2013/09/24 SIXTEENTH MEETING
REGULAR COUNCIL MEETING
September 24, 2013
Council met on Tuesday, September 24, 2013 at 4:00 p.m. for an In Camera
session. All members of Council were present.
NO. 36 KERR!O-IOANNONI- THEREFORE BE IT RESOLVED THAT on September 24,
2013, at 4:00 p.m., Niagara Falls Council will go into a closed meeting, prior to their
regularly scheduled meeting at 5:00 p.m. to consider matters that fall under the subject
matter of 239(2)(f), advice subject to solicitor-client privilege and 239(c)a proposed or
pending acquisition of land regarding part of 6549 Corwin Crescent, 4171 Fourth Avenue
and the N.S.T. Rail line, a matter that falls under 239(2)(f), advice subject to solicitor-client
privilege related to the storm event of July 19, 2013 and a matter that falls under the
subject matter of 239(2)(d) labour relations.
Following consideration of the items presented, the In Camera Session did rise and report
in open session.
Council met for the purpose of considering Regular Business matters in Council
Chambers at 5:00 p.m. Councillor Kerrio offered the Opening Prayer. All members of
Council were present.
* * * * *
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor Mayes that
the minutes of September 10, 2013 be approved as recorded.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Morocco indicated an indirect pecuniary interest to cheque numbers
365588, 366363, made payable to her spouse and a pecuniary interest to cheque numbers
366364 and 366732 made payable to herself, related to the A.M.O. conference.
Mayor Diodati indicated a pecuniary interest to cheque numbers 365460, 365864,
366316 and 366686 made payable to himself.
* * * * *
REPORTS
Request to move report MW-2013-46 forward.
- 2- September 24, 2013
Council Minutes
1 . MW-2013-46 - Lion's Legacy Trail/Millennium Trail Phase 3 Project Update
The report recommends the following:
1) That Lion's Legacy Trail Project be approved and funded by pre-approving an
amount of $587,000 in the 2014 Capital Budget.
2) That staff confirm their efforts to offset this expenditure from external sources.
Wayne Scott, Lions Club, Acting Secretary, spoke to all the community good the
club had done over the years.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that Council approve the recommendation and Jim Fyfe be appropriately recognized in
conjunction with the proposed trail
Carried Unanimously
2. July 19' Storm Update - The Director of Municipal Works provided Council with an
update on the major storm event.
Councillor loannoni exited Chambers.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that Mr. Tim Lambert be permitted to speak.
Carried Unanimously
Tim Lambert, Brookdale Drive, believes any future development should be held off
until the issues with flooding are addressed and resolved. He spoke to past flooding issue
he had, though not with this recent storm, and questioned capacity at the pumping stations.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the presentation be received for information.
Carried Unanimously
3. R&C-2013-18 - Revised Niagara Falls Museums Policies
The Report recommends that Council approve the following Niagara Falls Museums
Policies: Collections Management, Community, Exhibition, Interpretation and Educational
Programmes, Physical Plant and Research.
Clark Bernat, Museum Manager, made a brief presentation.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that
the report be approved as recommended.
Carried Unanimously
4. CD-2013-06 - Chippawa District Association
The report recommends the following:
1 . That the Chippawa District Association (CDA) be directed to apply for membership
through Niagara Falls Tourism, the official tourism marketing arm for the
municipality; and
2. That staff continues to monitor transit ridership in Chippawa and enhance
connectivity to the residents.
Councillor loannoni returned to Chambers 6:40 p.m.
Dylan Muileboom, CDA member, spoke of the initial efforts of the new organization,
the importance of the need for the area to be recognized by tourists, easing of parking
restrictions and WEGO service.
- 3- September 24, 2013
Council Minutes
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
the matter be reterred to staff to work with the group (CDA) to accomplish their objectives.
Carried Unanimously
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF RE PORTS THAT COULD BE APPROVED IN
ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE
RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET.
THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE
OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE
CONSIDERED SEPARATELY.
F-2013-52-Major Tax Receivables Report.The report recommends that Council receive
the Monthly Tax Receivables report for information purposes.
F-2013-53 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $42,752,369.71 for the period
July 5, 2013 to September 5, 2013.
MW-2013-43 Fallsview Boulevard - Murray Street to Ferry Street Watermain
Replacement. The report recommends the following:
1. That the scope of the Fallsview Boulevard (Murray Street to Ferry Street) be
expanded to include a Municipal Class Environmental Assessment to evaluate
transportation improvements, sanitary sewer replacement and full road
reconstruction
PBD-2013-60 - PLC-2013-007, Request for Removal of Part Lot Control Lots 103-121
(Inclusive) and 154-164 (Inclusive), Registered Plan 59M-388. Warren Woods Phase
1 Subdivision. Applicant: Warren Woods Land Corporation (Charles Lovrics). The
report recommends the following:
1 . That Council approve the request and pass the by-law included in tonight's agenda
to designate Lots 103-121 (inclusive) and 154-164 (inclusive) on Registered Plan
59M 388, as exempt from Part Lot Control for a period of three years; and
2. That the developer be required to notify the City when the new deeds for the lots
have been registered.
PBD-2013-61 -26CD-11-2008-03, Request for Extension of Draft Plan Approval Draft
Plan of Condominium (Conversion). 4218 Portage Road (East Side), North of
Gallinger Street. Owners: Shaukat& Amina Parekh (Agent-Al Heywood). The report
recommends that Council grant a two month extension to draft plan approval for the Plan
of Condominium for the 3-storey, 18 unit apartment building known as 4218 Portage Road.
TS-2013-37 - Handheld Ticket Units and Supporting Software Request for Proposal
RFP50-2013. The report recommends the following:
1) Gtechna be awarded the contract to supply system software to support handheld
ticketing units.
2) That the Mayor and Clerk be authorized to execute the necessary agreements.
- 4- September 24, 2013
Council Minutes
TS-2013-39 - Kalar Road - Parking & Traffic By-laws. The report recommends the
following:
1 . That various parking, stopping and standing prohibitions be installed on Kalar Road
between Forestview E3oulevard/Rideau Street and Harvest Crescent/Feren Drive;
and,
2. That the bicycle lanes be designated by municipal by-law.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
MW-2013-45 - City-Wide Beautification Contract, Contractor Changes. The report
recommends the following:
1 . That staff be authorized to engage the services of Kelly Digs Landscaping Services
Ltd. to complete the annual City-Wide Beautification Contract for the balance of this
year, and;
2. That staff be directed to implement a pre-qualification process for the future City-
Wide Beautification program.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that recommendation #1 be approved and management staff be directed to meet with
CUPE regarding the issue of contracting out of the services.
Carried Unanimously
PRESENTATIONS/DEPUTATIONS 7:00 P.M.
Niagara Community Foundation
Liz Palmieri, Executive Director, Niagara Community Foundation, made a
presentation to Council on the Foundation's activities and to request that Nov. 1st be
proclaimed as "Random Act of Kindness Day", Nov. 15th be proclaimed as "National
Philanthropy Day" and the month of November be proclaimed as "Philanthropy Month" in
the City of Niagara Falls.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the presentation be accepted.
Carried Unanimously
* * * * *
PLANNING MATTERS
Public Meeting
PBD-2013-59 -AM-2013-013, Zoning By-law Amendment Application. 7712 Badger Road
and Part of 7720 Badger Road. Applicants: Norman and Johanne Duguay
Agent: Lucy Borghesi. 14 Unit Townhouse/Semi Detached Dwelling Development
Background
A Zoning By-law amendment application is requested for a 6475 sq. m (1.6 ac) parcel of
land to permit the development of up to 14 townhouse units.
NEIGHBOURHOOD OPEN HOUSE
Held on August 19, 2013 with 15 neighbours in attendance.
Concerns raised about units being rented, the devaluation of their properties, the potential
for traffic impacts on Badger Road and off-site drainage impacts.
- 5- September 24, 2013
Council Minutes
Agent indicated that although the applicant's intend to sell the land, the proposal was
intended to be a condominium development marketed to mature people.
It was also mentioned that to ensure value was built into the units, the units could be
required to be built with attached garages. In addition, the drainage and grading of the
subject land would be addressed at site plan or plan of condominium stage.
Planning Analysis
Provincial Policy Statement and Growth Plan
Provincial policies required 40% of all residential development to occur through
intensification within a municipal built-up area by the year 2015.
Development of underutilized parcels is one form of intensification.
Infill development similar to that constructed on O'Neil Street.
OFFICIAL PLAN
Designated Residential in the Official Plan
The land can be considered for medium density housing up to 50 units /ha because it is
located on a collector road.
Proposed development conforms as follows:
• Density of 22 units/ha which is within the maximum permitted for sites on collector
roads and only slightly above the density expected for single detached housing
• Low rise project would be compatible with the existing form of housing in the
neighbourhood. Privacy fencing will be required between the development and the
existing residential units. The proposed townhouses would have 7.5m (25ft.) Privacy
yards in keeping with the City's standards consistent with the rear yard of abutting
properties.
► No traffic impacts are expected
ZONING
Currently zoned Residential Single Family 1D Density (R1 D)
Applicant is requesting lands be zoned Residential Low Density, Grouped Multiple
Dwellings(R4), which typically permits both apartment buildings and townhouse dwellings.
The by-law should be written to only allow townhouse and semi-detached dwellings.
The applicant has also requested the following modifications to the standard regulations
to facilitate the project:
• Minimum Lot Frontage 30m
• Minimum sideyard width 1/2 building height to 5m - proposed 3m.
• Maximum lot coverage 35% - proposed 36%
► Semi-detached dwelling: Not permitted - proposed to permit semi-detached
dwelling.
To address resident concerns and to reflect standards existing in surrounding
neighbourhood the following additional site specific regulations:
• Minimum Lot Area: 250 sq. m /unit — proposed: 450 sq. m/unit
► Attached garage for each unit: none required — proposed: 1 garage/unit
► Dwelling types permitted: Townhouse and Apartment— proposed: Townhouse and
semi-detached only
An "H" symbol is required for a noise study and record of site condition to be completed.
- 6- September 24, 2013
Council Minutes
DEEMING BY-LAW
The subject properties include a full lot in a plan of subdivision that was intended to be
developed separately.
Applicant wishes to sever off the rear of one lot and develop the severed parcel with the
other parcels as one parcel.
Deeming the land to no longer be within the registered plan of subdivision will enable it to
merge to form one parcel for zoning and Building Code purposes.
Should the application be approved, a deeming by-law should be required as a condition
of the consent application.
SITE PLAN/PLAN OF CONDOMINIUM
Site plan and condominium applications will be required prior to future development and
sales.
CONCLUSION
The amendment can be supported because:
► The proposal conforms to the Official Plan in terms of location of medium density
housing; and
► The building height and setbacks of the project are compatible with the surrounding
housing in the neighbourhood.
RECOMMENDATION
That Council approve the Zoning By-law amendment application to rezone the land
Residential Low Density, Grouped Multiple Dwellings Zone (R4) with site specific
regulations to permit the development of a 14 unit townhouse project.
That the by-law include the regulations recommended in the staff report including a holding
(H) symbol to ensure the completion of a Record of Site Condition and either the
completion of a noise study or in the inclusion of the noted noise mitigation measures.
Kelly Brunacioni, 6502 Kendale Court, submitted a petition to Council and
expressed her opinion that the development that will be too intense for the quiet
neighbourhood, will bring increased traffic and decreased property values.
Sue Halliday, 7696 Badger Road, lives next door to the proposed development
property. She is not opposed to the proposal but would like to see a roadway along the
side of Duguay's property and an adjustment on the number of units to better suit the size
of property.
Maria Silvestrone, 7641 Charnwood Avenue, was not opposed to the development
but was concerned that the intensification will exacerbate drainage issues with the hydro
corridor which separates the two areas. Catch basins are currently blocked.
Sara Premi, Sullivan Mahoney, outlined that the application was supported by
Planning staff, met smart growth principles, and was similar to other, positive in-fill
developments in the City. She indicated that there was no basis on Planning grounds to
deny the application. There is no proof that property will be devalued, the site could
support more than the proposed fourteen units, Traffic staff had no concerns, a noise study
will be undertaken and a drainage plan has to be undertaken during condominium stage.
The Public Meeting was Closed
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the application be denied.
Carried Unanimously
- 7- September 24, 2013
Council Minutes
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
to refer to Ontario Hydro the issue brought forward by Mrs. Silvestrone concerning debris
along the hydro corridor.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to Ken Mech, a city employee, on the passing
of his mother, Martha Mech, and to Karen Kitney, a city employee on the passing of her
uncle Lawrence Joseph Kitney.
Mayor Diodati congratulated city employees Wayne Allan and Ron Waters, on their
long service medals for 25 years in Municipal Law Enforcement.
Mayor Diodati advised of recent events: Fatima Path to Peace Conference,
Granfondo, Rotary Lobsterfest, Parade of the Unknown Soldier, Terry Fox Run, inaugural
Mayor's Health Lunch event, Sullivan Mahoney 60th Anniversary, visits by His Excellency
Andris Berzins, President of the Republic of the Latvia and the Princess of Thailand, the
50th Anniversary Celebration of the Queenston-Lewiston Bridge, Boggio & MacKinnon
Pharmacy Grand re opening.
Mayor Diodati advised of upcoming events: Summer Trillium Recognition of
Excellence Awards and the Mayor's Prayer Breakfast.
* * * * *
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Autism Ontario Niagara Region - requesting that month of October be proclaimed
as "Canadian Autism Awareness Month", in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
2. Fire Prevention Week - requesting that October 6 to October 12, 2013 be
proclaimed as"Fire Prevention Week"and October 12, 2013 be designated as"Fire
Service Recognition Day" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
3. Ontario Multifaith Council -- requesting that the week of October 14- 20, 2013 be
proclaimed as"Spiritual and Religious Care Awareness Week"in the City of Niagara
Falls.
RECOMMENDATION: For the Approval of Council
4. CUPE Ontario - requesting that October 30, 2013 be proclaimed as "Child Care
Worker & Early Childhood Educator Appreciation Day" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
5. Middlesex Centre - requesting support of a resolution opposing the requirement
for reclassification of municipal building officials under Ont. Reg. 332/12 of the
Ontario Building Code.
RECOMMENDATION: For the Approval of Council
6. The Mayor's Accessibility Advisory Committee-requesting that Council approve
the new name for the committee and new logo.
RECOMMENDATION: For the approval of Council.
7. Niagara Falls Community Policing Committee - requesting that the City of
Niagara Falls consider partnering on the new community policing model.
- 8- September 24, 2013
Council Minutes
RECOMMENDATION: Refer to staff
8. Niagara Falls International Marathon - requesting in-kind bus service for the
annual event.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that all requests in the communications be approved.
Carried Unanimously
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the to rename a portion of Kalar Road as Heartland Forest Road be referred to staff.
Carried Unanimously
RATIFICATION OF" IN CAMERA" RECOMMENDATIONS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the recommendations from the meeting from September 24th, 2013 be approved:
1 . L-2013-33
Picard Transfer of Easement to the City
1 . That the City enter into an Agreement with Tyler Picard and Kelly Picard, with
respect to the use of a potion of land located at 6549 Corwin Crescent being
Part 1 on Reference Plan 59R-14942 ("Easement Lands"), to secure a
sanitary sewer located underneath a portion of said lands; and
2. That the Mayor and Clerk be authorized to execute said Agreement
2. Former N.S.T. Rail line/Thorold Stone Road Extension
1 . That staff be authorized to undertake the acquisition and construction of a
driveway from Stanley Ave to Fourth Avenue, servicing Gale Centre.
2. That the Mayor and Clerk be authorized to execute whatever documents are
associated with recommendation #1
3. That staff be authorized to take whatever steps are required to implement
Recommendation #1 including, but not limited to, the acquisition of land for
a price of $125,000, a Phase II Environmental Investigation and an
Environmental Assessment of the project.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the by-laws be given a first reading.
Carried Unanimously
2013-143 A by-law to authorize the payment of$42,752,369.71 for General Purposes.
2013-144 A by-law to authorize the execution of an Agreement with Tyler Picard and
Kelly Picard, respecting the purchase of an easement, being Part 1 on
Reference Plan 59R-14942; in the City of Niagara Falls, Regional
Municipality of Niagara.
2013-145 A by-law to adopt a mark, symbol or design for the Mayor's Accessibility
Advisory Committee for the Corporation of the City of Niagara Falls.
- 9- September 24, 2013
Council Minutes
2013-146 A by-law to designate Lots 103-121 (inclusive) and 154-164 (inclusive),
Registered Plan 59M-388, not be subject to part-lot control (PLC-2013-007).
2013-147 A by-law to amend By-law No. 2002-081, being a by-law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2013-148 A by-law to appoint Councillor Vince Kerrio as Acting Mayor.
2013-149 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 24th day of September, 2013.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by-laws be given a second and third reading.
Carried Unanimously
NEW BUSINESS
John MacBain
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the possibility of a future, appropriate recognition for Niagara Falls native and
philanthropist, John MacBain be referred to staff.
Carried Unanimously
Kim Craitor M.P.P.
ORDERED on the motion of Councillor Gates, seconded by Councillor Wing that
a letter of thanks and congratulations be sent to Kim Craitor for his contribution and years
of service to the City as M.P.P. for Niagara Falls
Carried Unanimously
* * * * *
ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes
that the meeting be adjourned at 8:25 p.m.
..:1),Aftz e/ fi"-------
Carried Unanimously
* * * * *
//LPL
DEAN IORFI A, CITY CLERK JAMES M. DIODATI, MA OR