02/11/2014 THIRD MEETING
REGULAR COUNCIL MEETING
February 11, 2014
Council met on Tuesday, February 11, 2014 at 4:30 p.m. for an In Camera session.
All members of Council except Councillor Mayes and Councillor Gates, who is on a leave
of absence, were present.
NO. 01 - KERRIO - DIODATI - THEREFORE BE IT RESOLVED THAT on February 11,
2014 at 4:30 p.m., Niagara Falls Council will go into a closed meeting, prior to their
regularly scheduled meeting at 5:00 p.m. to consider a matter that falls under the subject
matter of 239(2)(c)the disposition of City owned property by Cantex Distribution Inc.at Part
20 on Reference Plan 59R-13527 (Montrose Business Park) and matters that fall under
s. 239(2)(e), litigation or potential litigation, including matters before administrative
tribunals, and s. 239(2)(f), solicitor-client advice, related to the Ontario Municipal Board
appeals on the Official Plan Amendment No. 106 (Northwest Quadrant Urban Boundary
Expansion) and the City's Zoning By-law Amendment (6015 Barker Street).
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
Council met on Tuesday, February 11, 2014 at 5:05 for the purpose of considering
Budget Matters in Council Chambers,followed by the Regular Business matters. Councillor
loannoni offered the Opening Prayer. All members of Council, except Councillor Mayes
and Councillor Gates, who is on a leave of absence, were present.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that the minutes be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Wing indicated a pecuniary interest to In Camera report L-2014-05, as
she is one of the appellants.
Councillor Morocco indicated an indirect pecuniary interest to cheque number
370655, made payable to her spouse.
Mayor Diodati indicated a pecuniary interest to cheque numbers 370224 and
370602, made payable to himself.
BUDGET
Councillor Pietrangelo chaired the budget meeting.
Operating Budget
The Director of Finance provided an update on the Operating Budget.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the operating budget be approved.
Carried Unanimously
- 2 - February 11, 2014
Council Minutes
Water Billing Update
The Director of Finance provided an update on the change over for water billing.
ORDERED on the motion of Councillor loannoni, seconded by Mayor Diodati that
the water billing information be received.
Carried Unanimously
1. CAO-2014-02 - Family Physician Recruitment Program
The report recommends that this report be filed for information purposes, and that
the proposed Family Physician Recruitment Program budget be referred to 2014 budget
deliberations.
ORDERED on the motion of Councillor loannoni, seconded by Mayor Diodati that
the recommendation report be approved.
Carried Unanimously
2. R&C-2014-02 - Recreation & Culture Rates and Fees Update
The report recommends that Council approve the 2014 Recreation & Culture
Department rates and fees effective March 1, 2014.
ORDERED on the motion of Mayor Diodati, seconded by Councilor loannoni that
the report be approved as recommended.
Carried Unanimously
Councillor Pietrangelo stepped down as Chair, 6:00 p.m.
. . . . .
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Municipal Heritage Committee - requesting that the week of February 17 - 23rd
be proclaimed as "Heritage Week 2014".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that the proclamation be approved.
Carried Unanimously
2. Mayor's Youth Advisory Committee - requesting that Council approve 50 cent
student rides for March Break.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni
that the request be approved.
Carried Unanimously
3. Redboss Pyrotechnics - requesting approval for various firework displays at the
Great Wolf Lodge.
RECOMMENDATION: For the Approval of Council, subject to insurance
requirements.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the request be approved.
Motion Carried
with Councillor Thomson opposed.
- 3 - February 11, 2014
Council Minutes
4. Enbridge Ride to Conquer Cancer - requesting a grant equal to the building
permit fees associated with tents for their annual event.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that a grant be approved equal to the building permit fees.
Carried Unanimously
5. Letters to Provincial By-Election Candidates - questions to the candidates.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councilor Wing that
the information be received and filed.
Carried Unanimously
6. Pride Flag - request to fly Pride flag during the Olympics
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the request be approved.
Carried Unanimously
RATIFICATION OF "IN CAMERA" MATTERS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the recommendations from the February 11th, 2014 meeting be approved:
1. L-2014-02
2367063 Ontario Incorporated (Cantex Distribution Incorporated)
Proposed Purchase from the City Part 20 on Reference Plan 59R-13527
The report recommends the following:
1. That Council accept the Offer to Purchase of 2367063 Ontario Incorporated
for the lands described as part of Part 20 on Reference Plan 59R-13527
("subject lands"), at a price of $87,000.00, plus HST
2. That the Mayor and Clerk be authorized to execute all necessary
documentation to carry out the foregoing.
Carried Unanimously
- 4 - February 11, 2014
Council Minutes
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-2014-06 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $7,702,402.11 forth period January 2, 20154 to January 22,
2014
PBD-2014-14-CB&FIG-2013-004,Commercial Building&Facade Improvement Grant
Application extension request.4238-4240 Bridge Street.Applicant:Angel Lodge Inc.
(Amynah Hirani, President). The report recommends the following:
1 . That Council approve the extension of approval for Commercial Building
Improvement Grant Application CB&FIG-2013-004 (4238-4240 Bridge Street) to
May 30, 2015.
2. That the Mayor and Clerk be authorized to sign and execute the agreement.
R&C-2014-01 - Niagara Girls Minor Softball Association Agreement. The report
recommends that Council authorize the Mayor and City Clerk to act on the behalf of the
City to execute the Niagara Girls Minor Softball Association license agreement for the use
of the storage building located at C. W. Palmer Park.
TS-2014-06 -Carlton Avenue Parking Review. The report recommends that the existing
"No Parking Except by Disabled Permit" restriction on the west side of Carlton Avenue
between Culp Street and a point 54 metres north of Culp Street is replaced with a "No
Parking Except by Permit" restriction.
TS-2014-10-Dorchester Road&Morrison Streetturn restrictions at Optimist Square.
The report recommends that left turns prohibitions are established for the Dorchester Road
access and the eastern Morrison Street access into and out of the Optimist Square.
MW-2014-07 -Appointment of Engineer Under the Drainage Act Spriet&Associates,
St. John's Marsh Drain Project. The report recommends that Council approve the
appointment of Spriet Associates as the Drainage Engineer for the St. John's Marsh Drain
Project.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the reports on the Consent agenda be approved as recommended.
Carried Unanimously
NEW BUSINESS
Thorold Stone Road Extension
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that Council indicate to the Region that Option A, as outlined in the January
2891 Council report, is Council's preferred option for the Thorold Stone Road extension.
Carried Unanimously
Great Lakes Nuclear Dump Inc.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that a Council reconsider the motion to receive and file the communication on the January
28th Agenda.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
Council go on record with a resolution that it is opposed to any nuclear waste repository
in the vicinity of the Great Lakes.
Carried Unanimously
- 5 - February 11, 2014
Council Minutes
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to the family of Dawson Benson, a retired City
employee, to the family of Joe McMahon, former Manager of Niagara Falls Transit and
Uncle of Councillor Vince Kerrio, to Beth Sheppard, a city employee, on the passing of her
mother Eva Fitzpatrick and to David Jarrett, from the Niagara Falls Fire Department, on the
passing of his father, Doug Jarrett.
Mayor Diodati advised of recent events: Jim Hobson's retirement, an employee with
the City of Niagara Falls for 61 years, Skate to Donate Event at the TD Rink at the Brink
to support Toque Tuesday for the YWCA, and Premier Wynne's visit this past Saturday.
Mayor Diodati advised of upcoming events: Drainage and Storm practices reminder,
Snow Buddies are still needed, Provincial By-Election, Rotary Trivia Night, Family Day,
Niagara Falls Transit - Route Revision Open House sessions, State of the City Address,
and NHS Kidney Care Program, a Royal Ascot Affair for Kidney Care event.
PRESENTATIONS/DEPUTATIONS 7:00 P.M.
Niagara Falls Culture Plan Survey
Mayor Diodati presented an iPad, donated by Beatties Basics, to Carol Vadacchino,
who participated in the City's Culture Plan Survey.
South Niagara Community Futures Development Corporation
Jessica Potts, Inspired Communications, addressed Council on the business
programs offered by the South Niagara Community Futures Development Corporation.
PLANNING MATTERS 7:00 P.M.
Public Meeting
PBD-2014-13 - AM-2014-020, Zoning By-law Amendment Application, 4328
Dorchester Road. Applicants: Pinewood Homes ( Niagara) Ltd. Agent: Al Heywood,
Matthews, Cameron, Heywood Surveying Ltd. 5 Unit On Street Townhouse Dwelling.
Proposed Application
A Zoning By-law Amendment application is requested to permit the development of
a 5 unit on-street townhouse project.
The lands are currently zoned Residential Single Family 1C Density (R1C) and are
requested to be changed to Residential Mixed (R3) zone with site specific regulations.
Neighbourhood Open House
Open house was held on January 7, 2014
No neighbours attended.
Letters of objection have been submitted by surrounding residents and included in tonight's
agenda.
Letters express concerns about traffic impacts and safety at the nearby intersection of
Dorchester and Freeman, and one letter suggests the development be reduced to four
units.
- 6 - February 11, 2014
Council Minutes
Planning Analysis
PROVINCIAL POLICY STATEMENT & REGIONAL POLICY PLAN
Lands are within built-up area of the City, where future residential development is
expected to occur through intensification.
OFFICIAL PLAN
Land is designated Residential in the City's Official Plan.
City's Growth Management Policies (OPA No. 94) permit on-street townhouses up to a
density of 40 un/ha.
Infill development is encouraged.
The project conforms with both the City's Official Plan and Growth Management Policies
as follows:
Density of 27 un/ha is below the maximum 40 un/ha permitted.
On street parking townhousing is an acceptable form of infill development
The proposed low rise bungalow style townhouse would be compatible with the existing
housing in the neighbouhood
Front yard setback would be the same as existing dwelling to the east.
Roads can accommodate the traffic expected to be generated
Additional units on the property are transit supportive under Smart Growth Principles
Zoning
Residential Single Family 1C Density (R1C).
Requested to be re-zoned from R1C to Residential Mixed (R3) zone with special
provisions.
Special Provisions for Minimum Interior Side Yard width of 1.2 m. (which is the same as
the R1C zone); Minimum Lot Coverage of 45% and parking to allow 1 car in garage and
1 in driveway.
Modifications are minor, reasonable and supportable.
Staff are recommending a minimum front yard depth requirement of 7.5 m rather than
standard 6 m.
Freeman Street to be defined as the front lot line.
It is recommended that a 1.8 m. high wood fence along rear(north) and interior(east) side
lot lines be required to maintain privacy.
Conclusion
The amendment can be supported as follows
The proposal conforms with the Official Plan polices and Growth Management
policies regarding the location of medium density housing and represents an
acceptable form f infill development;
The height and setbacks of the proposal are compatible with the surrounding
housing in the neighbourhood; and
The surrounding streets are capable of accommodating the traffic generated by this
proposal.
- 7 - February 11 , 2014
Council Minutes
Recommendation
That Council approve the Zoning By-law amendment application to rezone the land
Residential Mixed (R3)with site specific regulations to permit the proposed development,
subject to deeming the Freeman Street frontage of the property as the front lot line,
requiring a minimum front yard depth of 7.5 m, and requiring a wood fence along the east
and north lot lines of the property.
David Devine, 4468 Queensway Garden, questioned the R3 zoning and inquired
whether what was approved at Council would be the final form of the building. He
mentioned that the Optimist Club building is bigger than what was originally proposed at
Council.
It was indicated that the Optimist Club building was subject to a Committee of Adjustment
application with appropriate notification as per the Planning Act.
Al Heywood, Matthews, Cameron, Heywood Surveying, is in support of the staff
report and the applicant is acceptable to the conditions outlined in the report. He assured
Council that pinewood Homes was committed to the design, as presented.
The Public Meeting was closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the recommendation report be approved.
Motion Carried
with Councillors Morocco and Wing opposed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
Committee of Adjustment notifications and decisions be circulated to Council for their
information.
Carried Unanimously
* * * * *
PBD-2014-12-26T-11-2013-003&AM-2013-019,Warren Woods Estates Phase 3 Draft
Plan of Subdivision and Zoning By-law Amendment Application, 7913 Kalar Road,
Owner: 2124487 Ontario Ltd ( Robert O'Dell). Agent: Upper Canada Consulting
Jennifer Vida)
Planning Analysis
Provincial Policy Statements and Growth Plan
The applications are consistent with the Growth Plan and Provincial Policy Statements as
follows:
• within the urban boundary of a Greenfield Area.
• achieves 59 people per hectare which exceeds target of 50 people/jobs/ha.
• contributes to the City's supply of building lots; and,
• maintains appropriate setbacks from Warren Creek
Garner South Secondary Plan
Lands are designated Low Density Residential, in part, Medium Density Residential, in part
and Environmental Protection Area, in part.
The applications conform to the Secondary Plan as follows:
• has an overall density of 22 un/ha
• provides a variety of lot sizes, which contributes to the variety of housing options;
• contributes to trail and open space system connecting along Warren Creek; and
• provides street connection in Warren Woods Phases 1 and 2 to the north and future
connections to the west.
- 8 - February 11, 2014
Council Minutes
Zoning
Subject lands are currently zoned Light Industrial (LI)
Lots 1-224 and Blocks 225-228 to be changed to the R3 zone with site specific provisions:
lot area; lot frontage - front setback - rear yard - interior side yard - exterior side yard -
coverage - landscape - driveway width.
The requested amendments can be supported for the following reasons:
• The regulations will facilitate compact form;
• The lot coverage regulations is unnecessary because the amount of development
which can occur will be addressed by building setbacks;
• Additional height will accommodate steeply pitched roofs; and
• Building setbacks maintain separation distances where all units will be built to the
same standard.
Block 229 to be rezoned from LI to R5A with site specific provisions: to permit an
apartment building with a minimum of 50 units and a maximum of 75 units.
Block 230 is requested to be rezoned to OS with site specific provisions for a minimum lot
area of 620 sq. m.; minimum lot frontage of 8 m. and elimination of setbacks for landscape
structures.
The EPA zone will recognize the watercourse as an important feature that should be
protected, and
The DH zone will help prevent the introduction of incompatible uses on lands abutting the
proposed subdivision.
Subdivision Design and Conditions of Approval
Is 3`d phase of development.
Connection to Phases 1 and 2 will be done extending Butternut Blvd over Warren Creek
and across the Hydro Corridor.
Applicant will have to design creek crossing to City standards and satisfy all legal
requirements of Hydro for crossing the corridor.
The lack of connectivity of Streets E, F and G will require a temporary connection between
the streets to ensure emergency access, until future subdivision occurs.
Parkland dedication will be taken as cash in lieu.
Conditions in Appendix A are standard requirements.
Conclusion
The applicant has applied to subdivide the lands and amend the Zoning By-law to guide
the construction of the dwellings on the lots and blocks.
The application and amendment can be supported for the following reasons:
• Proposal complies with the Provincial and Regional policies;
• Proposal complies with Garner South Secondary Plan with respect to densities and
housing mix;
• Proposed R3 and R5S zoning allows for compact residential development;
• Rezoning Warren Creek and existing stormwater pond to Environmental Protection
area zone will recognize and protect these features;
• Rezoning the abutting lands to the north to Development Holding will prevent the
introduction of incompatible uses; and
Recommendation
That the Warren Woods Estates Phase 3 Plan of Subdivision be draft approved subject
to the conditions in Appendix A of the staff report (PBD-2014-12)
- 9 - February 11, 2014
Council Minutes
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.
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 this report.
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.
Martin Heikoop, Upper Canada Consulting, agent for the applicant, concurs with
the report and asked for Council support in approving.
The Public Meeting was closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the report be approved as recommended.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by-laws be given a first reading.
Carried Unanimously
2014-19 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Limited Parking, Parking Meter Zones)
2014-20 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Through Highways, Stop Signs at Intersections,
Speed Limits On Highways - (Part 2- 60km/h))
2014-21 A by-law to approve the appointment of Spriet Associates as the Drainage
Engineer for the St. John's Marsh Drain Project.
2014-22 A by-law to authorize the payment of $7,702,402.11 for General Purposes.
2014-23 A by-law to amend By law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Metered Areas)
2014-24 A by-law to amend By-law No. 96-50, being a by-law to provide for
establishing parking lots in the City of Niagara Falls, and for regulating,
supervising and governing the parking of vehicles in various municipal
parking facilities thereon and charging a fee for such parking.
2014-25 A by-law to designate Lots 400, 401 and 402, Plan 59M-44 to be deemed not
to be within a registered plan of subdivision for the purpose of subsection
50(3) of the Planning Act, R.S.O. 1990. (DB-2014-001)
2014-26 A by-law to authorize the execution of an Agreement of Purchase and Sale
with 2367063 Ontario Incorporated, respecting the purchase of lands in the
City of Niagara Falls, in the Regional Municipality of Niagara.
2014-27 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 11th day of February, 2014.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by-laws be given a second and third reading.
Carried Unanimously
- 10 - February 11, 2014
Council Minutes
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that the meeting be adjourned at 7:45 p.m.
Carried Unanimously
DEAN 10 IDA, CITY CLERK JAMES M. DIODATI, MAYOR