06/10/2014 TENTH MEETING
REGULAR COUNCIL MEETING
June 10, 2014
Council met on Tuesday, June 10, 2014 at 5:15 p.m. for the purpose of considering
Regular Business matters. Councillor Fisher offered the Opening Prayer. All members of
Council were present.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor Maves that
the minutes of May 27th, 2014 be approved.
Carried Unanimously
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DISCLOSURES OF PECUNIARY INTEREST
Councillor Kerrio indicated a conflict to a communication related to the Victoria
Centre B.I.A. ; as the event is directly in front of his property.
Councillor Maves indicated a conflict to the SVCA as it abuts his propertie.
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REPORTS 5:00-6:30 P.M.
Councillor Pietrangelo Chaired the Meeting 5:15 p.m.
1. F-2014-30 - City of Niagara Falls Energy Management Plan
The report recommends that Council adopt the Energy Management Plan.
Sue Forcier and Bill Hamilton
ORDERED on the motion of Councillor Morocco, seconded by Mayor Diodati that
the report be approved as recommended.
Carried Unanimously
2. F-2014-08 - 2014 Municipal Utility Budget
The report recommends the following:
1. That Council approve the City's 2014 Municipal Utility Budgets and the water and
sewer rates for 2014.
2. That Council agree to partner with the Niagara Region on an unbilled water loss
audit.
3. That Council direct staff to prepare a rate structure review for 2015 Utility Budget.
4. That Council approve the 5 year forecast required for the City's water licence.
Todd Harrison, Director of Finance, made a presentation to Council outlining the
2014 Water & Wastewater Budget.
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ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that
recommendation # 1 be approved.
Motion Carried
with Councillor loannoni opposed
ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that
# 2-4 be approved as recommended.
Carried Unanimously
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PRESENTATIONS/ DEPUTATIONS 6:30 P.M.
Mayor's Youth Advisory Committee
Co-Chairs Stephanie Philpott and Natalie Janvary of the Mayor's Youth Advisory
Committee outlined the committee's activity over the school year and made a presentation
of a cheque, from their Masquerade for Mental Health event, to the Niagara Suicide
Prevention Coalition.
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PLANNING MATTERS 7:00 P.M.
PBD-2014-33 - 26T-11-2014-001, Southgate Estates Draft Plan of Subdivision. 6690
Montrose Road. Owner: Fernando Pingue. Agent: Doug Darbyson, Darbyson
Planning Associates
Background
The applicant has requested approval of a draft plan of subdivision for a 2.8 ha (6.9 ac)
parcel of land into 30 single detached lots, 5 lots for semi-detached dwellings and one
block for stormwater management on a cul-de-sac.
Planning Analysis
Official Plan
In 2012, Council changed the designation from Industrial to Residential.
Official Plan states that streets that terminate in a cul-de-sac are not to normally extend
beyond 150 m. The proposed cul-de-sac is about 230 m.
The subject lands are isolated from other lands to be developed for residential purposes.
Although sprinklering is not specified in the Official Plan, Ontario Building Code, or Fire
Code, Fire Services holds the position that an additional level of protection is necessary
to ensure the safety of future residents in that subdivision.
The Fire Department has advised that they would accept sprinklers or an alternative fire
safety measure.
Other municipalities have required similar conditions of draft approval.
Zoning
In 2012, Council changed the zoning from site specific Prestige Industrial zone to a site
specific Residential Mixed (R3-972) zone.
Current zoning provides appropriate provisions for development of lots for single detached
and semi-detached.
The R3-972 zone has two site specific regulations. The subdivision design can
accommodate:
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► 14m setback for all buildings and structures from QEW right of way ( affecting Lots
17 & 18) which is a Ministry if Transportation requirement; and
► 20 m setback for dwellings on the south property line (affecting Lots 19-35) which
is a Ministry of the Environment guideline between residential and industrial uses..
Conditions of Approval
The Noise Study recommends the following:
► an acoustic noise barrier between 2.2m and 4.5 m in heigh along the QEW;
► Upgraded building construction and central air conditioning for the lots in proximity
to the QEW
► 2.3 m high acoustic barrier along the side and rear lot lines of the lots in proximity
to Montrose Rd.
► A warning clause regarding potential noise impacts is to be registered on all the lost.
Region has requested 2.3 m high wood fence be erected adjacent to the south lot line to
screen the future residents from industrial uses to the south.
Tree preservation report also recommends native trees be planted to compensate for loss
of trees on the property.
Conclusion
Applicant has applied to subdivide 2.8 ha of land into 30 lots for single detached dwellings,
5 lots for semi-detached (10 units in total and 1 block for stormwater management on a cul-
de-sac.
The request can be supported for the following reasons:
► The subdivision complies with eh Residential Policies in the City's Official Plan.
► The lands comply with the site-specific Residential Mixed (R3-972) zone;
► A condition is included to require mitigative measures to ensure noise levels are
attenuated to Ministry of the Environment standards.
► A condition is included to require fire safety issues be addressed for lots beyond
150 m from Montrose Rd.
Recommendation
That the Southgate Estates 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.
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 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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Doug Darbyson, agent for the applicant, accepted the staff support and
recommendations and requested Council approve the report with the omission of# 6 on
Appendix A.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher
that the report be approved with the omission of#6 on Appendix A.
Motion Carried
with Councillor Wing opposed
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MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati offered condolences to the Steve Norris, city employee on the
passing of his father, Frank Norris; to Mary Muraca, city employee on the passing of her
mother-in-law, Maria Muraca and to Frank Bartolini, Fire Department, on the passing of his
mother, Claudina Bartolini.
Mayor Diodati advised of recent events: Fcm Niagara; Springlicious; Tim Hrton's
Camp Day; Mayors Breakfast with Premier Wynn; Goldhar & Associates grand opening;
ground breaking for Niagara Falls International Railway Station and Intermodal
Transportation Centre; Marilyn's Restaurant at the Tower.
Mayor Diodati advised of upcoming events: Draft Culture Plan Open House June
11th at 6:30 at the Niagara Falls History Museum; June 13th Habitat for Humanity Wood
Signing Ceremony; Celebrate Old Downtown's Music in the Park Event on Fridays during
the summer in Civic Square; Niagara Concerts Sounds of Chicago June 14th; Traditional
Indian Kite Festival and Picnic June 15th at Queenston Heights; 61" Annual Rose and
Flower Show June 19th; 5th Annual Deborah Robert Memorial Golf Tournament June 20th;
Walk and Talk with the Mayor June 21st; Generations Sport and Spine Physiotherapy
Centre grand opening and July 1st Canada Day celebrations.
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Main & Ferry B.I.A. - requesting approval of their 2014 budget.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the communication be approved.
Carried Unanimously
2. Lundy's Lane B.I.A. - requesting approval of their 2014 budget.
RECOMMENDATION: For the Approval of Council.
3. Victoria Centre B.I.A. - requesting use of the City owned promenade for their
"Summer of Thrills" Event.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the communication be approved.
Motion Carried
with Councillor Kerrio declaring a conflict
4. Velo Quebec Voyages - requesting relief from the Noise By-law, temporary
signage and grants equal to permit fees.
RECOMMENDATION: For the Consideration of Council.
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ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the communication be referred to staff and a report be brought back to Council.
Carried Unanimously
5. Stamford Centre Volunteer Fireman's Association - Request relief to the
City's Noise Bylaw.
RECOMMENDATION: For the Consideration of Council
RESOLUTIONS
NO.12 - THOMSON - PIETRANGELO - Therefore be it resolved that Niagara Falls
City Council considers "One Love: Order at the Border", as an event of municipal
significance and supports the provision of a Special Occasion Liquor Licence(SOP)
for the event.
Carried Unanimously
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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-2014-28 - Low Income Seniors' Water Rebate/Property Tax Rebate. The report is
recommended for the Information of Council.
F-2014-29 - 2014 Schedule of Fees for Services. The report recommends that the
Schedule of Fees as presented in the attached schedule, be approved effective July
1, 2014.
FS-2014-01 -Regional Fire Investigation Tracking Database.The report recommends
that Council authorizes the Fire Chief to execute the multi-lateral agreement between
the Region of Niagara and the other lower-tier municipal partners in Niagara for the
purpose of sharing access to the Fire Investigation Tracking Application (database)
that has been developed by the Region of Niagara.
MW-2014-17 - George Bukator Park - Information Update. The report recommends
the following:
1. That this report be received for information.
2. That the proposed improvements at George Bukator Park be referred to future
Capital and Operating budgets for consideration.
3. That City staff be directed to assist the Niagara Falls Rowing Club to develop
a business plan to locate its facility a George Bukator Park.
4. That City staff pursue (both monetary and/or in-kind funding) partnerships to
achieve the proposed improvements to George Bukator Park.
MW-2014-25 - Huron Street Sewer Separation, Watermain Replacement and Road
Reconstruction Project - Additional Funds. The report recommends the following:
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1. That $16,500 in additional funds required to retain AMEC Earth and
Environmental(AMEC)to complete a Hydrogeological Assessment in support
of a Permit to Take Water ( PTTW) from the Ministry of the
MW-2014-26 - Willoughby Drive (Charles Ruch) Bridge Rehabilitation. The report
recommends the following:
1. The contract be awarded to the lowest bidder Jarlian Construction Inc. at the
lowest price of$554,487.00.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
3. That the 2014 Capital Budget be amended to reflect the increase in funding for
the project.
PBD-2014-34 - PLC-2014-002, Request for Removal of Part Lot Control Lot 31,
Registered Plan 59M-52, Parts 1 and 2, Plan 59R-6962 ( 6673-6675 Dawson Street)
Dorchester Square Subdivision. Applicant: Joseph & Carmela Bruni. The report
recommends the following:
1. That Council approve the request and pass the by-law included in tonight's
agenda to designate Lot 31 on Registered Plan 59M-52, as exempt from Part
Lot Control for a period of two years.
2. That the applicant be required to notify the City when the new deeds for the
lots have been registered.
PBD-2014-35 - DRU-2014-004, 5793 Main Street, Facade Improvement Grant &
Commercial Building Grant.Applicant: Karen Zimakas.The report recommends that
Council approve the Facade Improvement Grant and Commercial Building
Improvement Grant Applications for 5793 Main Street(Karen Zimakas)subject to the
owner satisfying the program requirements
PBD-2014-36 - PLC-2014-003, Request for Removal of Part Lot Control, Block 81,
Registered Plan 59M-388. 8713-8719 Dogwood Crescent, Warren Woods Phase 1
Subdivision. Applicant: 1340258 Ontario Inc. (Warren Woods). The report
recommends the following:
1. That Council approve the request and pass the by-law included in tonight's
agenda to designate Block 81 on Registered Plan 59M-388, as exempt from
Part Lot Control for a period of three years.
2. That the applicant be required to notify the City when the new deeds for the
parcels have been registered.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher
that the reports on the Consent Agenda be approved.
Carried Unanimously
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BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Fisher that the by-laws be given a first reading.
Carried Unanimously
2014-68 A by-law to authorize the execution of a Lease Amendment Agreement
with Niagara Falls Curling Club Limited respecting amendments to the
existing Lease Agreement.
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2014-69 A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Speed Limits on Highways - Part 2
(60 km/h), Speed Limits on Highways - Part 3 (70 km/h), Speed Limits
on Highways - Part 4 (80 km/hr))
2014-70 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
2014-71 A by-law to designate Lot 31, Registered Plan 59M-52, not be subject
to part-lot control (PLC-2014-002).
2014-72 A by-law to designate Block 81, Registered Plan 59M-388, not be subject
to part-lot control (PLC-2014-003).
2014-73 A by-law to amend By-law No. 79-200, to permit a four storey, 39 unit
apartment dwelling on the Lands,and to repeal By-law No.2008-102(AM-
2013-008).
2014-74 A by-law to provide for the adoption of Amendment No. 114 to the City
of Niagara Falls Official Plan (AM-2014-001).
2014-75 A by-law to amend By-law No. 79-200, to permit two, 3 storey apartment
dwellings, containing a total of 72 units, subject to the removal of a
holding (H) symbol and to repeal By-law No. 81-283 (AM-2014-001).
2014-76 A by-law to amend By-law No. 79-200, to permit the Lands to be used
for commercial purposes (AM-2014-003).
2014-77 A by-law to fees and charges for various services, licences and
publications for the City of Niagara Falls.
2014-78 A by-law to amend by-law 89-2000, a by-law regulating parking and
traffic on City Roads.
2014-79 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 10`h day of June, 2014.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Fisher that the by-laws be given a second and third reading.
Carried Unanimously
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ORDERED on the motion of Councillor Mayes seconded by Councillor Kerrio
that the meeting be adjourned at 8:15 p.m.
Carried Unanimously
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DEAN IORFI A, CITY CLERK JAMES M. DIODATI, AYOR