2007/04/02Committee Room 2
April 2, 2007
RESOLUTION NO. 9 PIETRANGELO MAVES that on April 2, 2007, Niagara Falls
Council will go into a closed meeting to consider subject matters that fall under s. 239(2)
of the Municipal Act, 2001.
Council met on Monday, April 2, 2007 at 6:30 p.m. in an In Camera Session. All
members of Council were present. Councillor Pietrangelo presided as Chairman.
Following consideration of the items presented, the In Camera Session did not arise
in open session.
SEVENTH MEETING
IN CAMERA MEETING
DEAN IORF ►A, CI`rY CLERK R.T. (TED) SALCI,. MAYOR
REGULAR COUNCIL MEETING
Council Chambers
April 2, 2007
Council met on Monday, April 2, 2007 at 7:00 p.m. for the purpose of considering
Regulars Business matters. All members of Council were present. Councillor Maves
offered the Opening Prayer.
Following the Opening Prayer, Alexandria Della Marca sang the National Anthem.
ADOPTION OF MINUTES
ORDERED on the motion of Councillor Fisher seconded by Councillor Diodati that
the minutes of March 19, 2007 be approved as printed. Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor loannoni indicated a pecuniary interest to cheque 309267 payable to
herself.
Councillor Kerrio indicated a conflict of interest to PD 2007 19 as he has an interest
in the company making the application.
Councillor Maves indicated a pecuniary interest to cheque 309076 payable to his
place of employment
Mayor Salci indicated a pecuniary interest to cheque 309141 payable to himself and
a conflict of interest regarding the Rotary Club of Niagara Falls Sunrise Resolution, as he
is a member.
Project S.H.A.R.E.
Diane Corkum presented awards to the restaurants that participated in the Chilli
Cook -Off. The Fallsview Casino awarded best overall presentation; the Keg Courtyard
awarded the chilli with the best bite; Chip 'n Charlies awarded the best chef
presentation /uniform, Edgewater, Niagara Parks Commission, awarded best secret
ingredient; The Capri Restaurant awarded the tastiest chilli.
Niagara Falls Family Literacy Event
Renni Piscitelli, Niagara Falls Library Board member along with Inge Saczkowski,
Manager of Children's Services Niagara Falls Public Library, addressed Council on the
upcoming 4th Annual event to promote literacy, which is being held on Saturday April 14th
at the MacBain Community Centre.
Learning in Action
DEPUTATIONS/ PRESENTATIONS
April 2, 2007
Council Minutes
Sam Shad, Vice Principal and Melissa Daike of James Morden Elementary School,
representing the District School Board of Niagara made a presentation to recognize April
as Education Month.
ORDERED on the motion of Councillor Maves, seconded by Councillor Pietrangelo
that April be recognized as Education Month.
Carried Unanimously
PLANNING MATTERS
PD- 2007 -19- Chief Administrative Officer Official Plan Zoning By-law Amendment
AM- 24/2005, Northwest of the Portage Road and Stanley. Avenue Intersection,
Applicant: 1251600 Ontario Limited, Agent: Richard Brady, Urban and Environmental
Management; Proposed Multiple Residential and Prestige Industrial Development
REGIONAL POLICY PLAN AMENDMENT
Applicant has requested an urban boundary expansion to accommodate Part 1 of
the proposed development.
A discrepancy exists in urban boundary as defined by the City, Region and NEC
which is being reconciled through this application.
OFFICIAL PLAN
Designated in part, NEC, Industrial Open Space
Subject land is proposed to be redesignated Residential and Industrial
Applications to amend the Official Plan are required to meet a number of criteria.
The proposed multiple family residential project is appropriately located at the
intersection of two arterial roads.
Proposed density conforms with Official Plan policies.
Height exceeds guidelines, however, well separated from existing low rise
residential uses.
As a further improvement, staff recommends that the apartment building be
moved to the north side of Part 1 and the townhouses be moved to the south
side of Part 1.
RECOMMENDATION
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Council Minutes
Site Suitability and Compatibility
Proposed multiple family component of the project is well separated from
existing residences and industrial operations.
To ensure compati bility with the adjacent quarry, a hold symbol will be
implemented in the zoning bylaw until quarry operations terminate and
rehabilitation of site has been completed.
Increased setbacks will be required to ensure compatibility with the adjacent rail
line.
Need for proposed use
While housing inventory exceeds Provincial requirements, there is little land
available in northern portion of the City for new multiple residential
development.
Availability of Municipal Services
Municipal services have capacity.
Traffic study recommends various improvements.
Housing proposed is higher end -will have a positive impact on residential tax base.
ZONING
Subject lands zoned Extractive Industrial
Requested site specific R5D zone be applied to Part 1, R4 applied to Part 2 and
Prestige Industrial applied to Part 3.
Holding zone can be lifted:
once mining pits are closed rehabilitated;
stormwater management facilities are provided;
railway noise mitigation measures are provided; and
an agreement is executed between Hydro One, City Region regarding a
driveway from Mountain Road
Cytec's concerns regarding their rights to cross the subject land should be dealt
with prior to the passage of the amending bylaw.
CONCLUSION
The requested amendment to the Official Plan to redesignate the lands to
Residential and Industrial can be supported for the following reasons:
The adjustment in the urban boundary is minor in nature and will reconcile the
urban boundary with the Niagara Escarpment Commission control boundary.
The proposed residential uses are in conformity with the Official Plan criteria for
considering land use changes, will be compatible with adjacent uses subject to
holding provisions in the implementing by -law.
The prestige industrial development will enhance a gateway into the City and
will be more compatible with nearby residential uses.
1. That Council endorse the concurrent Regional Policy Plan Amendment No. 7 -2005
to reconcile the urban boundary to accommodate the requested development, and
direct staff to advise the Region accordingly.
2. That Council approve the Official Plan and Zoning Bylaw Amendment application
to develop a multiple residential and prestige industrial development on the
property, subject to the following:
a) The implementation of a hold symbol in the amending bylaw to ensure that
the compatibility, noise and servicing matters outlined in this report are
addressed before the lands are developed.
b) Relocating the apartment dwellings to the north side of Part 1
3. That passage of the amending bylaw not occur until Cytec Canada's concerns
respecting a right of way across the land have been addressed.
James Webb, Webb Planning Consultants Inc, was present representing Modem
Corporation on Fruitbelt Parkway who are opposed to the application with respect to Part
2. Based on the information Modern Corporation feels the application would permit
introduction of sensitive land uses in close proximity to existing industrial uses which raise
concern of potential land use conflicts and may further restrict the ability of the existing
uses to continue and possibly expand their operations within the context of the current
municipal land use planning framework. He indicated that the significant truck traffic from
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Council Minutes
their operation would have adverse effects on residential properties nearby. Mr. Webb felt
that the applicant had not met the onus to mitigate potential effects and that if approved
the residential development would negatively affect industrial employment lands currently
present on Fruitbelt Parkway.
In response to questions, the Director of Planning indicated that a thorough analysis
of separation distances had occurred. Although a comprehensive review is necessary for
urban boundary expansion, this expansion is only 10 acres and such minor expansions are
permitted, especially since this will reconcile the current discre pancy in the urban
boundary. The Director recognized that the uses are prone to conflict, that is why the
Holding designation is being put in place until the quarry operation ceases. Also, further
mitigation measures will be looked at for Part 3.
Richard Brady, Urban Environmental Management, was present on the behalf of
the applicant. Mr. Brady gave an overview of the application, how the complex issues had
been vetted with the City, Region and Province and explained how issues with respect to
the holding symbol have been addressed. The residential area to the north, Morning Glory
Drive, has been used as the separation line. In staffs recommendation report #2a with
respect to the holding symbol addresses Mr. Webb's issues. With respect to #2b the
design works well and allows both the townhouses and apartments to have a view of the
golf course but if you were to relocate the apartment dwellings it doesn't allow the
townhouses to have a view and this is an important consideration. Planning staff has
concerns on the setbacks of the apartments which has been addressed and no further
setback would be necessary. As for the issue regarding shadowing the applicant
understands there will be shadowing in the winter months but doesn't feel it is as great of
a concern. The applicant feels that #2b in staffs recommendation should be removed from
the report. Also, #3 in staff's report regarding the by -law is not a Planning issue but a legal
one between two private players. The applicant's solicitor will be contacting Cytec for a
specific response to the right -of -way and ask that staff prepare the by -law and bring it to
Council as soon as practical.
The public meeting was closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
1. That Council endorse the concurrent Regional Policy Plan Amendment No. 7 -2005
to reconcile the urban boundary to accommodate the requested development, and
direct staff to advise the Region accordingly.
2. That Council approve the Official Plan and Zoning Bylaw Amendment application to
develop a multiple residential and prestige industrial development on the property,
subject to the following:
PD- 2007 -21- Chief Administrative Officer Zoning By -law Amendment AM- 01/2007,
3516 Marshall Road, Applicant: David Hall; Proposed Used Car Sales Lot
BACKGROUND
a) The implementation of a hold symbol in the amending bylaw to ensure that
the compatibility, noise and servicing matters outlined in this report are
addressed before the lands are developed.
Carried Unanimously
Applicant is requesting an amendment to the zoning bylaw to permit an
independently run used car sales lot on the subject property.
A legal non conforming auto salvage yard currently exists on the site.
Used car sales are only permitted if they are ancillary to the salvage yard operation.
An independent sales operation requires a rezoning.
Up to 10 automobiles will be on display or in stock at any given time.
PLANNING ANALYSIS
Official Plan
5 April 2, 2007
Council Minutes
Designated Good General Agriculture
Permitting a new commercial use is not supported by the OP, unless directly related
to agriculture.
However, temporary uses may be permitted where they comply with OP criteria:
The used car sales operation would not entail major construction or investment;
The used car sales lot would not be incompatible with the adjacent lands;
No impacts on traffic circulation, parking or servicing are anticipated.
Zoning
Zoned Rural
The proposed temporary use bylaw would site specifically permit a used car sales
lot on the property for a 3 year period.
The bylaw would regulate the following:
The maximum area for the display and storage of vehicles for sale
Prohibit automobile repair and servicing;
Require a 3 m. (10 ft) wide landscape strip between the parking lot and
Marshall Rd. except for driveways; and
Permit 1 wall sign only for the used car sales lot and prohibit any ground signs,
portable signs, flags and streamers for the use.
At the end of the 3 year period Council can consider extending the use should the
applicant wish to continue the operation at this location.
Conclusion
The requested used car sales lot complies with the Official Plan with respect to
temporary uses and therefore can be permitted for a period of 3 years.
The amending by -law will contain regulations to limit the size of the use and
regulated related signage, as well as requiring landscaping along Marshall Road,
to ensure the use is compatible with surrounding uses.
Recommendation
That Council approve the requested Zoning Bylaw amendment application to permit a
used car sales lot in conjunction with the non conforming auto salvage facility, through a
temporary use bylaw.
There was no one in the gallery who indicated an interest in the matter. As a result,
the public meeting was closed.
ORDERED on the motion of Councillor Fisher, seconded by Councillor Diodati that
the report be approved as recommended.
Councillor loannoni left the meeting 8:45 p.m
Official Plan
Carried Unanimously
PD- 2007 -20- Chief Administrative Officer Zoning By -law AmendmentAM 0212007,
14360 Montrose Road, Applicant: Bill Nitransky; Proposed Cottage Rental Dwelling
Designated Good General Agriculture
Intended for agriculture, forestry and conservation.
B Bs may be permitted where appropriate
Planning Concerns:
A cottage rental dwelling housing 30 persons is more akin to a commercial Inn
than a typical B B
Zoning
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Council Minutes
Cottage Rental dwellings should be directed to the City's urban area in close
proximity to tourist areas.
The proposal does not `fit in' with agricultural land uses.
The proposal does not meet minimum setback requirements from livestock
operations as prescribed by the Ministry of Agriculture, Food and Rural Affairs.
The property is zoned Rural.
Land uses are restricted to rural residences and agriculture.
A cottage rental dwelling with 30 person occupancy is not consistent with these
uses.
Should Council consider approving this application, building permit and property
standard issues should first be corrected.
Conclusion
The requested cottage rental dwelling cannot be supported for the following
reasons:
It does not conform to the OP with respect to appropriate land uses.
It does not appear to comply with Provincial regulations with respect to
setbacks from livestock operations.
The high occupancy of the proposed use may be disruptive to surrounding
properties.
This use would be more appropriately located on a property close to tourist
commercial facilities.
Recommendation
It is recommended that:
Council deny the requested Zoning Bylaw amendment application to permit the
existing dwelling to be used as a cottage rental dwelling.
Fred Greenwood, 14288 Montrose Road, was present in favour of the application.
He indicated that the property had improved since Mr. Nitransky purchased it.
It was confirmed that the poultry operation at 7710 Ridge Road had ceased.
The applicant, Mr. Bill Nitransky, 13001 Niagara Parkway, was present at the
meeting. Mr. Nitransky indicated that the property offered a different cultural experience
to tourists, as large groups could stay in a peaceful natural setting. He indicated that the
property has been used for charitable operations such as Wellspring Niagara and Cottage
Dreams. Mr. Nitransky advised Council that he is aware of the outstanding fi nal inspection
of the steel frame structure and has made arrangements to have it removed, he will be
removing the derelict cars and debris in the next 30 days and will be investing $35,000 to
replace the septic system.
The public meeting was closed.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the report be approved conditional on:
1. The Septic System requirements being met;
2. All Building and Fire Code requirements being met; and
3. A Warning Clause being registered on title of potential noise or odour impacts from
nearby agricultural operations.
Carried Unanimously
MAYOR'S REPORTS. ANNOUNCEMENT
Mayor Salci expressed condolences to Councillor Bart Maves, and City employees
Karen Kitney and Paul Campigotto, who recently lost family members.
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Council Minutes
Congratulations to City Employee, Rob McDonald and his wife Tamara, who
recently welcomed their son, Cameron.
Mayor Salci had the opportunity to meet with Premier Dalton McGunity, MinisterJim
Bradley and members of the Niagara Falls Convention Centre to share some of the plans
and details of the project. A letter was received from Minister Jim Bradley, Minister of
Tourism, officially notifying us of the Provincial Government's commitment to our Niagara
Falls Convention Centre in the amount of $35 million through a recent provincial budget.
An electronic transmission of $17.5 million has already been transferred to the City's bank
account.
Mayor Salci requested Council to pass a motion thanking the Provincial Government
for their support and commitment to the Niagara Falls Convention Centre.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that a letter be sent to the Provincial Government thanking them for their support and
commitment to the Niagara Falls Convention Centre.
Carried Unanimously
As a result of the recent Provincial Budget a cheque in the amount of $621,660.94
was received from Minister Donna Cansfield, Ministry of Transportation, representing an
unconditional grant to support improvements to our public transit in the City of Niagara
Falls.
Superintendent Brian Eckhardt, Niagara Regional Police, has been reassigned to
duties at the NRP headquarters in St. Catharines. Superintendent Robert Wright and
Inspector Brent Symonds will oversee operations in Niagara Falls.
Mayor Salci outlined recent events: the United Way AGM and Awards night, where
City Hall received a bronze award for its 2006 efforts, and the Mayor's Youth Advisory 2
Annual Film Festival.
Mayor Salci took the opportunity to thank Alex Herlovitch, Deputy Director of
Planning and Development, for his commitment to our Public Library. Alex will be entering
a marathon along the Great Wall of China and all monies raised will be donated to the
Children's Summer Reading Program at the four Niagara Fall Public Library locations.
The Mayor's 34th Annual Mayor's Prayer Breakfast is being held on Wednesday,
April 4 6:00 a.m at the American Restaurant. This year's guest speaker is Chuck Winter
of the Toronto Argonauts.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Parkinson Society Canada Request to Proclaim April as "Parkinson's Disease
Awareness Month
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the communication be approved. Carried Unanimously
2. Child Find Ontario Request to Proclaim May 25, 2007 as Nations Missing
Children's Day.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the communication be approved.
Carried Unanimously
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Council Minutes
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Councillor Wing seconded by Councillor Fisher that the
recommendations from the Community Services Committee, on April 2, 2007 be approved.
Carried Unanimously
The following items are to be ratified from tonight's meeting of the Community Services
Committee:
1) The minutes of the February 19, 2007 March 19, 2007 meetings be approved.
2) That the report dealing with the road occupancy permit be deferred.
3) That Council deny the sign by -law variance for 5772 Stanley Avenue.
Councillor Wing acted as Chair for the consideration of the Resolution.
RESOLUTIONS
NO. 10 THOMSON FISHER that the Rotary Club of Niagara Falls Sunrise Ribfest is a
community event deserving of City Council support.
Carried Unanimously
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- 2007 -15 Municipal Accounts It is recommended that Council approve the municipal
accounts totaling $32,065,315.88 for the period February 21, 2007 to March 20, 2007.
FS- 2007 -01 Use of Enhanced 911 Information for Community Notification Services
For the information of Council.
MW- 2007 -25 2007 Asphalt Overlay Phase #1 It is recommended that the unit prices
submitted by the lowest tenderer Circle P. Paving be accepted and; that pre approval be
granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City
Clerk be authorized to execute the necessary agreement.
MW- 2007 -26 Tender #2007 134 -03 Garner Road Sanitary Extension McGarry Drive
to McLeod Road It is recommended that the unit prices submitted by the lowest tenderer
Alfred Beam Excavating Inc. be accepted and; that pre- approval be granted for the
contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be
authorized to execute the necessary agreement.
MW- 2007 -32 Dorchester Road Reconstruction Property Purchases It is
recommended that City Council authorize staff and /or its agent to proceed with the
negotiations to purchase the properties required for the reconstruction of Dorchester road
from the CNR to Morrison Street and that any administrative costs associated with the
acquisition of the property be funded from the Dorchester Road Reconstruction Capital
Account.
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Council Minutes
R- 2007 -06 Baden Powell Park Tall Prairie Grass Regeneration Program It is
recommended that City Council receive the information on the Tall Prairie Grass
Regeneration Program at Baden Powell Park as part of the ongoing ecological restoration
of the park.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the reports be approved.
Carried Unanimously
BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher
that the by -laws be given a first reading.
Carried
with Councillor Thomson opposed to By -law 2007 -67.
2007 -67 A by -law to authorize the execution of a Consulting Agreement with Meridian
Planning Consultants Inc., respecting the preparation of a Growth
Management Strategy and Official Plan Review
2007 -68 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
2007 -69 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
2007 -70 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Parking Prohibited, Stopping Prohibited)
2007 -71 A by -law to authorize the execution of an Agreement with Draftcon Calamar
Corp., respecting Phase 1 of the landscape development of the MacBain
Community Centre Park
2007 -72 A by -law to appoint the Fire Chief for the City of Niagara Falls
2007 -73 A by -law to authorize the execution of an Encroachment Agreement dated
October 24, 2005, between Migdalos Investments Limited and The
Corporation of the City of Niagara Falls, for the purpose of permitting
encroachments onto the Drummond Road road allowance
2007 -74 A by -law to amend By -law No. 2007 -49, being a to provide for Council
member appointments to certain Boards, Commissions and Committees
2007 -75 The Mayor and Treasurer are hereby authorized to execute this 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 Ontario Bus Replacement Program as in
Schedule "A" attached hereto
2007 -76 A by -law to authorize the payment of $32,065,315.88 for General Purposes
2007 -77 A by -law to adopt, ratify'and confirm the actions of City Council at its meeting
held on the 2 day of April, 2007
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by -laws be read a second and third time and passed. Councillor Thomson
opposed to By law 2007 67.
Carried
Apology
Councillor Fisher formally apologized to John MacDonald for a comment made at
the March 19` Corporate Services Meeting.
A.N. Myer 50 Anniversay
Councillor Diodati reminded Council of the upcoming reunion April 27, 28 29,
2007.
Stamford Hiah School 150 Anniversary
Councillor Kerrio reminded Council of the upcoming reunion on May 10 -13, 2007.
People Mover
In response to Councillor Thomson it was indicated that staff has been in contact
with the Federal government to ensure that the $25 million SuperFund monies are still
available for the project and that a staff report on the status of the project is coming in the
future.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the meeting be adjourned at 9:20 p.m.
Carried Unanimously
DEAN IORIxIDA! CITY CLERK
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Council Minutes
NEW BUSINESS
R.T. (TED) SALCI, MAYOR