2010/07/19Council met on Monday, July 19, 2010 at 5:30 p.m. in an In Camera Session. All
members of Council except Councillor Wing were present. Councillor Thomson presided
as Chairman.
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
DEAN IORFIDA,JCITY CLERK
ELEVENTH MEETING
IN CAMERA MEETING
REGULAR COUNCIL MEETING
Committee Room 2
July 19, 2010
R.T. (TED) SALCI, MAYOR
Council met on Monday, July 19, 2009 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council except Councillor Wing were present.
Emma Montagano sang the National Anthem. Councillor Maves offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the minutes of June 28, 2010 be approved as amended.
Councillors Thomson, Fisher and loannoni were opposed to By -law 2010 -91.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Thomson indicated a conflict with report PD- 2010 -55, and By -laws 2010-
100 and 2010 -103.
Councillor Maves indicated a conflict with report MW- 2010 -50.
Councillor Pietrangelo indicated a conflict to a wire transfer made to the Niagara
Catholic District School Board, his employer.
Mayor Salci indicated a pecuniary interest to cheque no. 338048, made payable to
himself.
Girls Soccer Club OFSAA Champions
2 July 19, 2010
Council Minutes
DEPUTATIONS /PRESENTATIONS
Mayor Salci congratulated the members of the Saint Paul Patriots Varsity Girls
Soccer team for winning the AAA Ontario Federation of School Athletic Associations
Champions and presented them with plaques.
The Team:
(Graduating Team members) Kristen Baldinelli, Alex Pasco, Kara Young, Lisa Fossey, Ann
Stranges, Lindsey Gilliss -Lapp, Victoria Vaccarrio, Lauren Kafal, Sara Vitaterna.
(Returning Team Members) Ally Baldassaro, Krista Lopoyda, Alicia Pappaianni, Katie
Casucci, Alexa Maccarone, Krystina Ruml, Taylor Girhney, Madelyn Morgan, Sydney
Santin, Brittney Haanapel, Tanya Paladino.
Coaches: Stephen Abbruscato (Head Coach), Dina DiCarlo- MacLean and Alyssa Dagg
(Assistant Coaches)
Niagara Health Coalition
Sue Hotte, Co- Chair, Niagara Health Coalition made a brief presentation to Council
on the Ontario Health Coalition's report of May 17, 2010, Towards Access and Equality.
Ms. Hotte addressed concerns regarding the Niagara Region and asked that Council
support having an investigator look into the Niagara Health System.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
request that Council reconfirm its position that the provincial government be requested to
appoint an investigator to look into the complaints and issues surrounding the Niagara
Health System.
PLANNING MATTERS
PD- 2010 -60 - 26T -11- 2010 -02 & AM-2009-002, Zoning By-Iaw Amendment Application.
Deerfield Estates Phase 9 Draft Plan of Subdivision. Kalar road (West Side), South
of Lundy's Lane. Owner: River Realty Development (1976) Inc. ( Stewart
Branscombe)
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Background
Land holdings totaling 16.4 ha (40.5 ac)
Portion to be zoned Residential Single Family 1E Density (R1 E)
Multiple unit blocks to be zoned R4, R5B, R5C
Carried Unanimously
Portion to be zoned R1 E and site specifically allow reduced lot areas; lot frontages; and
side yard widths; an increase in lot coverage and to add a requirement for an attached
garage.
Requested zoning would permit Blocks 208 & 209 to be developed with townhouse
dwelling units with increased lot coverage, reduced side yard width
Blocks 210 & 211 to be developed with 3 to 6 storey apartment dwellings and also a
retirement home.
Neighbourhood Open House
3 July 19, 2010
Council Minutes
Held on May 26, 2010 with the 4 residents present expressing concerns about the
apartment dwelling blocks along Kalar Rd.; the traffic on Kalar Rd. and stormwater
management
Provincial Policy Statement & Growth Plan
Region has directed that greenfield areas are to be built at a density of 53 persons and
jobs per hectare.
The subdivision complies with these densities.
Official Plan and Garner Neighbourhood Secondary Plan
OP designates the land Residential and these lands are intended to be developed with a
variety of forms of housing.
Higher density developments such as apartments are directed to lands that have access
to the arterial road system to minimize traffic impacts on local streets and take advantage
of transit routes. To support commercial developments lands adjacent to commercial
districts can be developed with apartments between 4 and 6 storeys in height up to a
density of 100 un /ha.
The apartment blocks are readily accessible from an arterial road in close proximity to
commercial lands.
Separation provided by Kalar Rd. along with on -site yard setbacks, provides a setback from
dwellings on the east side of Kalar Rd.
Subdivision will be compatible with the existing and future surrounding uses.
Satisfies the general intent of the Garner Neighbourhood Secondary Plan;
A housing mix target of 70% singles/ 30% multiple residential units is specified.
The proposed subdivision proposes 59% single units and 41% multiple units.
SUBDIVISION DESIGN
Served by a new east/west collector road.
Two collector roadways (Parkside and St. Michael) and a local street (Kelsey) will all
terminate with the new collector road.
Parkland requirements were addressed through the original Deerfield subdivision.
STORMWATER MANAGEMENT
Westerly portion of the plan of subdivision (84 single detached lots) is within the
Beaverdams Creek watershed area. Stormwater in this area is to be directed to
stormwater facilities in the Edgewood Estates Plan of Subdivision.
Balance of subdivision is within the Warren Creek watershed area. Stormwater in this area
is to be serviced by facilities to be constructed or upgraded in the future.
Lots 156 to 163 inclusive and Blocks 208 -211 inclusive should be subject to a Holding (H)
symbol until the necessary stormwater facility upgrades are completed.
Zoning By -law Amendment
Standard Residential Single Family 1 E Density (R1 E) zone has been requested for 58 of
the single detached Tots.
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A site specific R1 E has been requested for 149 of the smaller single lots for a reduction
► in lot sizes from 370 sq m to 320 sq m for an interior lot and from 450 sq m to 400
sq m for a corner lot.
► in lot frontage from 12 m to 10 m for an interior lot and from 15 m to 12 m for a
corner lot.
To facilitate the development on the smaller Tots a number of site specific provisions were
requested:
► interior side yard widths reduced from 1.2m to 0.9 m for a one storey; 1.8 m to 1.2
m for a 2- storey;
► exterior side yard widths be reduced from 4.5 m to 3 m ;
► maximum lot coverage increased from 40% to a maximum of 45 %; and
► a requirement for attached garages to provide a higher quality of development.
A site specific R4 zone is requested for the 2 townhouse dwelling blocks which include the
removal of apartment dwellings as a permitted use, limiting the use to townhouse
dwellings.
To ensure density targets there is a request for a density range from 25 un /ha to 50 un /ha
The applicant is also requesting a reduction in side yard setbacks to 1.8 m and an increase
in maximum lot coverage from 35% to 40%
Site specific R5B zone requested to permit the development of an apartment dwelling with
58 to 65 units. Density targets will be met by imposing a minimum density of 66 un /ha.
The applicant has also requested a increase in building height from 10 m to 12. 5 m to
achieve a pitched roof design. The pitched roof will be in character with the dwellings in
the neighbourhood.
The site specific R5C zone would permit the development of an apartment dwelling or a
retirement home up to 6 storeys with between 54 and 80 units.
A parking standard of 0.65 units per living unit in a retirement home.
A small portion of Block 210 is owned by the City as land that was once used by Niagara
Falls Hydro for a transformer. This area should be subject to a holding (H) provision which
can be lifted once the Record of Site Condition has been completed.
Conclusion
Requested approval of a draft plan of subdivision and a zoning amendment to permit the
development of a subdivision with 207 single detached lots and 4 blocks for multiple unit
residences.
The request can be supported for the following reasons:
► The proposal complies with Provincial and Regional policies with respect to
providing compact development in greenfield areas;
► The proposal complies with the Official Plan with respect to the location of higher
density residential developments and with the Garner Neighbourhood Secondary
Plan in terms of housing mix; and
► The plan of subdivision will provide a logical extension to previous phases of
Deerfield Estates.
Recommendation
That the Deerfield Estates Ph 9 Plan of Subdivision be draft approved, subject to the
conditions in the attached appendix.
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.
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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.
That the application to amend the Zoning By -law be approved as detailed in the staff report
to provide the necessary land use regulations to guide the development of the subdivision,
subject to the application of a holding (H) symbol to the easterly portion of the subdivision
to secure stormwater management facilities and a Record of Site Condition for part of
Block 210.
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.
Deby O'Connor, 6050 Kalar Road, expressed that she is not in opposition of the
lands being developed residentially but is not in favor of the proposed submission
configuration. She would prefer if the applicant moved the higher density buildings to the
interior of the subdivision with single family homes facing Kalar Road.
Barry O'Connor, 6050 Kalar Road, had concern with the loss of frontage of the
properties on the east side of Kalar Road.
Ross Shierlaw, 6018 Kalar Road, advised that he would like to see them put the
back side of the houses facing Kalar Road with a fence along the rear of the property.
Victor Muratori, agent for the applicant, indicated that lots backing onto the arterial
road are no longer acceptable under planning principles. The design and configuration of
the subdivision is in keeping with the Smart Growth principles set by the Province and the
City's Official Plan. Driveways have been minimized, multi- residential buildings placed on
the arterial road and narrow, tall buildings are preferred to low, dense buildings. He was
sympathetic with the residents but pointed out that this area is no longer a rural road.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the report be deferred.
Background
Carried Unanimously
PD- 2010 -58 - AM- 2010 -007, Zoning By -law Amendment Application, 6158, 6174 and
6180 Main Street. Applicant: Napev Construction Limited. Agent: Uri Salmona,
Salmona Tregunno Architects. Proposed 30 Unit Townhouse Development.
The Director of Planning and Development reviewed the recommendations and
provided the following information.
An amendment is requested for 0.69 ha (1.7 ac) of land being 6158, 6174 and 6180 Main
Street, for a 30 unit townhouse development.
Applicant is requesting the land to be rezoned a site specific R4 zone to permit the
development.
Neighbourhood Open House
A Neighbourhood Open House was held on May 26, 2010
Two options were presented:
► a townhouse complex; and
► a complex consisting of two 6- storey apartment buildings with 7 1 units.
10 residents in attendance, majority of people present did not object to townhouses.
Planning Analysis
Provincial Policy Statement
► The proposed townhouse development is a form of residential intensification
promoted by the Province.
Official Plan
Property is designated Minor Commercial, in part and Residential, in part.
Sites adjacent to Minor Commercial districts may be considered for multiple unit housing
up to 6 storeys and up to 100 units per hectare
The subject lands are not required for future commercial development.
The density of the project (43 un /ha) is within the range contemplated by the Official Plan
Orienting the driveway entrance to Robinson Street does not create any apparent traffic
issues.
Zoning
Site specific R4 zoning is requested.
Site specific provisions would include:
► Limiting the use to townhouses
► Reduction in minimum lot area from 250 sq m per unit to 230 sq m per unit.
► Reduction in lot frontage (Robinson St) from 30 m to 27 m
► Reduction in front and rear yard setbacks from 6m and 7.5 m, respectively to 5 m
► Reduction in side yard setback from one -half building height to 1 m.
► Reduction in the privacy yard depth from 7.5 m to 4.5 m as a result of lot
configuration and to bring the units closer to Main St.
► An increase in building height from 10 m to 12 m will permit the construction of
pitched roofs.
► Provide 2 parking spaces (in tandem)
► Along Main St. a wrought iron type decorative fence no taller than 1.2 m .
A Holding (H) symbol needs to be applied to the zoning on the lands, which can be lifted
once a Record of Site Condition has been filed.
Deeming By -law
The applicant has requested the City to pass a 'deeming by -law' that would merge the
subject properties in the same ownership and allow them to be one lot.
Conclusion
The requested zoning amendment to permit a townhouse project to be developed on the
property can be supported because:
Recommendation
6 July 19, 2010
Council Minutes
That Council approve the application to rezone the land to a site specific Residential Low
Density, Grouped Multiple Dwellings (R4) zone to permit the land to be developed for 30
townhouse dwelling units with a holding (H) symbol to require the, completion of any
necessary environmental site assessments and compilation of a Record of Site Condition.
That Council pass a by -law to deem Part of Lots 14 and 15, Plan 268, Village of Niagara
Falls and Lots 20, 21, and 22 and Part of Lot 19, Plan 653 Village of Niagara Falls to no
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Council Minutes
longer be within the registered plans of subdivision.
Tony Royston, 6091 Ross Street, welcomed the new development but expressed
concern with the effect the traffic would have on Ross Street. Mr. Royston wondered if it
was a possibility to have another entrance on Main Street.
Joe Capparelli, 5783 Robinson Street, located directly behind property, is in favor
of application but would like to see a wood fence put up in the rear of the property.
Jeff Kenny, Salmona Tregunno Architects, advised that an alternate entrance way
was considered but the BIA wanted an uninterrupted frontage onto Main Street. He
indicated that a 71 unit, 6 storey proposal was abandoned. Fencing will be in compliance
with the City's requirements.
The Public Meeting was now Closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that
the report be approved as recommended.
PD- 2010 -57 - AM -2010 -014, Zoning By -law Amendment Application, 6158 -6170
Stanley Avenue and 6158 Allendale Avenue. Applicants: Canop Investments Inc. and
Terma Holding Inc. ( Alfredo Costabile). Agent: Italia Gilberti, Broderick & Partners
LLP. Expansion to the Fallsview Inn.
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Background
Carried Unanimously
Parcel 1 totaling 0.69 ha (1.7 ac) on Stanley Avenue and a Parcel 2 equals 0.2 ha (0.5 ac)
on Allendale Avenue. Owners are requesting a zoning by -law amendment to develop a
9 storey, 160 room hotel and restaurant.
Parcel 1 is zoned Tourist Commercial (TC -645)
Requesting site specific provisions permitting a 9 storey hotel with an 8 m. setback from
the west property line and a 9.5 m setback from the south property line.
Site specific provisions are to be applied to the lands to permit the larger building, parking
requirements to be reduced to 0.8 spaces per hotel room, parking requirements for
restaurants and meeting rooms be eliminated, a portion of the required parking to be
provided on Parcel 2, and 40 required passenger vehicle parking spaces to be substituted
with 2 bus parking spaces.
Parcel 2 is zoned Tourist Commercial
Permit a portion of the existing parking on the property to be used to serve the hotel.
Reduce the parking requirements for a retail store to 1 space per 60 sq m of floor area.
No one attended the Neighbourhood meeting held on June 16, 2010.
Planning Analysis
Parcel 1 is located in the Fallsview Subdistrict where building heights up to 30 storeys may
be considered.
► The lands are designated Tourist Commercial in the Official Plan
► Figure 4 of the OP identifies the area where 30 storeys can be built.
► The Hotel will have a height of 9 storeys and is within the permitted height.
Proposal meets most the Design Guidelines intended to guide high -rise development
► The OP requires tall buildings to reduce their massing and visual impact as they
- 8 - July 19, 2010
Council Minutes
become taller and to provide appropriate gaps between buildings.
► The proposed hotel meets the following design criteria:
• The hotel will achieve a positive building base.
Podium containing a restaurant will be constructed along 75% of the Stanley
Avenue frontage
As the 9 storey tower steps back from Stanley Ave. a distance of 8.5 m, the
massing is reduced adjacent to the sidewalk, which will mitigate the
microclimate impacts
• Setbacks from the north and east property line are within the design criteria.
• Pedestrian environment will be enhanced
• No excessive shadowing impacts
• Art deco style roof feature
Guidelines encourage buildings to be set back 12.5 m from side lot lines and have a
maximum length to width ratio of 1:5:1
Proposed tower provides a 0 m. setback from south side lot line and has a length to width
ratio of 2:1:1, so therefore does not meet the guidelines.
Although desirable to have a proposal meet all of the design guidelines, the building length
to width ratio is acceptable as follows:
• Hotel is not within the first tier where a wall of development on top of the
escarpment overlooking the Falls would have an impact.
► Current zoning allows a 9 storey hotel, guidelines permit a podium up to a height of
15 m or 5 storeys tall
• Proposal involves 9.5 m long section of the hotel that is 4 storeys in height.
• Due to the hotel's superstructure, it will not be possible to build taller than 9 storeys.
• Large setback of the tower from Stanley Ave. will ensure the pedestrian will not be
overwhelmed along Stanley Ave.
The requested zoning amendment for increased building size and off -site parking can be
supported.
► The requested parking standards are the provisions recommended by the City's
Tourist Area Parking Demand Study.
► To ensure enough required parking is provided to service the hotel development on
Parcel 1, the applicant is requesting 21 of 128 (16 %) be provided off -site. Traffic
impacts are expected to be minimal given the small number of parking spaces.
► Reduction in loading area from 3 spots to 1
► Elimination of site specific landscaping requirements for Parcel 1 and 1 m. wide
along Stanley Avenue frontage of the property. Instead, the applicant is proposing
decorative walls along Fallsview Blvd and Robinson Street.
Site Plan Agreement /Section 37 Agreement
• It will be necessary to amend the site plan agreement pertaining to Parcel 1
► Amending By -law will secure landscaping, servicing, lighting and access on the site
as well as the road widening
► S. 37 Agreement to secure a contribution to the streetscaping improvement.
(Estimated cost of $100,000)
Deeming By -law - requested to be passed by the City to merge parcel 1 into the same
ownership and allow it to be one lot.
Conclusion
Requested zoning by -law amendment to permit a 9- storey expansion to the existing
Fallsview Inn can be supported for the following reasons:
► The proposal is located in the Fallsview Tourist Subdistrict where the Official Plan
indicates highrise development will be considered.
► The proposal complies with most of the design criteria for mid to high rise hotel
developments and the departures of this proposal from these design guidelines are
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Council Minutes
considered acceptable;
► The requested parking standards are those recommended by the City's Tourist Area
Parking Demand Study;
• The request to locate a small amount of required parking off -site will not create any
traffic or parking supply issues; and
► 6170 Stanley Avenue will be able to be treated as one parcel for zoning purposes
once the deeming by -law is registered.
Recommendation
That Council approve the Zoning By -law amendment application to permit a 9 storey
expansion to the Fallsview Inn at 6170 Stanley Avenue and to allow 16% of its required
parking to be provided at 6158 Allendale Avenue, all subject to the changes in regulations
addressed in the staff report (PD- 2010 -57)
That prior to the passage of the amending by -law, the applicant enter into a Section 37
bonusing agreement with the City as contribution to the streetscaping abutting Parcel 1.
That Council pass a by -law to deem Lots 28, 31, 32 and Part of Lot 34, Plan 270 Village
of Niagara Falls and Part of Range 21, Plan 1 Stamford no longer be within the registered
plan of subdivision.
Italia Gilbert', Broderick & Partners, was in support of the recommendation report
and advised she was available to answer any questions that Council may have.
The Public Meeting is Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the report be approved as recommended.
Carried Unanimously
PD- 2010 -56- SBA - 2010 -001, Sign By -law Amendment Application. 6361 Fallsview
Avenue. Owner: Joe DiCosimo. Permit a Ground Sign that Exceeds the Regulations
in the By -law
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Proposed Application
A Sign By =law Amendment is requested to permit the owners of the Hilton Hotel to erect
a pylon sign at the corner of Stanley Avenue and Murray Street that will have a sign area
of 62.43 sq m (672 sq ft) whereas the by -law permits a maximum sign area of 23 sq m
(247.5 sq ft)
Planning Analysis
Official Plan
Property is located in Fallsview Subdistrict of the Central Tourist Area
The OP identifies the intersection of Stanley Ave. and Murray St. as one of the City's
entrance gateways.
Amenity and Design policies of the OP promote an attractive environment and improved
physical appearance throughout the City.
Signs should not have a negative impact on the amenity of the area or obstruct pedestrian
or vehicular traffic.
Sign By -law
Intent and purpose of the Sign By -law is to regulate signage within the City for purposes
of public safety and aesthetics.
The size of the proposed sign approaches the maximum sign area of a billboard sign, but
is not a billboard as it will not contain 3 party advertising.
It meets the definition of a pylon sign and as such is considered to be an oversized pylon
sign.
In reviewing the proposed sign it was found that:
► It will replace an existing pylon sign already on the corner
► The property has sufficient frontage on both Murray and Stanley Ave to permit 2
pylon signs which would have a total sign area only slightly less than proposed.
► The sign is proportional to the scale of the high -rise buildings on the block.
► The installation of the proposed sign will preclude any further pylon signs on the
property without further amendments to the by -law; and
► The sign will be located in an area within a planted landscaped area, designed to
enhance the aesthetics of the area.
The Sign by -law states that "No sign located within 30 m of an intersection shall contain
any green or red lettering or graphics that are illuminated or flashing"
The purpose for the regulation is to preclude the potential for motorists to be confused
between traffic signals and advertising signage. The proposed sign can be supported
provided the text or graphics are not individually illuminated with Light Emitting Diode(LED)
lighting used for traffic signals and /or the text or graphics do not flash or scroll.
Conclusion
The request to permit a pylon sign with a sign area of 62.43 sq m (672 sq ft) can be
approved for the following reasons:
► The proposed sign meets the intent of the Official Plan
► Is in proportion to the buildings on the block
► Is located in a landscaped area; and
► The proposed sign will replace the existing pylon sign in the same location
Recommendation
That Council approve the Sign By -law amendment application to permit a pylon sign at the
south east corner of Murray Street and Stanley Avenue having a maximum sign area of
62.43 sq. m. conditional upon the removal.
Ed Lustig, Broderick and Partners, representing Hospitality Resorts Inc. indicated
that the proposed signs are in keeping with other signs in th area. He reminded Council
that no one has a legal right to a view.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that
the report be approved as recommended.
PD- 2010 -59, AM- 2009 -024, Official Plan Amendment No. 96, New Environmental
Policies for the City of Niagara Falls.
The report recommends:
with Councillor Pietrangelo opposed.
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MISCELLANEOUS PLANNING MATTERS
2. That the amendment be forwarded to the Niagara Region for approval.
July 19, 2010
Council Minutes
Carried Unanimously
1 That Council adopt the new and updated Environmental Policies to the Official Plan
as modified in response to public input.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
the report be deferred.
Motion Carried
Councillor Mayes exited Chambers.
b) MW- 2010 -52
Riall Street
That this report be deferred.
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MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Salci offered condolences to Councillor Diodati on the passing of his Aunt
Ramona Waslowski, to TammyAgnoletto, a city employee, on the passing of her father-in-
law, Luigi Agnoletto, to Emanuel Matthews, from Transit Services, on the passing of his
father, to Gail Hunton, Transit Services, on the passing of her grandmother, Mrs. Porter
and to Alex DeCaria, city employee, on the passing of his mother, Elena DeCaria.
Mayor Salci informed Council of the recent Canada Day Celebration and thanked
city staff and the Committee for organizing another successful event.
Mayor Salci advised of some upcoming events: Annual Commemoration of the
Battle of Lundy's Lane and the Downtown Bile Show.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the actions taken in Community Services Committee, on July 19, 2010 be approved.
Carried Unanimously
1) The minutes of the June 28, 2010 meeting be approved.
2) REPORTS:
a) R &C- 2010 -12
Ice Allocation Policy
That Council approve the Ice Allocation Policy and that the Ice Allocation policy be
effective September 13, 2010.
That staff be directed to proceed with the asphalt overlay on Riall Street and to
investigate the traffic safety complaints raised by the public at the Open House.
c) PD- 2010 -61
Queen Victoria Fountain at the
Niagara Falls History Museum - 5810 Ferry Street
d) PD- 2010 -54
Matters Arising from the Municipal Heritage Committee
That Council approve the following:
a) Reverend William Leeming House, 5781 Highland Avenue, owner Tomas
Tocek, a 2010 Designated Property Grant for the restoration of the stone
foundation of the house to a maximum of $3,000 be funded from reserves.
b) Former CIBC Bank /Ryall- Walker Law Office, 4190 Bridge Street, owner John
Fiedorek, for the installation of artificial slate roof on the building.
e) MW- 2010 -51
Tender: Lundy's Lane Historical Museum
1. That Council award the contract to CSL Collaborative Structures Ltd. at the
tendered price of $7,600,000; and,
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2. That the Mayor and Clerk be authorized to execute this Agreement.
f) CD- 2010 -07
Political Advertising
That this report be deferred.
3) NEW BUSINESS:
a) That staff investigate who's responsible for the maintenance of the native cairn on
St. Paul avenue.
b) That staff report back on the cost to highlight and improve the battle of 1812
markers.
RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
that the recommendation from the "In Camera" meeting on July 19, 2010 be approved.
1. That staff be authorized to proceed with the acquisition of the necessary properties
required to construct the Warren Creek Channelization project as set out in the
report.
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- 2010 -42 - 2009 Development Charges. The report recommends that Council receive
and file the attached financial statements regarding Development Charges for the 2009
fiscal year.
F- 2010 -44 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $19,738,534.66 for the period June 10, 2010 to June 30, 2010.
L- 2010 -11 - Release of Agreements, 7555 Montrose Road. The report recommends:
1. That the release of two Agreements dated August 14, 1972 and April 29, 1974 and
registered on title to the lands known municipally as 7555 Montrose Road ( "subject
land "), is hereby approved and authorized; and
2. That the City Solicitor be delegated the authority to sign whatever documents are
required to remove redundant site plans, site plan agreements, subdivision
agreements, development agreements, easements and covenants, from the title of
affected properties.
MW- 2010 -50 - Consultant for Risk Management Services. The report recommends:
1. That the City of Niagara Falls award the Request for Proposal for the Consultant for
Risk Assessment Services to Meyers Norris Penny LLP ( "MNP ") in the amount of
$94,320.00.
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Council Minutes
2. That the Mayor and City Clerk be authorized to execute the necessary agreement.
MW- 2010 -31 - Cured in Place Contract. The report recommends: •
1. The contract be awarded to the lowest bidder Insituform Technologies Ltd. At the
tendered price of $372,893.00.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
PD- 2010 -55, PLC - 2010 -004, Request for Removal of part Lot Control, Part Lots 16,17
& 18, Plan 59M -251. More Specifically Described as parts 1 through 13, Plan 59R-
14243, 6352 -6364 Pinestone Road. Owner: Walker Community Development
Corporation. The report recommends:
1. That Council approve the request and pass the by -law included in tonight's agenda
to designate Part of Lots 16, 17 & 18 of 59M -251, as exempt from Part Lot Control.
2. That the owner be given three years to create the new parcels and notify the City
when the separate deeds have been registered.
TS- 2010 -20 - Subdivision Agreements, update to Parking and Traffic By -law 89- 2000
The report recommends that the regulatory signs outlined in this report be approved
for the second and third construction phases of the Deerfield Estate Subdivision, the eighth
phase of the Deerfield Estates Subdivision, the first phase of the Fernwood Subdivision,
the Edgewood Estates Subdivision and the Miller Road (North) Estates Subdivision.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
Councillor Mayes returned to Chambers.
BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Diodati that the by -laws be given a first reading.
2010 -96
Carried Unanimously
A by -law to authorize an Application General to amend the register to release
two Agreements registered as Instrument Numbers RO222261 and
RO222262.
2010 -97 A by -law to authorize the Mayor and Treasurer 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 Dedicated Gas Tax Funds for Public
Transportation Program as in Schedule "A" attached hereto.
2010 -98 A by -law to provide for the adoption of Amendment No. 95 to the City of
Niagara Falls Official Plan. (OPA No. 95)
2010 -99 A by -law to amend By -law No. 79 -200, to permit a limited range of uses in
a SC zone, subject to the removal of a temporary holding (H) symbol. (AM-
2009 -023)
2010 -100 A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, subject
to the removal of a temporary holding (H) symbol. (AM- 2009 -023)
2010 -101
- 14 - July 19, 2010
Council Minutes
A by -law to amend By -law No. 79 -200, to permit a furniture warehouse and
retail furniture store in a GC zone, subject to the removal of a holding (H)
symbol. (AM- 2009 -023)
2010 -102 A by -law to amend By -law No. 79 -200, to permit a hotel in excess of 12
metres in height, subject to the removal of a temporary holding (H) symbol.
(AM- 2009 -023)
2010 -103 A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, subject
to the removal of a temporary holding (H) symbol. (AM- 2009 -023)
2010 -104 A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, subject
to the removal of a temporary holding (H) symbol. (AM- 2009 -023)
2010 -105 A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, subject
to the removal of a temporary holding (H) symbol. (AM- 2009 -023)
2010 -106 A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, subject
to the removal of a temporary holding (H) symbol. (AM- 2009 -023)
2010 -107 A by -law to amend By -law No. 79 -200, to permit uses in a GC zone, subject
to the removal of a temporary holding (H) symbol. (AM- 2009 -023)
2010 -108 A by -law to amend By -law No. 79 -200, to permit uses in a GC zone, subject
to the removal of a temporary holding (H) symbol. (AM- 2009 -023)
2010 -109 A by -law to amend By -law No. 79 -200, to permit uses in a GC zone, subject
to the removal of a temporary holding (H) symbol. (AM- 2009 -023)
2010 -110 A by -law to amend By -law No. 79 -200, to permit uses in a GC zone, subject
to the removal of a temporary holding (H) symbol. (AM- 2009 -023)
2010 -111 A by -law to amend By -law No. 79 -200, to permit uses in a SC zone, subject
to the removal of a temporary holding (H) symbol. (AM- 2009 -023)
2010 -112 A by -law to designate portions of Lots 16 & 17 and 18, Registered Plan 59M-
251, not be subject to part lot control. (PLC- 2010 -004)
2010 -113 A by -law to amend By -law No. 2008 -224, being a by -law to prohibit or
regulate the placing or erecting of signs, notices, and advertising devices on
public and private property within the City of Niagara Falls.
2010 -114 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Yield Signs at Intersections, Stop Signs at
Intersections, Parking Prohibited, Stopping Prohibited)
2010 -115 A by -law to amend By -law 2009 -71, being a by -law with respect to the
installation and maintenance of either a fire safety box or a fire safety box
and a lock box or existing lock box.
2010 -116 A by -law to establish Part 1 on Reference Plan 59R- xx as a public highway,
to be known as and to form part of Hendershot Boulevard (HANDOUT).
2010 -117 A by -law to authorize the payment of $19,738,534.66 for General Purposes
2010 -118 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 19 day of July, 2010.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the by -laws be read a second and third time and passed.
Carried Unanimously
Niagara Air Buses
ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo
that staff prepare a report on the Niagara Air Buses that were available for purchase.
Methadone Clinic
- 15 - July 19, 2010
Council Minutes
NEW BUSINESS
ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo
that staff report back on the proposed methadone clinic across from St. Patrick's, advise
what can be done to prevent this use from being located near sensitive uses, such as
schools and churches, in the future and petition the Province for guidelines.
Mini Asphalt Recycler
ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni
that staff investigate the opportunity for purchase of a mini asphalt recycler for winter road
repairs.
Carried Unanimously
Humane Society
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that staff refer to the Humane Society for comments on the status of the Pamela Pitney
complaint.
* * * **
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the meeting be adjourned at 9:30 p.m.
Carried Unanimously
Carried Unanimously
Carried Unanimously
Carried Unanimously
DEAN RFID CITY CLERK R.T. (TED) SALCI, MAYOR