2011/07/18 (2) TWELFTH MEETING
REGULAR COUNCIL MEETING
July 18, 2011
Council met on Monday, July 18, 2011 at 5:00 p.m. in an In Camera session at 5:00
p.m. and did rise to report.
Council met on Monday, July 18, 2011 for the purpose of considering Regular
Business matters in Council Chambers at 6:30 p.m. All members of Council were present.
Councillor Mayes offered the Opening Prayer.
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ADOPTION OF MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the minutes of June 27, 2011 be approved as printed.
Carried Unanimously
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DISCLOSURES OF PECUNIARY INTEREST
Councillor Kerrio indicated a pecuniary interest with communication # 4, related to
the Victoria Centre BIA budget and also with regard to the Visitor Transportation System,
the In Camera item discussed earlier this evening and related by -law 2011 -97.
Councillor Wing indicated a pecuniary interest with regard to the Visitor
Transportation System, the In Camera item discussed earlier this evening and related by-
law 2011 -97.
Councillor loannoni indicated a pecuniary interest with regard to the Visitor
Transportation System, the In Camera item discussed earlier this evening and related by-
law 2011 -97.
Mayor Diodati indicated a pecuniary interest with regard to cheque no. 346977,
made payable to himself.
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OPTIMIST CLUB PROPERTY/ PLANNING MATTERS/ CLOSE & DECLARATION OF
SURPLUS LANDS
Transportation Master Plan
Doug Allingham, AECOM, made a presentation on the City's ongoing Transportation
Master Plan study and the impact on the proposed development on the Optimist Club
property.
Mr. Allingham indicated the need for a new highway crossing by 2031. The
preferred area for crossing is south of Oldfield Road, however, a Morrison Street flyover
is one of a number of alternatives. Although a Morrison Street flyover may not be the
preference for 2031, it could be needed farther in the future.
Mr. Allingham outlined the timing related to the Transportation Master Plan.
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Victor Muratori, representing the applicant for the Optimist Club lands, informed
Council that Morrison Street is in the plans of development. Although the applicant does
not own the related City lands, the Morrison Street right of way, City staff requested the
applicant's best proposal when processing the related amendment application. Mr.
Muratori stated that the sale of the Optimist was a firm deal, not conditional on rezoning,
and it is a closed transaction other than the transfer of title.
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TS- 2011 -25 - Morrison Street/Optimist Lands Right of Way.
The report recommends that the matter concerning the future of the Morrison Street
right -of -way, over the existing Optimist Lands, be deferred until after the planned public
meeting for the Draft Transportation Master Plan and the completion of the Final
Transportation Master Plan, slated for this September and October, respectively.
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PD- 2011 -37 - 26T -11- 2011 -01 & AM- 2011 -003, Optimist Park Draft Plan of Subdivision
Official Plan Amendment Application, Zoning By -law Amendment Application,
Dorchester Road (West Side) North of Morrison Street. Owner: River Realty
Development (1976) Inc.
1. That Council defer applications 26T -11- 2011 -01 and AM- 2011 -003 until a decision
has been made on the unopened portion of Morrison Street as contained in the
Strategic Transportation Master Plan.
2. Should Council declare the unopened portion of Morrison Street surplus, then
Council grant draft plan approval to the Optimist Park Plan of Subdivision as
detailed in this report and subject to the conditions in the attached Appendix.
3. 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.
4. 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.
5. That the application to amend the Official Plan be approved as detailed in this
report,
6. That the application to amend the Zoning By -law be approved as detailed in this
report to provide the necessary land use regulations to guide the development of
the subdivision.
7. 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.
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L- 2011 -13 - Permanently Close, Declare Surplus and Convey Part of Morrison Street,
and Declare Surplus and Convey Part 2 on Reference Plan 59R -366.
The report recommends the following:
In the event, and only in the event, that Council has determined that the subject properties
are surplus to the requirements of the City of Niagara Falls:
1. A portion of Morrison Street located to the west of Dorchester Road and east of the
QEW ( "road allowance lands ") as shown hatched on Attachment "1", be
permanently closed, declared surplus and offered for sale to the Developer of the
Optimist Park lands at a price to be determined in accordance with City policy.
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2. Part 2 on Reference Plan 59R -366, ( "Part 2 lands ") as shown hatched on
Attachment "2 ", be declared surplus and offered for sale to the Developer of the
Optimist Park lands at a price to be determined in accordance with City policy.
In the alternative, in the event Council determines that the subject lands are not surplus
to the requirements of the City, that no action be taken with respect to those lands.
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ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that TS-
2011-25, PD- 2011 -37 and L- 2011 -13 be deferred.
Motion Carried
with Councillors Gates and Kerrio opposed.
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PLANNING MATTERS
PD- 2011 -47 - AM- 2011 -005, Zoning By -law Amendment Application, 3431 & 3441
St. Patrick Avenue. Applicant: Bob Sobota, Agent: Chris Cristelli. Proposed Semi -
Detached Dwellings
The Manager of Community Improvement and Planning projects reviewed the
recommendations and provided a brief presentation.
Background
The lands are currently zoned Residential Single Family 1C density, which only permits a
single family detached dwelling.
The zoning of the land is requested to be changed to Residential Single Family and Two
Family (R2) which would permit a semi - detached dwelling to be constructed on each lot.
Neighbourhood Meeting
Neighbourhood meeting was held on June 16, 2011.
The meeting was attended by 7 residents.
Concerns were raised regarding:
► increase in traffic
• sewer capacity
► incompatible land use — character of the street
► decline in property value
► possibility of renting the semi - detached homes
• prefer the orientation of the semi on the corner lot toward O'Neil St.
Planning Analysis
PROVINCIAL POLICY & REGIONAL POLICY PLAN
Provincial policies direct growth to built -up and settlement areas and support
intensification.
The proposal would assist in reaching intensification targets established by the
Provincial and Regional policies and would result in more efficient use of land and
existing infrastructure.
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OFFICIAL PLAN
The subject land and surrounding properties are designated Residential in the Official Plan.
The policies of the OP encourage mix of dwelling types in all planning districts so that a
variety of housing types will be available to different age groups, household sizes and
incomes.
The proposal complies with the OP as follows:
► The dwellings are a form of housing that is promoted by the OP as low density
► The lands are adjacent to a collector road and would provide a transition from an
institutional use on O'Neil St. to single detached dwellings along St. Patrick.
► Design is compatible with neighbourhood in terms of height, setbacks and
appearance.
► Municipal services and roads can support the proposed development.
Zoning
The subject lands are zoned R1C which allows only single detached dwellings.
The owner is requesting the zoning to be changed to the Residential Single Family and
Two Family zone to permit the construction of semi - detached dwellings.
The subject lands comply with the R2 zone regulations for semi - detached dwellings.
If rezoning is approved, there will need to be a minor boundary adjustment because of the
current configuration of the existing lots.
Conclusion
The zoning amendment is requested to allow the construction of a semi - detached dwelling
on each lot.
The Zoning By -law amendment is recommended for the following reasons:
► The proposal recommends a modest intensification of use as supported by
Provincial policies;
► The Official Plan supports the provision of a compatible mix of dwelling types so that
a variety of housing types are available;
► The proposed dwellings will be compatible with the surrounding land uses which
include a mix of single and semi - detached dwellings, an apartment building, a
school and commercial facilities; and
► The subject lands satisfy the City's zoning standards for semi - detached dwellings.
Recommendation
That Council approve the Zoning By -law amendment application to change the zoning of
the subject lands to the Residential Single Family and Two Family (R2) zone to permit the
construction of a semi - detached dwelling on each lot.
Rob Hay, 6352 Brock Street, is opposed to the proposed application, he believes
a multi - family dwelling does not fit into the character of the area.
Diane Nieuwestweeg, 3424 St. Patrick Avenue, asked that Council deny the
application due to the historic nature of the area.
Valerie Walter, 3440 St. Patrick Avenue, questioned the sewer capacity, especially
in light of the mature trees in the neighbourhood. Also, O'Neil Street is busy during the
school months, so the development would have traffic impacts
Bill Dwyer, 3381 St. Paul Avenue, stated that the population in the area is getting
older and he expressed concern if this was permitted it would set a precedent.
Chris Cristelli, agent for the applicant, advised that the design of the project was
done to fit into the character of the neighbourhood. The setbacks meet or exceed the by-
law requirements. The semis will be owned not rented. Driveway width has been reduced
enhance greenspace and the orientation of the buildings was based on safety
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considerations.
Upon consultation with his client, he indicated that the client was not adverse to a
semi, on O'Neil, and a single dwelling, on St. Patrick. The existing semi on O'Neil is a legal
non - conforming use that was allowed during the by -law of the day.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that Council approve a Zoning By -law amendment application to change the zoning of
subject land abutting O'Neil Street (3441 St. Patrick) to the Residential Single Family and
Two Family (R2) zone to permit the construction of a semi - detached dwelling, while
keeping the subject land at 3431 St. Patrick Avenue as R1 zoning.
Motion Carried
with Councillors Gates, loannoni, and Wing opposed.
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MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati advised of some recent events: Cogeco has been broadcasting an
infomercial on the Niagara Falls History Museum, slated to open in 2012, convocation
ceremonies of City high schools, the Niagara Health System rally, the Canada Day
festivities and National Veterans' Rendezvous.
Mayor Diodati advised that the August Council Meetings dates have been canceled
and replaced with one meeting on August 15, 2011.
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Napoli Ristorante & Pizzeria - requesting on- street parking on the Regional
Road (Ferry Street, north west corner)
Recommendation: For the consideration of Council
Felix Pingue, owner of Napoli Ristorante & Pizzeria, expressed concern with the
Region eliminating parking spaces in front of the restaurant. Mr. Pingue asked that Council
step in and ask the Region of Niagara to reconsider eliminating the parking spots.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
a letter be sent to the Region requesting the reconsideration of removal of the on- street
parking spaces.
Carried Unanimously
2. Ross & McBride LLP - requesting, on behalf of their client, the Muller Group, an
opportunity to voice their concerns regarding the proposed Niagara Falls Soccer
Club Indoor Facility.
Recommendation: For the consideration of Council.
Eric Cunningham, spoke on behalf of Henry Muller. He indicated that their private
indoor facility currently meets the needs of the community. A second facility will make it
difficult for either facility to be profitable. Mr. Cunningham hoped that Niagara Falls Soccer
Club would provide necessary business and strategic plans. Finally, he felt that the waiver
of Development Charges set a dangerous precedent.
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ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the representative from the Niagara Falls Soccer Club be permitted to
speak.
Carried Unanimously
Tim Chamberlan, Niagara Falls Soccer Club President, was thankful for the
opportunity to speak. Mr. Chamberlan advised that naming rightforthe complex have been
purchased by" Niagara Olympia Homes" and that he is happy to provide anything the City
requires.
ORDERED on the motion of Councillor Maves, seconded by Councillor Morocco to
receive and file the communication.
Carried Unanimously
3. Bird Strike North America - requesting funding in association with their conference
coming to Niagara Falls.
Recommendation: Receive and file the correspondence.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves
that the communication be received and filed as recommended.
Carried Unanimously
4. Victoria Centre BIA - requesting approval of their 2011 budget and requesting a
change in their Council representative.
Recommendation: For the approval of Council
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the BIA budget and change of Council representative be approved as recommended.
Carried Unanimously
5. Region of Niagara Inter - Municipal Transit Service (IMT) Pilot Project Proposed
Fare Structure
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the communication be approved as recommended.
Carried Unanimously
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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.
MW- 2011 -35 - Warren Creek Channel Construction Contract 2011 - 246 -11 Tender
Award. The report recommends that the following be approved:
1. The contract be awarded to the lowest bidder Alfidome Construction Ltd. at the
tendered price of $1,720,362.45.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
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ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the report be approved as recommended.
Motion Carried
with Councillor Gates opposed.
PD- 2011 -48 - Telecommunication Facility Consultation, 4536 Portage Road, Atlus
Group on Behalf of Bell Mobility. The report recommends that Industry Canada be
provided with the comments received from the owners of 5800 Thorold Stone Road, Niagara
Falls and St. Antoine School regarding the construction of a telecommunication tower and
compound on the lands at 4536 Portage Road, as the comments of the City of Niagara Falls.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the report be approved as recommended.
Carried Unanimously
CAO- 2011 -03 - 2011 -2014 Strategic Priorities - Biannual Progress Update. The report
recommends that the 2011 -2014 Strategic Priorities - Biannual Progress Update, included
in the Agenda package, be approved.
CD- 2011 -13 - Adult Entertainment Licence Revocation. The report recommends that
based on the recommendation of the Adult Entertainment Appeals Committee, the decision
of the Issuer of Licences to revoke the licence of the appellant be upheld.
F- 2011 -30 - 2010 Reserves and Reserve Funds. The report recommends that the City
Council receive this report, for information, on the 2010 activity in reserves and reserve
funds.
F- 2011 -31 Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $5,857,734.80 for the period June 9, 2011 to June 22, 2011.
F- 2011 -32 - 2010 Development Charges. The report recommends that Council receive
and file the attached financial statements regarding Development Charges for the 2010
fiscal year.
FS- 2011 -05 - Memorandum of Understanding for Fire Investigations. The report
recommends that That the Fire Chief or his representative be authorized to sign a
Memorandum of Understanding (MOU) for fire investigation services in Niagara Falls.
R& C - 2011 -11 - Artificial Turf Field Allocation Policy. The report recommends that
Council approve the attached Artificial Turf Field Allocation Policy effective September 1,
2011.
BDD- 2011 -06 - Canadian Youth Business Foundation (CYBF) Program
Implementation. The report recommends for the Information of Council.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that
the remaining Consent Agenda reports be approved as recommended.
Carried Unanimously
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RATIFICATION OF "IN CAMERA" RECOMMENDATIONS
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the recommendations from the " In Camera" meeting from July 18, 2011 be approved.
L- 2011 -14 - VTS- Agreement and By -law
1. That the City enter into agreements with each of the Boards of Management of the
Clifton Hill, Victoria Centre, Fallsview and Lundy's Lane Business Improvement
Areas.
2. That the City enact a by -law to set the rates for the fares for the Visitor
Transportation System.
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3. That staff be instructed to take whatever steps are required to finalize the issues
with the Niagara Parks Commission.
4. That the Mayor and Clerk be authorized to execute the agreements described in
recommendation 1.
Carried Unanimously
with Councillors loannoni, Kerrio and Wing indicating conflicts.
RESOLUTIONS
NO.34 - PIETRANGELO - MOROCCO - Therefore be it resolved that the Council of
Corporation of the City of Niagara Falls supports an application to Regional Municipality
of Niagara for the Residential Conversion and Intensification Loan Program for 4410 -4414
Queen Street (Keefer Development & Historic Niagara).
Carried Unanimously
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BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by -laws be given a first reading.
Carried Unanimously
2011 -92 A by -law to amend By -law No. 2008 -13, which amended By -law No. 79 -200,
to add a place of worship as a use, limit the occupancy of non - residential
uses to 70 persons at any given time and adjust several other regulatory
provisions.
2011 -93 A by -law to designate Lots 145, 146 and 147, Plan 307 and Lot 84 and Part
of Block "A ", Plan 310 to be deemed not to be within a registered plan of
subdivision.
2011 -94 A by -law to authorize the execution of a consulting agreement with MMM
Group for the Niagara Falls Fire Department Fire Station Location Study.
2011 -95 A by -law to temporarily amend By -law No. 89 -2000, being a by -law to
regulate parking and traffic on City Roads. (Parking Prohibited)
2011 -96 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Heavy Vehicle Restriction)
2011 -97 A by -law to establish the rates for the Visitor Transportation System.
2011 -98 A by -law to authorize the payment of $5,857,734.80 for General Purposes.
2011 -99 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 18` day of July, 2011.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by -laws be read a second and third time and passed.
Carried Unanimously
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NEW BUSINESS
NHS
Councillor Morocco outlined an incident that happened to her in the GNGH parking lot.
ORDERED on the motion of Councillro Thomson seconded by Councillor Kerrio that
the matter be referred to Deb Matthews of the NHS for a response.
Carried Unanimously
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ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that
the meeting be adjourned at 9:22 p.m.
Carried Unanimously
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( i)0" /
DEAN IORFI , CITY CLERK ES M. DIODATI, MA • R