12/13/2016 SEVENTEETH MEETING
REGULAR COUNCIL MEETING
December 13, 2016
Council met on Tuesday, December 13, 2016 at 5:00 p.m. for the purpose of
considering Regular Business matters. All members of Council were present.
Maia Pavone sang the National Anthem.
* * * * *
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Thomson that the minutes of the November 22, 2016 and the November 25th special
meeting be approved.
Carried Unanimously
* * * * *
DISCLOSURE OF PECUNIARY INTERESTS
Councillor Craitor indicated a pecuniary interest with cheque 395433, made
payable to himself.
Councillor Pietrangelo indicated a pecuniary interest with report R&C-2016-16 as
the Niagara Catholic District School Board is his employer.
Councillor Campbell indicated a conflict with report R&C-2016-16 as his spouse
is a board member of the District School Board of Niagara.
Mayor Diodati indicated a pecuniary interest with cheque number 395643, made
payable to himself.
* * * * *
PRESENTATIONS/ DEPUTATIONS 5:00 P.M.
Winter Festival of Lights/ Canada 150 Committee
Chris Dabrowski and Tina Myers, Executive Director for the Winter of Festival of
Lights, spoke to Council regarding budget requests for her organization and the Canada
150 initiatives.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Morocco that Council approve an initial budget of $150,000 with consideration of a
further $300,000 at a later date after the Ad Hoc committee reports back.
Carried Unanimously
ORDERED on the motion of Councillor Campbell, seconded by Councillor
Morocco that the organization's request be referred to budget deliberations.
Carried Unanimously
Council Minutes
December 13, 2016
Niagara District Airport Commission
James Detenbeck, Airport Commission Treasurer, addressed Council on the
Airport's 2017 budget request.
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Campbell that the organization's request be referred to budget deliberations, with an
advance funding for the chemical sprayer purchase.
Carried Unanimously
NRPS Matters
Inspector James (Jim) McCaffery, 2 District Commander, Niagara Falls, Niagara
on the Lake, Casino Patrol Unit introduced himself to Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the presentation be received and filed.
Carried Unanimously
Volunteer Recognition
Don Johnson, noted community volunteer, was recognized by the Mayor and
presented with a plaque.
Rangers Soccer Team
The N-O-T-L Rangers U13 Soccer Team, made up primarily of Niagara Falls
residents, was recognized for their Ontario Cup Championship.
REPORTS
R & C-2016-16 — Artificial Turf Field Proposals
The report recommends the following:
1. It is recommended that the construction of an artificial turf field in partnership with
NCDSB and Niagara Falls Soccer Club at EE Mitchelson Park be referred to the
2017 capital budget process.
2. Negotiate with the NCDSB and NF Soccer Club user agreements.
3. Continue to explore possible partnerships with the DSBN.
ORDERED on the motion of Councillor Strange, seconded by Councillor Kerrio
that the report be approved as recommended.
Carried Unanimously
With Councillors Campbell and Pietrangelo declaring conflicts.
2
Council Minutes
December 13, 2016
* * * * *
PLANNING MATTERS 6:30 P.M.
Public Meeting:
PBD-2016-59 - 26T-11-2016-002 & AM-2016-017 — Warren Woods Estates Phase 4
Stage 2 Draft Plan of Subdivision and Official Plan and Zoning By-law Amendment
Application. 7983-8003 Montrose Road
Owner: 1340258 Ontario Inc. (Robert O'Dell — Managing Partner)
Agent: Upper Canada Consulting (Jennifer Vida)
Background
Applicant applied to subdivide the westerly 5.02 ha (12.4 ac) into 76 single lots; 39
townhouse dwellings; a park & wildlife corridor.
Amend the Official Plan to place entire subdivision under Medium Density Residential
with special policy for detached dwellings.
Request is to rezone part of the subdivision as R4, with site specific front yard, privacy
yard depth, side yard width, lot coverage & parking.
Request to rezone part of the subdivision to R3 with special provisions for lot area,
frontage, front yard depth, rear yard depth, interior and exterior side yard, building
height, lot coverage and landscaping.
Park land is to be zoned Open Space.
Place holding zone on Light Industrial to the east.
Provincial Policy Statement & Growth Plan
The applications are consistent with the Growth Plan and Provincial Policy Statement as
follows:
➢ Involve the development of lands within the Urban Boundary and Greenfield
area;
Achieve a density if 59 people/jobs per hectare which exceeds the City's target of
53 people/jobs per hectare; and,
➢ Contributes to the City's supply of building lots
Planning Analysis
Garner South Secondary Plan - Lands are designated Medium Density Residential, in
part, and Employment, in part. Adjacent Employment lands to the east are intended to
be developed with live-work units.
Live-work units consist of dwelling units in combination with compatible small scale
home industries or office-type uses. They are intended to provide a transition and
minimize conflicts between proposed residential uses and employment uses fronting
onto Montrose Rd.
Applicant is also requesting a small portion of land to the north of the subdivision
between the two lobes of PSW be re-designated from Residential to Open Space.
3
Council Minutes
December 13, 2016
Although originally contemplated for residential use, the configuration of the area along
with a required buffer of the adjacent wetland would make it challenging to develop as a
residential area.
The proposed designation will allow for passive recreational uses. The 1 ha of
residential lands in this location will be made up with the re-designation from
Employment lands.
The application conforms to the Secondary Plan as follows:
• The subdivision meets the minimum density requirements of the
Secondary Plan, in combination with other approved phases;
• The abutting wetlands will be preserved and protected by an appropriately
sized buffer;
• The connections onto Brown Rd. meet transportation design guidelines
per intersection spacing and provide for a safe and efficient transportation
network.
• The park and wildlife corridors provide an opportunity for recreational trails
to link the rest of the subdivisions; and,
• Reverse lot frontages are avoided, providing for good urban design along
Brown Rd.
Zoning
Lands are currently zoned Light Industrial with a small portion being zoned Hazard
Land. Single detached lots are requested to be changed to a similar R1 F zone as in the
subdivision to the west.
Conclusion
Complies with Provincial and Regional policies and is compatible with surrounding
development. Will provide housing options;
Re-designating 1 ha from Residential to Open Space to make part of Neighbourhood
Open Space
Proposed zoning regulations will facilitate compact form;
Rezoning wetlands to Environmental Protection Area will protect natural features;
Placing holding provision on LI zoned lands until live-work units are advanced will
prevent land use conflicts.
Recommendation
That Warren Wood Phase 4, Stage 2 Plan of Subdivision be draft approved subject to
the conditions in Appendix A of the staff report.
That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days
after the notice of Council's decision has been given as required by the Planning Act,
provided no appeals of the decision have been lodged.
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
Council Minutes
December 13, 2016
That the application to amend the Official Plan (Garner South Secondary Plan) and
Zoning By-law be approved as detailed in the staff report; and,
That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and
any required documents to allow for the future registration of the subdivision when all
matters are addressed to the satisfaction of the City Solicitor.
Carmella Agro, Upper Canada Consulting, representing the owner, was in
support of the staff report as recommended.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Strange that the report be approved as recommended.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor
loannoni that Council reaffirm the request for a staff report the development prohibition
in the circular area surrounding Cytec and that staff consult with the stakeholders that
have been affected by the prohibition.
Carried Unanimously
PBD-2016-60 — AM-2015-011, Official Plan and Zoning By-law Amendment Application,
4536 and 4552 Portage Road. Applicants: Sleek Developments Inc. and APR
Investments. Agent: Jennifer Vida, Upper Canada Consultants. Proposal: Proposed 96
Unit Townhouse Development
Background
Zoning By-law amendment for 2 abutting properties
96 unit townhouse development on 4552 Portage Rd
Community centre exclusive to the development, on 4536 Portage Rd
4552 Portage Rd is designated Industrial in Official Plan; requested to be changed to
Residential;
Zoning for property requested to be changed from GI, in part, and I, in part to
Residential Low Density, Grouped Multiple Dwellings (R4) with site specific regulations.
4536 Portage Rd is zoned General Industrial in part and Light Industrial, in part;
requested to be changed site specifically to Light Industrial zone to ensure the property
is compatible with surrounding residential uses.
Neighbourhood Open House held on November 26, 2015, attended by 7 residents who
expressed concerns regarding traffic and the nearby railway crossing. Applicant noted
he was not successful in obtaining a right-of-way
Planning Analysis
Provincial Policy Statement, Growth Plan & Land Use Compatibility
City has large surplus of employment lands so the conversion requested can be
accommodated.
5
Council Minutes
December 13, 2016
MOECC has established D-6 Guidelines that classify the intensity of industrial uses and
also set out studies to be done if infill development proposes sensitive uses.
Air Quality & Noise and Vibration studies have been completed and have recommended
mitigating measures to control dust and noise.
Official Plan
Lands designated Industrial.
Request that 4552 Portage be re-designated Residential for the following reasons
Proposal conforms to policies with respect to conversion of brownfield sites to non-
industrial uses.
Development is proposed at a height and massing that are in character with
surrounding neighbourhood.
Adequate setbacks, extensive buffering and dwelling construction techniques. are
provided to mitigate impacts from nearby industrial uses.
Will contribute to short term supply of housing.
Zoning By-law
Lands zoned General Industrial (GI), in part & Institutional (I), in part.
Request that 4552 Portage be re-zoned Residential Low Density, Grouped Multiple
Dwellings, (R4) with these site specific regulations:
Conclusion
Amendment Recommended
Complies with the Official Plan
Lands are not required for employment lands
Will assist in reducing long term deficit of medium density housing;
Will be compatible with industrial uses and nearby railway with appropriate mitigation
measures;
Height and massing compatible with surrounding neighbourhood
Zone change will provide regulations to guide development of townhomes and rezoning
of 4536 Portage will ensure uses are compatible with existing and proposed residential.
Recommendation
That Council approve the Official Plan and Zoning By-law Amendment application to:
Re-designate 4552 Portage Rd from Industrial to Residential;
Re-zone 4552 Portage Rd from General Industrial (GI), in part, and Institutional (I) in
part to a site specific Residential Low Density Grouped Multiple Dwellings (R4) zone,
subject to regulations outlined in the staff report;
Re-zone 4536 Portage Rd. from GI, in part, and I, in part, to a site specific Light
Industrial (LI) zone, subject to the regulations outlined in the staff report.
6
Council Minutes
December 13, 2016
Daniel Cudizio, a representative from OLEO, the proponent to the north indicated
that the company had submitted a letter requesting that the matter be deferred. His
company wants to ensure appropriate mitigation measures are in place to enable
compatibility between industrial and residential uses, especially in light of their proposed
expansion plans.
Charles Sands, an Althea Street resident, expressed concerns related to
increased traffic on Portage Road. He also asked about the opportunity for the
development to access Stanley Avenue via the railway spur. Staff indicated that the
spur had been purchased by the development to the north.
Paisley Janvary- Pool, an Althea Street resident, indicated there had been little
change regarding the proposal since the public open house more than a year previous.
She expressed concerns that there was only one access into the development and the
need for an alternative exit.
Jennifer Vida, Upper Canada Consultants, on behalf of the applicant, indicated
the area was in transition, with proposed industrial lands vacant and underutilized. She
outlined the modeling done by the proponent, which will lead to various mitigation
measures, including a: berm and coniferous trees to mitigate noise and dust. Ms. Vida
felt that there was ample setback between the development and OLEO and that they
had previously reached out to the company. Finally, she outlined that the separation of
lanes to deal with ingress and egress issues.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni
that the report be deferred so that the developer, OLEO and residents could meet.
Motion Carried
with Councillors Strange and Thomson opposed.
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.
BDD-2016-02 — Former CP Rail Bridge Demolition Agreement
The report recommends that Council authorize staff to extend the current CP Rail
Bridge demolition with CP for an additional five (5) year period — December 31, 2016 to
December 31, 2021.
F-2016-45 — Approval of Interim 2017 Spending Limits
The report recommends that in the absence of an adopted 2017 General Purposes
Budget, City Council approves that City departments be allowed to incur costs to a level
of 50% of the departments expenditure of the prior year.
F-2016-47 — Municipal Accounts, June 11-22, 2016
The report recommends that Council approve the municipal accounts totalling
$4,514,258,99 for the period June 11, 2016 to June 22, 2016.
7
Council Minutes
December 13, 2016
FS-2016-07 — Fire Department Establishing and Regulating By-law
The report recommends that the Establishing and Regulating By-law no. 86-67 be
repealed in its entirety and a new by-law on tonight's agenda be approved.
MW-2016-50 — Niagara Falls Lions Club — Fee for Service Agreement
The report that Council the Fee for Service Agreement with the Niagara Falls Lions Club
be approved.
PBD-2016-61 — AM-2012-002, Zoning By-law Amendment Application, 6015 Barker
Street, Applicant: City of Niagara Falls. Removal of Holding (H) Regulation
The report recommends that Council pass the by-law appearing on tonight's agenda to
lift the holding (H) regulation from the subject lands which are currently zoned GC(H)-
1007.
PBD-2016-62 — Endorsement of the Phase 1 Summary Report Niagara GO Hub
and Transit Stations Study
The report recommends that Council receive the Phase One Summary Report for the
Niagara GO Hub and Transit Stations Study.
PBD-2016-63 - New Windows City Hall — 4310 Queen Street
The report recommends the following:
1. The contract be awarded to Jass Construction at the quotation price submitted of
$734,000 plus nonrefundable H.S.T.
2. That Council amend the original Capital budget sheet for the additional costs and
provide additional funding from the Federal Gas tax reserve.
3 That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
TS-2016-41 — Cattell Drive Speed Control Review
The report recommends that the construction of four (4) speed humps on Cattell Drive
be referred to the 2017 Capital Budget deliberations.
TS-2016-44 — Pattison Industries Extension Agreement
The report recommends the following:
1. That the current lease with Pattison Outdoor Advertising for the provision and
maintenance of bus shelters, together with the installation of advertising be
extended for an additional five (5) years.
2. The Mayor and Clerk be authorized to execute the required agreements.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Craitor
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
Councillors Kerrio and Pietrangelo vacated the Council Chambers.
8
Council Minutes
December 13, 2016
MAYOR'S REPORTS, ANNOUNCEMENTS
The Mayor passed on condolences on the passing of Mary Wilkes, mother of Scott
Wilkes, in the Municipal Works Department.
The Mayor outlined the following recent events: Zonta Club Candle Light Vigil for
activism against gender violence and Niagara District Volunteer Firefighter Association's
Annual Meeting—Station 5.
The Mayor outlined the following upcoming events: Winter Festival of Lights, the New
Year's Eve celebrations, the Canada 150 plans and budget deliberations in early 2017.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Crime Stoppers of Niagara – requesting that the Crime Stoppers flag be flown
during the month of January.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Strange that
the request be approved.
Carried Unanimously
Councillors Kerrio and Pietrangelo returned.
2. Regional Illegal Dumping Working Group – requesting endorsement of a
Memorandum of Understanding with Crime Stoppers.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Campbell, seconded by Councillor Strange that
the request be approved.
Carried Unanimously
3. Canada Summer Games 2021 – requesting staff execute a non-binding
Memorandum of Understanding related to use of two of the municipality's facilities.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Strange, seconded by Councillor Thomson that
the request be approved.
Carried Unanimously
4. Fallsview B.I.A. – requesting that funding be allocated in the 2017 Capital Budget
for municipal contribution to their Gateway Feature project.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that
the request be referred for consideration to the 2017 capital budget discussions.
Carried Unanimously
9
Council Minutes
December 13, 2016
5. Wayne Gates, M.P.P. — requesting that a gravestone be erected to recognize the
Unknown Soldier at Fairview Cemetery.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Strange that
the request be referred to staff.
Carried Unanimously
6. A.M.O. — requesting support on a resolution related to Federal Infrastructure Phase
2 incremental requirements.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell
that the request be approved.
Carried Unanimously
7. Regional Municipality of Niagara — requesting support of a Niagara Regional
Labour Council request calling on the Federal government to institute a
comprehensive ban on asbestos.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange
that the request be approved.
Carried Unanimously
8. City of St. Catharines — requesting support of a resolution calling for sustainable
funding support for Child Advocacy Centres, notably the Kristen French Child
Advocacy Centre.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Craitor, seconded by Councillor Morocco that
the request be approved.
Carried Unanimously
9. City of St. Catharines — requesting support of a resolution to the Premier calling for
an investigation into the Niagara Peninsula Conservation Authority.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor
that Cindy Forster, M.P.P. be permitted to speak to the matter.
Motion Defeated
With Councillors Kerrio, Strange, Morocco, Thomson and Mayor Diodati opposed.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that
the Wainfleet Resolution asking that the NPCA Board consider obtaining an
independent third party audit, such as a value-for-money audit and/or forensic audit,
above and beyond their annual financial audits. to consider obtaining an independent
third party audit, such as a value-for-money audit and/or forensic audit, above and
beyond their annual financial audits.
Motion Carried
with Councillor loannoni opposed
10
Council Minutes
December 13, 2016
10.Peter Merola — correspondence related to ponding issues on his property.
RECOMMENDATION: Refer to Staff for a report.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor
that Peter Merola be permitted to speak.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Campbell that staff prepare a report.
Carried Unanimously
* * * * *
UNFINISHED BUSINESS/ RESOLUTIONS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor
that Niagara Falls City Council indicates that it did not formally commit $10 million under
the FedDev application, as part of a proposed partnership with Ryerson University; and
FURTHER BE IT RESOLVED that any future partnership proposals that require the
commitment of taxpayers' money be debated in an open Council meeting.
Motion Defeated
with Councillors Campbell, Kerrio, Morocco, Pietrangelo, Strange and Thomson
opposed.
* * * * *
RATIFICATION OF "IN CAMERA' MATTERS (NOV. 25 SPECIAL MEETING)
ORDERED on the notion of Councillor Campbell, seconded by Councillor that it
was in the public interest for the city to submit a revised offer for 4343 Morrison Street
and that a previous direction to staff to submit an offer of the asking price, plus $1 be
approved.
Carried Unanimously
* * * * *
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the by-laws be given a first reading.
Carried Unanimously
2016-128 A by-law to amend By-law No. 2013-26 which amended By-law No. 79-
200, to remove the holding symbol (H) on the Lands shown as Part 3 on
Schedule 1, to permit the use of the Lands for parking (AM-2012-002).
2016-129 A by-law to establish and regulate a Fire Department.
2016-130 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.
2016-131 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Prohibited, Limited Parking).
11
Council Minutes
December 13, 2016
2016-132 A by-law to authorize the execution of an Extension of Agreement with Jim
Pattison Industries Ltd., carrying on business as Pattison Outdoor
Advertising, respecting the extension of an Agreement for the provision
and maintenance of bus shelters in Niagara Falls, together with the
installation of advertising thereon.
2016-133 A by-law to authorize the execution of a Fee for Service Agreement with
Lions Club of Niagara Falls (Ontario), Canada Inc.
2016-134 A by-law to authorize the execution of a Fourth Amendment to the
Agreement of Purchase and Sale between the Ontario Lottery and
Gaming Corporation and The Corporation of the City of Niagara Falls, and
The Canada Southern Railway Company and its lessee, CNCP Niagara-
Windsor Partnership and The Niagara River Bridge Company.
2016-135 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
2016-136 A by-law to authorize the payment of$4,514,258.99 for General Purposes.
2016-137 A by -law to hereby authorize the execution of an Ontario Community
Infrastructure Fund (OCIF) Formula-Based Component Agreement (CA)
between Her Majesty the Queen in right of the Province of Ontario, as
represented by the Minister of Agriculture, Food and Rural Affairs and the
Corporation of the City of Niagara Falls.
2016-138 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 13th day of December, 2016.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Campbell that the by-laws be given a second and third reading.
Carried Unanimously
NEW BUSINESS
Boys & Girls Club
ORDERED on the motion of Councillor Craitor, seconded by Councillor Morocco
that Council enter a team into the Boys & Girls Club bonspiel.
Carried Unanimously
Recognition
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that Julianne Miszk be congratulated for winning 4 gold medals.
Carried Unanimously
Transportation Matters
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Campbell that staff review the traffic situation at Optimist Plaza/Morrison, especially the
difficulty of turning left out of the plaza, west of Dorchester Road
Carried Unanimously
12
Council Minutes
December 13, 2016
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that staff find out if the Region has begun the process to connect Hwy #405 to
Concession Road #6.
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Campbell that staff report back on possible traffic measures in the St. James/ St. Peter
area prior to the future re-zoning application in the area.
Carried Unanimously
* * * * *
OREDERED on the motion of Councillor Thomson, seconded by Councillor
Kerrio that the meeting be adjourned at 9:05 p.m.
Carried Unanimously
* * * * *
-9"/AA--
/7Z--
DEAN IORFI A, CITY CLERK JAMES DIODATI, MAYOR
13