2013/10/22 EIGHTEENTH MEETING
REGULAR COUNCIL MEETING
October 22, 2013
Council met on Tuesday, October 22, 2013 at 4:00 p.m. for an In Camera session.
All members of Council, except Councillor loannoni, were present.
NO. 38 -KERRIO-MAVES- THEREFORE BE IT RESOLVED THAT on October 22, 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(f) advice that is subject to solicitor-client privilege related to property known as the
Pedestrian Deck lands, 239(c)a proposed disposition of land related to 4171 Fourth
Avenue and a separate matter related to part of City-owned lands known as the former CP
Rail right of way, and the subject matter 239(d) labour relations.
Following consideration of the items presented, the In Camera Session did not rise and
report in open session.
Council met for the purpose of considering Regular Business matters in Council
Chambers at 5:35 p.m. Councillor Morocco offered the Opening Prayer. All members of
Council were present with the exception of Councillor loannoni were present.
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ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the minutes of October 8, 2013 be approved as recorded.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Thomson indicated a pecuniary interest to the In Camera item related to
the Pedestrian Deck lands.
Councillor Morocco indicated an indirect pecuniary interest to cheque number
637042, made payable to her spouse.
Councillor Wing indicated an indirect pecuniary interest to an In Camera item
related to the Pedestrian Deck lands.
Councillor Pietrangelo indicated a pecuniary interest to a wire transfer to the Niagara
Catholic District School Board, his employer.
Mayor Diodati indicated a pecuniary interest to cheque number 367292, made
payable to himself.
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REPORTS
CAO-2013-06 - City Position on Regional Reports
The report recommends that the position of the City of Niagara Falls on various
recent Regional Municipality of Niagara reports be forwarded to the Region.
Ken Todd, CAO, provided Council with an overview of the City of Niagara Falls
position on Regional reports.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Wing that
the Regional Councillors be invited to a future meeting.
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the report be approved as recommended with the amendment that the
Mountain Road/ Q.E.W. node be recognized and mentioned for its importance in relation
to the North West sector.
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-2013-55 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $21,047,417.17 for the period September 6, 2013 to October
2, 2013.
F-2013-56 - Monthly Tax Receivables Report. The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
PBD-2013-65 - PLC -2013-008, Request for Removal of Part Lot Control Block 87,
Registered Plan 59M-395. Chippewa West Phase 2 Subdivision. Applicant: Rady-
Pentek & Edward Surveying Ltd. (George Pietracci). The report recommends the
following:
1. That Council approve the request and pass the by-law included in tonight's agenda
to designate Block 87 on Registered Plan 59M-395, as exempt from Part Lot
Control for a period of two years; and
2. That the developer be required to notify the City when the new deeds for the parcels
have been registered.
TS-2013-41 - Lemon Road and Miller Road - Removal of Bridge Weight Restrictions.
The report recommends that the maximum 14 tonne weight limit for the bridge on Lemon
Road, east of Montrose Road and the 2.5 tonne weight limit for the bridge on Miller Road,
east of Sodom Road be removed.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the reports on th Consent Agenda be approved as recommended.
Carried Unanimously
F-2013-57 - Adding Provincial Offences Act(POA) Fines to the Tax Roll. The report
recommends that Council approve the agreement with the Niagara Region, and related
execution by-law,to add defaulted Provincial Offences Act(POA)fines to the City's tax roll.
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ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that
Council not approve the report recommending an agreement with the region to add
Provincial Offences Act fines to the tax roll.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati advised of recent events: Haunt Manor "Children's Day", Navratri
Celebration, Club Italia Playground Ribbon Cutting, George Bukator Park Clean Up,
Rosberg Family Park plaque unveiling, 10`h Annual Pumpkin-fest at Heartland Forest, and
the Vitaterna Memorial Dinner Dance.
Mayor advised of upcoming events: Sleep Cheap, United Way Poorboy Auction, Niagara
Falls International Marathon, Arts & Culture Wall of Fame Ceremony, Key to the City
presentation to Walter Ostanek at the 4th Annual Oktoberfest Celebration, Fall Gala in
Memory of Matthew Daniele, Mayor's Prayer Breakfast at Club Italia with keynote speaker
Nik Wallenda, and Remembrance Day Services: November 3rd at Chippawa Willoughby
Memorial Arena and November 11`h at Gale Centre.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1.a Winter Festival Of Lights
1.b FX Works Inc. - requesting their respective, annual Fireworks displays.
RECOMMENDATION: For the approval of Council, subject to appropriate insurance
requirements.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the requests be approved.
Carried Unanimously
2. Recycling Council of Ontario - requesting that October 21 -27`h, be proclaimed
"Waste Reduction Week" in the City of Niagara Falls.
RECOMMENDATION: For the approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
the request be approved.
Carried Unanimously
3. Comunita di Sant'Egidio- requesting that November 30`h be proclaimed as "cities
for Life" day opposing capital punishment.
RECOMMENDATION: For the approval of Council.
ORDERED on the motion of Councillor Mayes, seconded by Councillor Thomson
that the request be received and filed.
Motion Carried
with Councillor Pietrangelo opposed.
4. City of St. Catharines - requesting support of their resolution calling for daily GO
Train Service to Niagara.
RECOMMENDATION: For the support of Council.
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ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the resolution be supported.
Carried Unanimously
5. Regional Municipality of Niagara-requesting comments on an application by Wal
Mart for a tourist exemption under the Retail Holidays Business Act.
RECOMMENDATION: Council support the application.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that
the application be supported.
Carried Unanimously
PRESENTATIONS/DEPUTATIONS
Public Library Week
Dr. Louis Visentin, Chair of the Niagara Falls Public Library made a presentation to
Council, recognizing Public Library Week and informing Council of the upcoming activities
taking place at the libraries. Andrew Porteus, Manager of Adult Reference & Information
Services, did a presentation on the Niagara at War Internet Portal that has been
developed.
Provincial Championships
Mayor Diodati congratulated members of The Niagara Falls Falcons Minor Pee Wee
Baseball team and presented the team members with an award.
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PLANNING MATTERS 7:00 P.M.
PBD-2013-64-Official Plan Amendment No. 113. Proposed to Lift the Deferral of the
Morrison/Dorchester Node.
Background
Council adopted OPA No. 94, an amendment to bring the Official Plan into conformity with
the Growth Plan.
OPA No. 94 was appealed to the OMB.
Final outstanding appeal is the deferral of the Morrison/Dorchester Node.
Morrison/Dorchester Node provided an overlay for residential development to strengthen
the commercial viability of the district.
The deferral provided additional time to investigate and resolve:
• The re-tenanting of the former Wal- Mart building;
• The appeal of the application to convert the former Canada Home Products site to
residential;
• To deal with the subdivision application on the Optimist Park lands.
These matters have been resolved as:
• The former WalMart building has been occupied by Target;
• Canada Home Products application has been approved by the OMB for residential
development; and
• The Optimist plan of subdivision is registered and now being serviced.
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Circulation Comments
MHBC Planning on behalf of Rio-Can, Home Depot are not opposed to the amendment
but seek to protect existing commercial and industrial uses from future residential
development
Mark Stirzinger, Petit Avenue, would like to see a height limitation to 2 storeys and
increased landscaping provisions on the RioCan former Zellers site;
This does not remove policies or regulations which would allow the node to develop
at greater than 2 storeys under current commercial zoning;
Should a developer apply to change the zoning of a parcel of land to permit
residential uses, the policies of OPA No. 113 would prevail.
Planning Analysis
Morrison/Dorchester area was identified as a node because of the extent of commercial
land, employment uses and the development potential of the former Canada Home
Products site, the former Acres site as well as Optimist Park.
The node serves as a municipal and regional transit hub.
Arterial roads provide the opportunity to accommodate traffic.
The node policies provide for a height and density regime that respects existing
neighbourhoods.
Conclusion
Staff are continuing to work towards a resolution of the concerns received.
Recommendation
That Council receive the comments regarding Official Plan Amendment No. 113 which
proposes to lift the deferral of the Morrison/Dorchester Node and that staff work to resolve
any concerns raised.
The Public Meeting Closed.
Gail Piazza, 6748 Cropp Street, questioned the results of the OMB decision related
to the Paletta application. The residents in attendance were promised a copy of the
decision.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that
the report be approved.
Motion Carried
with Councillor Gates opposed.
RESOLUTIONS
NO. 39- PIETRANGELO - THOMSON - THEREFORE BE IT RESOLVED that the
Expression of Interest, for the Kalar Road Reconstruction Project, to be submitted by the
Corporation of the City of Niagara Falls is factually accurate; and
FURTHER BE IT RESOLVED that the Corporation of the City of Niagara Falls is committed
to a comprehensive asset management plan by December 31, 2013.
No. 40 - PIETRANGELO - THOMSON - THEREFORE BE IT RESOLVED that the
Expression of Interest, for the Robinson Street Reconstruction Project, to be submitted by
the Corporation of the City of Niagara Falls is factually accurate; and
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FURTHER BE IT RESOLVED that the Corporation of the City of Niagara Falls is committed
to a comprehensive asset management plan by December 31, 2013.
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BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the by-laws be given a first reading.
Carried Unanimously
2013-154 A by-law to designate Block 87, Registered Plan 59M-395, not be subject to
part-lot control.
2013-155 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Weight Limits on Bridges)
2013-156 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Speed Limits on Highways - (Part 2 - 60 km/h),
Speed Limits on Highways - (Part 3 - 70 km/h), Parking Prohibited)
2013-157 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking
Prohibited, Parking Meter Zones)
2013-158 A by-law under the Building Code Act respecting construction, demolition,
change of use,occupancy, transfer of permits and inspections.
2013-159 A by-law to authorize the payment of$21,047,417.17 for General Purposes.
2013-160 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 22nd day of October, 2013.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the by-laws be given a second and third reading.
Carried Unanimously
NEW BUSINESS
FIT Application
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the City submit a F.I.T. application for the new bus facility.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves
that the meeting be adjourned at 8:00 p.m.
Carried Unanimously
DEAN IORFI A, CI Y CLERK JAMES M. DIODATI, MAJYOR