01/24/2017 FIRST MEETING
REGULAR COUNCIL MEETING
January 24, 2017
Council met on Tuesday, January 24, 2017 at 4:00 p.m. in a Closed Meeting
related to the items noted in the resolution below. All members of Council were present,
except Councillor Morocco. Council did not rise and report in open Council.
CAMPBELL — DIODATI THEREFORE BE IT RESOLVED that on January 24, 2017 at
4:00 p.m., Niagara Falls City Council will go into a closed meeting, prior to their regularly
scheduled meeting at 5:00 p.m., to consider a matters that fall under s. 239(2)(c), a
proposed disposition of land pertaining to leases at 7150 Montrose Road, and s.
239(2)(d) labour relations.
FURTHER BE IT RESOLVED THAT on January 24, 2017 the City Clerk, Dean lorfida,
delegates his authority for the purposed of the Closed Meeting to the Director of HR,
Trent Dark; and
FURTHER BE IT RESOLVED THAT the Director of HR will record without note or
comment all recommendations to Council emanating from the Closed Meeting; and
FURTHER BE IT RESOLVED THAT the Clerk will resume his duties upon conclusion of
the Closed Meeting agenda.
Council met on Tuesday, January 24, 2016 at 5:40 p.m. for the purpose of
considering Regular Business matters. All members of Council except Councillor
Morocco were present.
Madison Marino sang the National Anthem.
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ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Kerrio that the minutes of the December 13, be approved.
Carried Unanimously
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DISCLOSURE OF PECUNIARY INTERESTS
Councillor loannoni indicated a pecuniary interest with cheque number 400495,
made payable to herself.
Councillor Thomson declared a conflict on report F-2017-06, Niagara Falls
Tourism Request.
Councillor Craitor indicated a pecuniary interest with cheque numbers 399562
and 400447, made payable to himself.
Councillor Kerrio indicated conflicts on reports F-2017-06, Niagara Falls Tourism
Request and PBD-2017-01.
Council Minutes
January 24, 2017
Councillor Pietrangelo indicated a pecuniary interest with a wire transfer and
three cheques to the Niagara Catholic District School Board, his employer.
Mayor Diodati indicated a pecuniary interest with cheque numbers 400047 and
400879, made payable to himself.
PRESENTATIONS
Councillor Pietrangelo Chaired the budget meeting.
Inter-Municipal Transit
Dennis Kar, Associate, Dillon Consulting Ltd., and Gary McNeil, McNeil
Management Services, provided an update on the Inter-Municipal Transit process.
ORDERED on the motion of Councillor Thomson, seconded by Mayor Diodati
that the presentation be referred to staff.
Carried Unanimously
Niagara Falls Tourism
Jon Jackson, Executive Director, of Niagara Falls Tourism provided an over view I
on the strategic plan for his organization.
ORDERED on the motion of Councillor Campbell, seconded by Councillor
Strange that the Mayor arrange a meeting with the tourism stakeholders on the
Destination Marketing Fee (DFM), including the possibility of a break on the fee for local
residents.
Carried Unanimously
-AND-
F-2017-06, Niagara Falls Tourism Request
The report recommends that Council approve the Niagara Falls Tourism request of
$300,000 matching funds from the Ontario Lottery and Gaming Corporation (OLG)
Contribution Agreement.
ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni
that the request be denied.
Councillor Campbell NAYE Councillor Pietrangelo NAYE
Councillor Craitor AYE Councillor Strange NAYE
Councillor loannoni AYE Mayor Diodati NAYE
Councillor Kerrio NAYE
Motion Defeated
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ORDERED on the motion of Councillor Strange, seconded by Mayor Diodati that
the report be approved as recommended.
Councillor Campbell AYE Councillor Pietrangelo AYE
Councillor Craitor NAYE Councillor Strange AYE
Councillor loannoni NAYE Mayor Diodati AYE
Councillor Kerrio AYE
Motion Carried
Councillor Pietrangelo stepped down as Chair.
DEPUTATIONS
Big Brothers Big Sisters Tim Horton's Bowl For Kids' Sake
Jon Braithwaite, Executive Director of Big Brothers Big Sisters, addressed
Council on his organization's annual Bowl for Kid's Sake event and requested a grant
equal to fees associated with an ice rental.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the grant equal to the fees associated with ice rental be granted.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor
that Council sponsor a team in the upcoming annual Bowl for Kid's Sake.
Carried Unanimously
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PLANNING MATTERS 6:30 P.M.
Public Meeting
PBD-2017-01 — AM-2016-020, Zoning By-law Amendment Application
4199 and 4205 River Road and 4214 May Avenue
Applicant: Frank DiCosimo c/o Souvenir City of Niagara Falls Agent
Background
Zoning By-law amendment for 3 parcels
Parcels 1 & 2 are currently zoned site specifically for Souvenir City.
Amendments are requested to allow the expansion of Souvenir City onto Parcel 3.
New site specific TC zone is requested to be placed over all the lands which would
permit the proposed addition, reduce the minimum number of standard parking spaces
in exchange for bus parking spaces, and allow buses to be parked in the front yard
Neighbourhood Open House
Held on November 10, 2016
Three residents had concerns about buses parking in front yard along Elgin Street and
asked if they could be parked elsewhere on-site?
Applicant and agent noted that the buses could not be parked elsewhere.
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Owner agreed to provide a landscape buffer of 15 blue spruce trees along Elgin Ave
and also to erect 'No Idling' signs to ensure that bus engines were turned off once they
had parked.
A landscape plan was prepared by the applicant's agent and circulated to the area
residents and was acceptable to everyone except one resident, who expressed
concerns about the height of the trees obscuring his view of the gorge.
Planning Analysis
Official Plan
Lands designated Tourist Commercial and within Whirlpool Satellite Tourist District.
Intended to function as sightseeing area and provide ancillary commercial uses.
OP allows for variety of tourist commercial uses provided they are developed at a scale
and character compatible with adjacent residential uses.
Proposed addition will match the existing built-form in height and design.
Neighbourhood to west should not be impacted significantly as only change on May
Ave. will be shift of loading area to south next to Regional pumping station.
Zoning By-law
Parking Demand Study prepared by Parson's identified majority of visitors arrives by
tour buses.
Substitution of tour buses for car parking can replace vehicular spaces
50 spaces for cars required whereas 48 spaces shown.
p q p
9 bus parking spaces required whereas 8 spaces are shown.
4 bus spaces for drop-off/pick-up can accommodate shortage of bus parking.
A shortage of 2 car parking spaces may occur at peak times for short duration. WEGO
service also provided.
Front yard bus parking can be mitigated with landscaping.
On-site WEGO stop results in reduction of landscaping on River Rd.
Conclusion
Amendment Recommended
Souvenir City is on lands designated Tourist Commercial within the Whirlpool Satellite
Tourist District.
Development of the existing facility and the addition proposed are at a scale that is
compatible with the adjacent residential area.
Applicant has demonstrated that the project will have adequate parking on-site with a
combination of bus and standard parking spaces.
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Bus parking area at north end of the site will be screened, minimizing impact of exhaust
fumes from buses.
Traffic and pedestrian activity oriented towards River Rd, away from residential area to
the west.
Recommendation
Council approve the Zoning By-law amendment application to allow the construction of
an addition to Souvenir City on the lands known as 4205 River Rd and 4214 May Ave.,
reduce the minimum number of standard parking spaces in exchange for bus parking
spaces, and to allow buses to be parked in the front yard, subject to the condition that
the applicant provides a 3 m. landscape buffer consisting of 15 blue spruce trees
between the parking area and Elgin St.
The Council pass the by-law to deem lots 11-20 (inclusive), Plan 996 to no longer be
within the registered plan of subdivision to permit them to merge in title and become one
parcel; and
That Council pass the amending zoning by-law appearing on tonight's agenda.
Italia Gilberti, Broderick and Partners, agent for the applicant, was in support of
the staff report and recommendations. She advised that bus operators on the site
would be advised to shut off their vehicles while in the parking lot. She also felt that the
concern regarding the height of trees is unfounded as it would take many years for the
trees to mature to the point in which their height would block any views of the gorge.
The Public Meeting was closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
loannoni that the report be approved as recommended.
Carried Unanimously
Public Meeting
PBD-2017-02 — AM-2015-003, Zoning By-law Amendment Application, 4025
Dorchester Road and Part of the Abutting Hydro Corridor to the West of the
subject property.
Applicant: Curtis Gail Developments
Agent: Michael Allen, ACK Architects
Proposal: Reduction of the Landscape requirements to allow for a service
delivery access and to increase the parking spaces on the parking zone to allow
for staff parking in the Hydro One Leased Lands.
Background
Applicant has requested several amendments to Zoning By-law 79-200 for the Munroe
Plaza at 4025 Dorchester Road and a portion of the Hydro One lands that abut the
plaza to the west.
Applicant has removed a portion of the required landscaping between Building "C" and
residential properties to the west and created an asphalt delivery lane. Applicant has
also constructed an asphalt staff parking lot on the Hydro One lands.
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January 24, 2017
Plaza is zoned Neighbourhood Commercial (NC) with site specific landscaping
regulations requiring 20% of the site to be landscaped and to have landscaping
between the building and the westerly and southerly property lines.
Applicant is requesting the landscaping requirements to be reduced to 18% to recognize
the removal of landscaping and the creation of an asphalt delivery lane at the back of
Building "C".
Planning Analysis
Official Plan
OP policies allow for a minor rounding out of commercial areas if the economic viability
of the commercial area is enhanced, internal circulation is improved and landscaping is
increased.
Similarly, the inclusion of part of the Hydro corridor for parking purposes satisfy the
policies since the parking will improve the overall viability and functionality of the plaza
operations.
Removal of the landscaping between Building "C" and the residential properties and the
construction of a delivery lane has resulted in a nuisance to abutting residents as trucks
back up or down the lane, idling and loading and unloading. Additional plantings and
signage could assist in buffering the neighbouring dwellings.
Zoning By-law
Subject property is zoned NC with site specific regulations that permit the 10,440 sq. m
commercial plaza with larger building setbacks and appropriate landscaping.
The regulations to require larger landscaping strips along the south and west sides of
Building C was done to separate commercial activities from residential uses.
In 1992, Council changed the zoning of approximately 250 sq. m of Hydro corridor lands
to Parking (P-318) to allow for 8 surplus parking spaces in the northwest corner of the
plaza.
Applicant is now requesting the site specific zone to be extended over an additional 500
sq. m of the corridor to recognize a staff parking area that is surplus to required parking.
Site Plan Control
City has a registered site plan agreement with the owner Munroe Plaza which
addresses landscaping, driveways, parking areas, refuse locations and other items.
Modifications to the site design can help mitigate the impacts of the requested zoning
changes on the property of the adjacent resident.
Staff has met numerous times over the last 18 months with applicant and neighbour in
an attempt to resolve the neighbour's concerns. The following improvements have
been offered by the applicant:
Relocation of garbage dumpster;
Installing collapsible or removable bollards/chain at the access of the delivery lane
behind Building "C" would restrict/limit access to the lane;
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January 24, 2017
Removal of 2 parking spaces on the plaza site beside Mr. DiCarlo's property by painting
lines on the asphalt and erecting no parking/idling signs;
Installing signage on the south side of the new parking area on the Hydro lands
indicating that it is to be for staff only and no idling signs on the north side of the parking
lot; and,
The planting of cedar trees in appropriate locations next to the neighbour's fence to help
screen /buffer the residential property.
Conclusion
In 2015, Curtis Gale Development applied to amend the zoning of the Munroe Plaza
and part of the Hydro corridor located at the intersection of Thorold Stone Rd and
Dorchester Rd.
A public meeting was held on May 26, 2015 where some concerns were raised by the
neighbour to the west.
Council deferred the application to allow staff to meet with the applicant and the
adjacent neighbour to resolve the concerns.
Staff has met over the last 18 months to resolve the various issues.
At the most recent meeting in November 2016, the applicant offered to make the site
improvements outlined in this presentation.
Staff is of the opinion that these improvements will reduce the impact of the removal of
some landscaped area, creation of a delivery lane behind the plaza and creation of a
parking lot on the hydro lands should be made conditions of approval to the requested
zoning by-law amendment.
Recommendation
That Council approve the Zoning By-law amendment application to recognize the
reduction of landscaped space, provision of an asphalt delivery lane behind Building "C"
and to provide for a parking area, as established, on lands leased from Ontario Hydro,
subject to the Site Plan Improvements outlined in the Staff report PBD-2017-02.
That the site improvements be implemented through the Site Plan Amendment process;
and,
That the amending by-law not be presented to Council for adoption until an amended
Site Plan Agreement is signed by the applicant, in order to guarantee the provision of
the improvements offered.
Mike Mannella, son-in-law, representing Mr. DiCarlo expressed his frustration
that the original site plan was not abided by and that the owner proceeded with various
changes without approval.
Michael Allen, agent for the applicant, indicated that although the owner may
have proceeded without approval, he had been involved in meetings with the neighbour
that lead to some of the changes. The owner had arranged a lease of Hydro lands but
did not realize that a rezoning was also necessary. Upon consultation with the owner,
Mr. Allen agreed to additional measures.
The Public Meeting was closed.
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ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the application be report be approved, as recommended, with an amendment that
the site improvements in recommendation #2 also include permanent bollards and
physically blocking the current parking sports adjacent to the east side of the
neighbour's fence.
Carried Unanimously
Councillor Pietrangelo resume chair of the budget meeting at 8:10 p.m.
BUDGET MATTERS
The Director of Finance and various operational department Directors provided an
overview of the Operating Budget.
Councillor Campbell vacated Council Chambers.
ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni
that staff look at best practices for budget presentations, including the telephone town
hall done in St, Catharines, in anticipation of the 2018 budget process
Carried Unanimously
Councillor Campbell returned.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Campbell that an external third party be engaged to review the timing for a new fire
station, looking at staffing levels and response times in comparison with comparable
municipalities.
Motion Carried
with Councillor loannoni opposed.
CAO-2017-01 — Update on 4343 Morrison Street
The report recommends the following:
1. Council authorize up to $300,000 for engineering/ architectural work necessary to
identify renovation requirements and costs for 4343 Morrison Street, through a direct
appointment.
2. The costs for renovating the building be referred to the 2017 Capital budget.
MW-2017-01 — Municipal Works — 2017 Staffing Needs
The report recommends that City Council refer the request for an additional crew and
related equipment to the 2017 General Purposes and Capital Budget deliberations.
R&C-2017-01 — Outdoor Pool Review
The report recommends the following:
1. That City Council refer the recommended capital repairs, $650,000 to the 2017
capital budget process. And that staff continue to monitor the attendance, capital
and operating costs for the summer pool operation to determine the number of pools
to maintain.
2. That City Council refer the recommended outdoor pool service enhancements,
$18,725 to the 2017 operating budget deliberations. Proposed enhancements
include, opening one pool early for the weekend of June 24 & 25, extend afternoon
public swim to 4:30 pm and implement a new morning public swim at one pool
facility.
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R&C-2017-03 — Culture Plan 2017 Implementation
The report recommends the following:
1. Refer the following recommendations to the 2017 Operating and Capital budget
deliberations.
2. Include a part-time (24 hour) position of Cultural Program Assistant
($32,735/year).
3. Increase the Niagara Falls Cultural Development Fund to $50,000/year.
4. Allocate $2,000 to create and Public Art maintenance budget ($1000) and
develop public art acquisition budget ($1000).
5. Provide funding for a feasibility study to explore the requirements of a Cultural
Hub ($100,000 requested in Capital Budget).
6. Create a Canada 150 Heritage Tourism Mobile App that will complement the
summer exhibition "Pieces of Canada" ($47,779).
TS-2017-05 — 2017 Transportation Services Departmental Budget Proposed
Changes
The report recommends that 2017 Transportation Services Department Operations
Budget proposed changes, outlined in this report, be referred to Budget deliberations.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that
the reports on the Budget Agenda be approved as recommended.
Carried Unanimously
TS-2017-04 — WEGO Purple Line Review Update
The report recommends the following:
1. That Council approve the elimination of the WEGO Purple line and the re-alignment
of the WEGO Green Line to service the VIA/GO train station hub and the Downtown.
2. That staff reconcile this revision in the 5 year update to the operating agreement with
the Niagara Parks Commission (NPC) currently underway.
ORDERED on the motion of Mayor Diodati, seconded by Councillor Craitor that
the report be approved as recommended.
Motion Carried
with Councillor loannoni opposed.
Councillor Pietrangelo stepped down as Chair 9:35 p.m.
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January 24, 2017
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-2017-01 — Monthly Tax Receivables Report - November
The report recommends that Council receive the Monthly Tax Receivables report for
information purposes.
F-2017-02 — Monthly Tax Receivables Report— December
The report recommends that Council receive the Monthly Tax Receivables report for
information purposes.
F-2017-03 — 2017 Interim Tax Levy
The report recommends that Council approve the 2017 Interim Tax Levy calculation and
by-law providing for the 2017 Interim Tax Levy.
F-2017-04 - Municipal Accounts
The report recommends that Council approve the municipal accounts totaling
$37,395,798 for the period November 5, 2016 to January 5, 2017.
PBD-2017-03 — Matters Arising from Municipal Heritage Committee Request for
Heritage Designation Spence Sherriff House, 5993 Barker Street
The report recommends that Council direct staff to issue a Notice of Intention to
Designate for the property at 5993 Barker Street, Niagara Falls under Part IV of the
Ontario Heritage Act, R.S.O. 1990, c.O.18.
TS-2017-01 — Dorchester Road at Oldfield Road Intersection Control Review
The report recommends that the stop sign facing westbound motorists on Oldfield Road
at Dorchester Road is relocated to face southbound motorists on Dorchester Road at
Oldfield Road.
TS-2017-02 — Frederica Street Parking Review
The report recommends that the "no parking" zone on both sides of Frederica Street
between Prince Edward Boulevard and Glenholme Avenue be removed.
TS-2017-03 — Posted Speed Limits & Traffic Safety Programs
The report is recommended for the information of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
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January 24, 2017
Councillor Pietrangelo vacated Council Chambers.
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati offered condolences to the families of Thomas Oleksuik, brother of
retired firefighter Al Oleksuik, Linda Rapley, mother of David Rapley of Fire Services,
Dean Wilson, father of Stephanie Zwiep of Fire Services, Anna Lynch, mother of Paul
Langlois of Fire Services, Lily Greenspan, mother of Ned Greenspan of the
Transportation department, Betty Ann-Waters, mother of Ron and Don Waters, who
work in By-law and Transportation departments, Abigail Rose Neudorf, granddaughter
of Beth Sheppard of Finance Dept. and David Weaver a former volunteer firefighter.
Mayor Diodati advised of upcoming events: State of the City Niagara Falls Chamber of
Commerce luncheon, Canada 150 launch and Sports Wall of Fame Induction
ceremony.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Strange that staff report back on a plan to revitalize community spaces.
Carried Unanimously
* * * * *
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Niagara Region Chapter of the Canadian Council of the Blind (CCB) —
requesting the week February 5th to 11th be proclaimed as "White Cane Week".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Strange
that the request be approved.
Carried Unanimously
2. National Eating Disorder Information Centre - requesting the week February
1st to 7th be proclaimed as "Eating Disorder Awareness Week".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor
that the request be approved as recommended.
Carried Unanimously
3. Project SHARE — requesting council enter a team in their Coldest Night of the
Year event.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio
that Council enter a team in the event.
Carried Unanimously
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BY-LAWS
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the by-laws be given a first reading.
Carried Unanimously
2017-01 A by-law to amend By-law Nos. 79-200 and 2008-13, to allow the existing
building on the Lands to be used as a 10 unit apartment building and to
repeal By-law No. 2011-92 (AM-2016-012).
2017-02 A by-law to provide for the adoption of Amendment No. 123 to the City of
Niagara Falls Official Plan (AM-2016-017).
2017-03 A by-law to amend By-law No. 79-200, to regulate the Warren Woods
Estates Phase 4, Stage 2 plan of subdivision on the Lands, to rezone the
area north of the subdivision EPA and OS and to place a holding provision
on the LI zoned land to the east of the subdivision (AM-2016-017).
2017-04 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.
2017-05 A by-law to designate Lots 11-20 (inclusive), Plan 996 to be deemed not
to be within a registered plan of subdivision (AM-2016-020).
2017-06 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking Prohibited, Standing).
2017-07 A by-law to authorize the execution of an Amending Agreement with
Ontario Power Generation Inc., respecting the use of additional lands for a
recreational trail.
2017-08 A by-law to provide an interim levy of realty taxes.
2017-09 A by-law to amend by-law 2015-33, being a by-law to provide for citizen
appointments to certain Committees and Boards.
2017-10 A by-law to provide for appointments to certain Boards, Commissions and
Committees.
2017-11 A by-law to hereby authorize the Mayor and Treasurer to execute a Letter
of Agreement between Her Majesty the Queen in right of the Province of
Ontario, represented by the Minister of Transportation for the Province of
Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality")
Related to Funding Provided by the Province of Ontario (the "Province") to
the Municipality under the Dedicated Gas Tax Funds for Public
Transportation Program.
2017-12 A by-law to amend By-law No. 79-200, to permit the expansion of an
existing tourist commercial complex and to repeal By-law No. 2005-170
(AM-2016-020).
2017-13 A by-law to authorize the payment of $37,395,798.33 for General
Purposes.
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January 24, 2017
2017-14 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 24th day of January, 2017.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Strange
that the by-laws be given a second and third reading.
Carried Unanimously
Councillor Pietrangelo returned to Chambers.
* * * * *
NEW BUSINESS
Former Stamford Township
ORDERED on the motion of Councillor Craitor, seconded by Councillor
Pietrangelo that staff come back with a report on the appropriate recognition of the
former Stamford Township.
Carried Unanimously
* * * * *
OREDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the meeting be adjourned at 9:55 p.m.
Carried Unanimously
* * * * *
)4a/1'A-- ,
DEAN IORFI A, C TY CLERK JAMES DIODATI, MAYOR
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