08/25/2015 FOURTEENTH MEETING
REGULAR COUNCIL MEETING
August 25, 2015
Council met on Tuesday, August 25, 2015 at 5:05 p.m. for the purpose of
considering Regular Business matters. All members of Council were present.
The National Anthem was sung by Sydney Bergevin.
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ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Craitor, seconded by Councillor Morocco,
that the minutes of the July 28th meeting be approved, as printed.
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DISCLOSURES OF PECUNIARY INTEREST
Councillor Morocco indicated a pecuniary interest with cheque #385403, a
mileage cheque for the FCM Conference made payable to herself.
Councillor loannoni indicated a pecuniary interest regarding an In Camera matter
related to CUPE negotiations.
Mayor Diodati indicated a pecuniary interest regarding cheque #386221 made
payable to him.
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REPORTS/ PRESENTATIONS 5:20 — 6:00 P.M.
1. PBD-2015-38 — New Property Standards By-law
The report recommends the following:
That Council enacts the new Property Standards By-law including the updated schedule
of fees.
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Campbell that the staff recommendation report be approved.
Carried Unanimously
2. PBD-2015-39 — PLC-2015-003, Request for Removal of Part Lot Control, Lots
170-173 (Inclusive), Plan 260, 8452-8484 Willoughby Dr., Parkway Gardens,
Applicant: W.S. Walters Construction Limited
The report recommends the following:
1. That Council approve the request and pass the by-law included in tonight's
agenda to designate Lots 170-173 (inclusive), Plan 260, as exempt from Part Lot
Control for a period of two years.
2. That the applicant be required to notify the City when the new deeds for the lots
have been registered.
Brian Sinclair, agent for the applicant, spoke to the matter. The property was
built in 1956 and has been a rental ever since. He questioned the efficacy of placing
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August 25, 2015
eight laterals into a sewer of that age and pointed out that there had not been any
sewer issues to date. He also questioned the time limit placed on Part Lot Control.
It was pointed out by staff that the Ontario Building Code provisions cannot be
overridden by Council.
ORDERED on the motion of Councillor Campbell, seconded by Councillor
Thompson that the recommendation report be approved deleting the provision that the
provision setting a two-year time limit on the lifting of Part-Lot Control.
Carried Unanimously
3. MW-2015-09 — Winter Maintenance Policy Review
The report recommends the following:
1. The purpose of the report is to provide supplementary information on winter
maintenance levels of service following the Winter Maintenance Presentation to
Council on December 9, 2015.
2. That the Municipality calls on the Provincial Government to create and provide a
Minimum Maintenance Standard for Sidewalk Winter Control Maintenance.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
loannoni that the staff recommendation report be approved.
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the staff investigate Burlington windrow program and report back to
Council.
Carried
with Councillor Thomson opposed.
REPORTS
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS 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-2015-33 - Major Receivables Monthly (July)
That Council receive the Monthly Tax Receivables report for information purposes.
F-2015-34 - Municipal Accounts
That Council approve the municipal accounts totalling $10,877,942.63 for the period
June 5, 2015 to August 6, 2015.
FS-2015-07 - Metrolinx Antenna License Agreement
1. That Council approve the Metrolinx Antenna License renewal.
2. That the Mayor and Clerk be authorized to execute the related agreement.
L-2015-26 - Consulting Agreement Purchase Order
That Council approve a further revised Purchase Order for consultant services.
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MW-2015-26 - Consultant Appointment, Niagara Falls Pollution Control Plan
Update Study
That the Mayor and Clerk be authorized to sign and execute a Consulting Services
Agreement with GM BluePlan Engineering Limited to provide consulting services to the
complete the update to the City of Niagara Falls Pollution Control Plan, at an upset limit
of $197,025.00 excluding HST.
MW-2015-27 - Re-Appointment of Engineer Under the Drainage Act, Spriet &
Associates, St. John's Marsh Drain Project
That Council approve the re-appointment of Spriet Associates as the Drainage Engineer
for the St. John's Marsh Drain Project under section 78 of the Drainage Act.
PBD-2015-40 - PLC-2015-004, Request for Removal of Part Lot Control. Lots 72-75
(Inclusive) and 82-84 (Inclusive), Registered Plan 59M-395, Chippawa West Phase
2 Subdivision, Applicant: A.J. Clarke and Associates Ltd
1. That Council approve the request and pass the by-law included in tonight's
agenda to designate Lots 72-75 (inclusive) and 82-84 (inclusive) on Registered
Plan 59M-395, 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.
R & C 2015-11 MacBain Community Centre Renewal Agreements
That council authorize the Mayor and City Clerk to act on the behalf of the City to
execute the following MacBain Community Centre renewal agreements; Niagara Falls
Public Library and the Niagara Falls Big Brothers and Big Sisters for their respective
use of the MacBain Community Centre and amenities.
TS-2015-19 Swayze Dr — Speed Control Review
That a permanent speed hump be constructed on Swayze Drive in front of Ker Park.
TS-2015-20 Booth Street— Parking Review
That a "No Stopping" zone be established on the east side of Booth Street between
Orchard Grove Parkway and a point 75 metres north of Orchard Grove Parkway.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the
reports on the Consent Agenda be approved as recommended.
Carried Unanimously
MAYOR'S REPORTS, ANNOUCEMENTS
Mayor Diodati offered condolences to the family of Colleen Mann, a bus operator
with the City, on the passing of her father, Gregory James Wood.
Mayor Diodati advised on past events: Para Pan AM Games and Torch Relay,
Heater's Hero's event, 94th Annual Flower and Vegetable Show, Summer Company
Student Program Launch, Grand Openings of Brewin's Sports Bar, Canadian Clothing
Exchange, Montrose Dental and Water Depot. 35 Years of Service for Dr. Velji,
Quantum Gymnastics official opening in their new location, the A.M.O. Conference,
visitors for the Dragon Boat races in Welland, the Motorcycle show on Queen Street,
the Steve Ludzik Celebrity Roast of Darryl Sutter and the unfortunate falling of the
Heritage Oak Tree.
Mayor Diodati advised of upcoming events: his Charity Roast benefitting Niagara
Falls Community Outreach, Ovarian Cancer Walk of Hope, United Way Fall Fest, the
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Terry Fox Run, the Big Ride for Cancer in honor of Tim Hoaday, recently deceased
firefighter, and the retirement of Sam Arnold, City hall security guard.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. World Federation of Mental Health — requesting that October 19th be proclaimed as
"World Mental Health Day".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Morocco, seconded by Councillor
loannoni that the request be approved, as recommended.
Carried Unanimously
2. Ontario Society of Occupational Therapists — requesting that the month of October
be proclaimed as "Occupational Therapy Month".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the request be approved, as recommended.
Carried Unanimously
3. The Monarchist League of Canada — requesting recognition of September 9th
commemorating the coronation of the Queen.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the request be approved, as recommended.
Carried Unanimously
4. Niagara Falls International Marathon — requesting the provision of buses and possible
fee waivers related to road closures.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Thompson, seconded by Councillor
Morocco that the request be approved.
Carried Unanimously
5. United Way — requesting the allowance of food trucks for their kick-off event and waiver
of business licensing fees.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Morocco that the request be approved.
Carried Unanimously
6. Celebrate Old Downtown — requesting waiver of fees associated with road closures for
Escape Room and 21 Band Salute Events and relief of provisions of the Noise By-law
related to the Niagara Falls Street dance and Niagara Music Awards events.
RECOMMENDATION: For the Consideration of Council.
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ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the requests be approved.
Carried Unanimously
7. Arif Merani Memorial Fundraising Event — requesting the purchasing of a table at
their fundraising event.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Strange, seconded by Councillor Kerrio
that the request be approved.
Carried Unanimously
ADDITIONAL REPORTS
MW-2015-28 — Ontario Community Infrastructure Fund (OCIF) and Small
Communities Fund (SCF) Programs Intake 2 Applications
That staff be directed to submit Expressions of Interest for the Desson Avenue
Municipal Services Replacement Project under the Ontario Community Infrastructure
Fund and Slater Avenue Municipal Services Replacement Project under the Small
Community Fund programs.
ORDERED on the motion of Councillor Craitor, seconded by Councillor
Pietrangelo that the request be approved as recommended.
Carried Unanimously
PRESENTATIONS/DEPUTATIONS 6:30 P.M.
Epilepsy Niagara
Kristin Timmins-Welton, Executive Director, and Sarah Flonders of Epilepsy
Niagara informed Council of their Trivial Pur-SHOE-it Walk-a-thon scheduled for Oakes
Park on September 12th. Ms. Timmins-Welton gave an overview of Epilepsy and
explained Epilepsy Niagara provides non-medical services to those living with the
disorder and their families. Ms. Flonders shared her story as someone living Epilepsy.
Niagara Falls Red Raiders Junior Girls U19 Basketball Team
The Niagara Falls Red Raiders Junior Girls U19 Basketball Team was
recognized for their Ontario Cup Championship. Mayor Diodati presented trophies to
the players.
Councillor loannoni vacated Council Chambers.
RESOLUTIONS
NO. 25 PIETRANGELO - MOROCCO- THEREFORE BE IT RESOLVED that Niagara
Falls City Council that Niagara Falls City Council consents to Centennial Square being
the venue for the "21 Band Salute, considers the event of municipal significance and
supports the provision of a Special Occasion Liquor Licence (SOP) for the event and
grants relief to the City's Noise By-law to allow amplified music until 11:00 p.m.
Carried Unanimously
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NO. 26 CRAITOR - STRANGE —THEREFORE BE IT RESOLVED that Niagara Falls
City Council considers the Mashing the Monster event to be an event of municipal
significance and supports the provision of a Special Occasion Liquor Licence (SOP) for
the event.
Carried Unanimously
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RATIFICATION OF IN CAMERA MATTERS
ORDERED on the motion of Councillor Thompson, seconded by Councillor
Strange that the recommendation be approved.
MW-2015-24, Valley Way Road Widening Land Purchase
1. That Land described Part of Reference Plan 59R15143 daylighting triangle at the
northwest corner of Valley Way and Portage Road be purchased from the
Trustees of the Grace Gospel Church as per the conditions of the Purchase and
Sale of $2,500.00; and
2. That the Mayor and Clerk be authorized to sign and execute the necessary
documents.
Carried Unanimously
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NEW BUSINESS
Screaming Tunnels
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that staff look at who has jurisdiction for maintenance of the Screaming Tunnels
and if the City, that staff look at removal of water to ensure dry passage through the
tunnel.
Carried Unanimously
Victoria/Simcoe Intersection
ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio
that traffic staff review the intersection of Victoria Avenue and Simcoe Street.
Carried Unanimously
Councillor loannoni returned.
Heater's Heroes
ORDERED on the motion of Councillor Strange, seconded by Councillor
Pietrangelo that Council support "Hayden Davis Day", one of the Heater's heroes, and
that a request be made to the Illumination Board to illuminate the Falls, gold.
Carried Unanimously
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Councillor Pietrangelo vacated Council Chambers.
PLANNING MATTERS 7:00 P.M.
Public Meeting:
26CD-11-2015-002 Plan of Condominium (Vacant Land)
Southwest Corner of Mountain Rd & St. Paul Ave., (Part 1, Plan 59R-13519)
Applicant: 1784355 Ontario Limited (Chris Hawkswell & Joe DiCosimo)
Agent: Raimondo + Associates Architects Inc.
Proposed: 16 Unit Vacant Land Condominium
Background Material:
Recommendation Report PBD-2015-41
EXECUTIVE SUMMARY
1784355 Ontario Limited is proposing to develop the vacant 1.01 hectare of land
located on the southwest corner of Mountain Road and St. Paul Avenue, (Part 1, Plan
59R-13519), as a Plan of Condominium (Vacant Land). The condominium will divide
the land into 16 units of land with a common private road, visitor parking and amenity
areas. The condominium will allow the individual ownership of the townhouse dwellings
that are approved to be built on the land. Approval of the application is recommended
for the following reasons:
• The development is in conformity with the City's Official Plan, permitted by
Zoning By-law No. 79-200, as varied by the Committee of Adjustment, and will be
compatible with surrounding development;
• The condominium will assist in providing housing choices and will contribute to
the City's required 3 year short term housing supply; and
• City and Regional interests will be addressed through the fulfilment of the
conditions contained in Appendix 1.
BACKGROUND
Proposal
The applicant is proposing to develop lands located at the southwest corner of Mountain
Road and St. Paul Avenue, (Part 1, Plan 59R-13519), as a Plan of Condominium
(Vacant Land). Refer to Schedule 1 to locate the 1.01 hectare (2.5 acre) property. The
proposed condominium is comprised of 16 units of vacant land for future townhouse
dwellings and includes a private road, visitor parking and amenity areas. Schedule 2
illustrates the design of the project.
The subject land is zoned Residential Low Density, Grouped Multiple Dwellings (R4-
975) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 98-183.
The zoning permits the development of townhouse dwellings subject to site specific
development standards.
On October 28, 2014, the City's Committee of Adjustment approved a number of
variances (A-2014-021) to the regulations of the Zoning By-law to allow the proposed
design. The variances were recommended by the Planning Division and no appeals
were received.
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Surrounding Land Uses
The subject land is located on the southwest corner of Mountain Road and St. Paul
Avenue. A hydro corridor, owned by the Province of Ontario (Hydro One Networks Inc.)
abuts the lands to the south. To the west are single detached dwellings.
Circulation Comments
• Region of Niagara
No objections subject to the incorporation of conditions to address noise
mitigation measures and waste collection. These conditions are included
in Appendix 1.
• Niagara Peninsula Conservation Authority
No objection subject to the incorporation of conditions to address the
stormwater pond design.
• Municipal Works, Fire Services, Building Services, Canada Post, Bell Canada,
Enbridge, Parks Design
No objections. Requested conditions included in Appendix 1.
• Niagara Falls Transit, Hydro One Networks Inc.
No objections. Requested conditions included in Appendix 1.
ANALYSIS/RATIONALE
1. Official Plan
The subject lands are designated Residential in the City's Official Plan.
Residential lands are intended to be developed with a variety of residential
dwelling types, including townhouse dwellings. Townhouses can be developed
up to a maximum net density of 40 units per hectare and should be located on
local or collector roads. The proposed townhouses have a net density of 15.8
units per hectare and are located at the intersection of two collector roads.
The proposed development is in character with the surrounding residential
developments in the vicinity. The townhouse development will blend into the lot
fabric, streetscape and built form of the area. The subject site is located in
proximity to the Neighbourhoods of St. David's Subdivision.
The development will contribute to the required short term (3 year) supply of
housing mandated by the Planning Act for future needs. The City has close to a
6 year supply.
2. Zoning By-law
The property was rezoned in 2013 as Residential Low Density, Grouped Multiple
Dwellings (R4-975) with site-specific regulations. This zoning permits the
proposed townhouse dwellings.
In 2014, the applicant had submitted a Minor Variance application (A-2014-021)
to obtain relief from the minimum southerly and easterly setback, maximum lot
coverage and minimum landscape provisions of the Zoning By-law. The
application was approved by the Committee of Adjustment. The current proposal
complies with the zoning provisions, as varied.
3. Plan of Condominium and Conditions of Approval
The plan of condominium will accommodate the intended division of the land into
vacant units of land that can be owned separately. The plan will facilitate the
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sale of the townhomes to be built on them. The plan includes a private common
road off of Mountain Road, visitor parking and amenity areas. The scale, height
and setbacks of the proposed dwellings will be compatible with the surrounding
housing.
Lands that are developed as a vacant land condominium are not made subject to
Site Plan Control because the development issues including site
servicing/grading, landscaping, lighting, fencing, and waste disposal are
addressed in the condominium agreement. Appendix 1 includes the
recommended conditions of approval including the installation of the necessary
facilities and services for Canada Post, Bell Canada and Enbridge.
FINANCIAL IMPLICATIONS
The proposed development will generate development charge contributions and
property tax revenue for the City. There are no other financial implications.
CITY'S STRATEGIC COMMITMENT
The application does not affect any of the City's strategic commitments
REPORTREPORTLIST OF ATTACHMENTS
Schedule 1 - Location Map
Schedule 2 - Draft Condominium Plan
Appendix 1 - Conditions of Draft Plan of Condominium Approval
RECOMMENDATION
1. That the Plan of Condominium (Vacant Land) be draft approved subject to the
conditions contained in Appendix 1.
2. That the Mayor or designate be authorized to sign the draft plan as "approved"
20 days after notice of Council's decision has been given as required by the
Planning Act, provided no appeals of the decision have been lodged.
3. That draft approval be given for three years, after which approval will lapse
unless an extension is requested by the developer and granted by Council.
4. That the Mayor and City Clerk be authorized to execute the Condominium
Agreement and any required documents to allow for the future registration of the
condominium when all matters are addressed to the satisfaction of the City
Solicitor.
The Public Meeting was Closed.
Emilio Raimondo, for the agent, felt the project was an excellent opportunity to fill
a very peculiar shaped site. Although the final concept is not complete, he suggested
that the townhouses would be upscale.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio
that the application be approved as recommended.
Carried Unanimously
Councillor Pietrangelo returned
BY-LAWS
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ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni that
the by-laws be given a first reading.
Carried Unanimously
2015-91 A by-law to adopt a Consulting Agreement Purchase Order form.
2015-92 A by-law to designate Lots 49 and 50, Registered Plan 59M-401, not to be
subject to part-lot control (PLC-2015-002).
2015-93 A by-law to designate Lots 72-75 (inclusive) and Lots 82-84 (inclusive),
Registered Plan 59M-395, not to be subject to part-lot control (PLC-2015-
004).
2015-94 A by-law to authorize the execution of an amending licensing agreement
between 2095527 Ontario Limited and the Corporation of the City of
Niagara Falls for an antenna at 6700 Fallsview Boulevard.
2015-95 A by-law to authorize the execution of a lease renewal between the
Corporation of the City of Niagara Falls and the Niagara Falls Big Brothers
Big Sisters Association Inc. for a portion of the premises municipally
known as the MacBain Community Centre, 7150 Montrose Road.
2015-96 A by-law to authorize the execution of a lease renewal between the
Corporation of the City of Niagara Falls and the Niagara Falls Public
Library Board for a portion of the premises municipally known as the
MacBain Community Centre, 7150 Montrose Road.
2015-97 A by-law to amend By-law No. 80-114, being a by-law to designate private
roadways as fire routes along which no parking of vehicles shall be
permitted.
2015-98 A by-law to authorize the execution of an agreement with the Town of Fort
Erie for the provision of transit services.
2015-99 A by-law to approve the extension of the appointment of Spriet Associates
the Drainage Engineer for the St. John's Marsh Drain Project.
2015-100 A by-law to authorize the execution of an Agreement of Purchase and
Sale with the Trustees of Grace Gospel Church, respecting the purchase
of lands in the City of Niagara Falls, in the Regional Municipality of
Niagara.
2015-101 A by-law to prescribe standards for the maintenance and occupancy of
property within the City of Niagara Falls.
2015-102 A by-law to designate Lots 170-173 (inclusive), Plan 260, not be subject to
part-lot control (PLC-2015-003).
2015-103 A by-law to authorize the payment of $ $10,877,286.00 for General
Purposes.
2015-104 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 25`h day of August, 2015
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the by-laws be given a second and third reading.
Carried Unanimously
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ORDERED on the motion of Councillor Thompson, seconded by Councillor
Craitor that the meeting be adjourned at 7:15 p.m.
Carried Unanimously
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DEAN IORFID. , CITY CLERK JAMES M. DIODA I, MAYOR
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