12/09/2014 SEVENTEENTH MEETING
REGULAR COUNCIL MEETING
December 9, 2014
Council met on Tuesday, December 9, 2014 at 4:00 p.m. for an In Camera session.
All members of Council except Councillor loannoni were present.
NO. -KERRIO-DIODATI -THEREFORE BE IT RESOLVED on December 9, 2014 at 4:00
p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled
meeting at 5:00 p.m. to consider matters that fall under the subject matter of 239(f), advice
that is subject to solicitor-client, related to Chippawa flooding matters and City-owned
lands known as the former CP Rail right of way and matters that fall under the subject
matter of 239(c)a proposed disposition of lands related to the laneway between Buttrey
and Ferguson and Hickson and Broughton, and aquisition of lands at 6915 Lundy's Lane
and 5628 Montrose Road, and a matter that falls under the subject matters of 239(2)(d),
labour relations or employee negotiations, and 238(2)(b), personal information of an
identifiable individual.
FURTHER BE IT RESOLVED THAT on December 9,2014 the City Clerk, Dean lorfida,
delegates his authority for the purposed of the Closed Meeting to the Director of HR, Trent
Dark; and
FURTHER BE IT RESOLVED THAT the Director of HR will record without note or
comment all recommendations to Council emanating from the Closed Meeting; and
FURTHER BE IT RESOLVED THAT the Clerk will resume his duties upon conclusion of
the Closed Meeting agenda.
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
Council met on Tuesday, December 9, 2014 at 5:35 p.m. for the purpose of
considering Regular Business matters. Mayor Diodati offered the Opening Prayer. All
members of Council except Councillor loannoni were present.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco , seconded by Councillor Craitor
that the minutes of November 11, 2014 and Inaugural Minutes of Deceber 2, 2014 be
approved.
Carried Unanimously
* * * * *
DISCLOSURES OF PECUNIARY INTEREST
Councillor Morocco indicated direct and indirect pecuniary interests with cheque
numbers 379012, 379047 and 378848, made payable to herself and her spouse.
Councillor Campbell indicated direct and indirect pecuniary interests with cheque
numbers 378635 and 378633 made payable to himself and his spouse, respectively.
Councillor Kerrio indicated a pecuniary interest to the In Camera report L-2014-21
related to the lease related to Steel Rail entertainment.
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Councillor Strange indicated a pecuniary interest to cheque number 378813, made
payable to himself.
Councillor Pietrangelo declared a pecuniary interest to a wire transfer made to the
Niagara Catholic District Board, his employer and a cheque made payable to himself.
Mayor Diodati indicated a pecuniary interest to cheque number 378663, made
payable to himself.
* * * * *
PRESENTATIONS/ DEPUTATIONS 5:00 P.M.
Niagara Falls BMX Proposal
Jim Jervis from the Niagara Falls BMX Association made a presentation on a
proposed BMX facility for the municipality and the benefits of such a facility.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the matter be referred to staff for a report.
Carried Unanimously
Niagara Parks Commission
Janice Thomson, Chair and John Lohuis, General Manager made a presentation
to Council regarding the Niagara Parks Commission mission, mandate and vision.
Niagara Peninsula Conservation Authority
Carmen D'Angelo, CAO/ Secretary Treasurer of the NPCA presented his
organization's Strategic Plan to Council.
Winter Maintenance Program
John Morocco and Marianne Tikky, from the Municipal Works Department made
a presentation to Council outlining the Winter Maintenance Program in the City.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Craitor
that staff investigate and report back on windrow maintenance for the seniors and people
with disabilities.
Carried Unanimously
* * * * *
REPORTS
CD-2014-10 - 2015 Council Meeting Schedule
The report recommends that Council approve the proposed 2015 schedule; and
that Council make a decision regarding the tentative January 13' meeting.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson
that the 2015 Schedule be approved without a meeting on January 13tH
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-2014-49 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totaling $6,343,980.78 for the period October 23, 2014 to November
12, 2014.
F-2014-51 -Approval of Interim 2015 Spending Limits. The report recommends that in
absence of an adopted 2015 General Purposes Budget, City Council approves that City
departments be allowed to incur costs to a level of 50% of the departments' expenditure
budget of the prior year.
PBD-2014-61 -DOW-2014-006, Commercial Building Grant,4397-4399 Queen Street,
Owner: Yolanda Cserpes, Agent: Attila Cserpes. The report recommends that Council
approve the Commercial building Improvement Grant Applcations for 4397-4399 Queen
Street (Yolanda Cserpes) subject to the owner satisfying the program requirements.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the Consent Agenda be approved.
Carried Unanimously
TS-2014-39 - Downtown BIA Request for 2-hour On-street Free Parking in December
The report recommends the following:
1. That two-hour free parking in the Downtown Core during the Month of December
at on-street parking meters and on-street pay and display machines only, be
approved.
2. That the Downtown B.I.A offset the lost revenue from paid parking during the month
of December 2014 from their annual budget
Nem Kuntos, General Manager of the Downtown B.I.A. indicated that past requests
for free parking in December for the Downtown were offset through either the C.I.P. fund
or City coffers and were not offset by the B.I.A. budget.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange
that lost revenue from paid parking be taken from the parking department budget.
Motion Carried
with Councillor Kerrio opposed.
PLANNING MATTERS 7:00 P.M.
PBD-2014-57-AM-2014-009,Zoning By-law Amendment Application, Lots 33-37, Plan
408, 9275-9311 Shoveller Drive,Applicant: 800460 Ontario Limited ( Fred Costabile).
Agent: Carmela Agro, Upper Canada Consultants. Proposal: Townhouse
Development
Background
Applicant is requesting a zoning by-law amendment for five lots on Shoveller Dr to allow
the lots to be developed for townhouse dwellings in conjunction with the lands of Block 97
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which abuts the lots to the north and east.
Zoning is requested to be changed from Residential Single Family 1E Density (R1 E-931)
to same Residential Low Density, Grouped Multiple Dwellings (R4-932) zone that applies
to Block 97 to permit them to be developed with townhouse dwellings.
Neighbourhood Open House
Held on November 4, 2014, no neighbours attended to hear the proposal or provide
comments.
Planning Analysis
Official Plan
Lands are designated Residential in the Official Plan and part of Special Policy area 44
(Fernwood).
Fernwood area is intended to be developed with integrated housing mix, including single
detached, townhouse dwellings with an overall density of 14.8 un/ha (6 un/ac)
Subdivision meets the minimum required density, but is comprised of mainly lots for single
detached dwellings.
Conversion of these five single detached lots into townhouse dwellings will assist in
providing housing choices for residents.
Zoning By-laws
Applicant is requesting the R4-932 zoning that applies to Block 97 to be extended onto the
subject lands.
Zone permits townhouse dwellings as well as low rise apartment dwellings.
Height restrictions and building setbacks contained in the R4-932 zone will ensure
compatibility with abutting single detached lots.
A small strip of land along the north side of a portion of Block 97 is zoned Environmental
Protection Area (EPA-933) to provide a natural buffer area for the adjacent woodlot.
The R4-932 zone requires a 5 m building and structure setback from the portion of Block
97 zoned EPA 933 zone to protect a row of trees that exist in this location.
The subject lots are not affected by this zone as they are sufficiently removed from them.
A Plan of Condominium application is anticipated to allow the division and sale of the
townhouse dwelling units that will be built on the subject lots and Block 97.
Recommendation
That Council approve the Zoning By-law amendment application to rezone Lots 33-37 Plan
408 Residential Low Density, Grouped Multiple Dwellings (R4-932) to permit them to be
developed for townhouse dwellings together with Block 97.
Jennifer Vida, Upper Canada Consultants, on behalf of the applicant was in
agreement with the staff report.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the recommendation report be approved.
Carried Unanimously
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PBD-2014-58 - 26CD-11-2014-003 Plan of Condominium ( Vacant Land) Ironwood
Street, Block 98, Plan 59M-408 (Fernwood Subdivision Phase 3) Applicant: 800460
Ontario Ltd. ( Fred Costabile), Agent: Carmine Agro, Upper Canada Consultants.
Proposed: 29 Unit Vacant Land Condominium
Proposal
Applicant proposes to develop two parcels of land totaling 1.17 ha (2.9 ac) on the corner
of Kalar Road and Angie Drive.
Condominium is comprised of 29 units for townhouse dwellings.
Applicant is also applying to amend the zoning of the two blocks to permit the proposed
development.
Public Meeting
The Planning Act requires a public meeting for vacant land condominium applications
which is satisfied by tonight's meeting.
Planning Analysis
Official Plan
Designated Residential, part of Special Policy Area 44 that encompasses entire Fernwood
Special Policy area requires a minimum density of 14.8 un/ha (6 un/ac)
Development of subject lands for townhouses assists subdivision in achieving required
density.
Development also contributes to the required short term (3 yr)supply of housing mandated
for future needs. The City has a 6 yr supply.
Zoning By-law
Property is zoned Residential Low Density, Grouped Multiple Dwellings (R4-932) with site
specific regulations.
This zone permits the proposed townhouse dwellings.
Relief from several zoning provisions was obtained through the Committee of Adjustment.
No appeals were filed.
Jennifer Vida, Upper Canada Consultants, on behalf of the applicant was in
agreement with the staff report.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the recommendation report be approved.
Carried Unanimously
MISCELLANEOUS PLANNING MATTERS
PBD-2014-60, AM-32/2005, Official Plan and Zoning By-law Amendment Application
Chippawa West Phase 2 - Stage 2 Plan of Subdivision. Applicant: Queensway
Chippawa Properties Inc. (Metrus Developments). Removal of Holding (H) Symbol.
The report recommends that Council pass the by-law appearing on tonight's agenda
to remove the holding (H) symbol from By-law No. 2006-205 which zones the subject lands
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R3(H)-760.
PBD-2014-59,AM-2014-59,AM-2010-004,Official Plan and Zoning By-law Amendment
Applicant: Oldfied Plan of Subdivision. Applicant: 800460 Ontario Limited ( Fred
Costabile). Agent: Eric Henry. Removal of Holding (H) Regulations
The report recommends that Council pass the by-law appearing on tonight's agenda
to remove the holding (H) symbol from By-law No. 2011-68 which zones the subject lands
R1 E(H)-941 and R3(H)-943.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell
that the reports be approved as recommended.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati advised of recent events: Holiday Trillium Dinner with Premier Wynne,
Winter Festival of Lights opening, Santa Claus Parade, Angels Everywhere at Christ
Church, 50th Anniversary of Four Brothers Restaurant, City of Niagara Falls Volunteer
Recognition evening, unveiling of the Samuel Zimmerman story board at Queen and Erie,
Westlane Secodary School Principal's Honor Roll Banquet, John Michael's Mental Health
Fundraiser, Toys for Tots at Stamford Lion's, NHS Stakeholder Visioning Day, visit by the
Minister of Fisheries and Oceans, 80th Anniversary of the Niagara German Club, DDB's
Boutique opening, Two Sisters Vineyards event, Christmas Wishes on Queen Street and
Planet 3 Communications opening.
Mayor Diodati advised of upcoming events: Inaugural meeting of the Niagara
Regional Council, 2 Day FM Good News Breakfast, Tide and Vine Oyster House opening
and Illumination of the Teenage Mutant Ninja Turtles display.
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Minister of Veterans Affairs - approving funding for restoration of the Krupp
M-16 gun at the Armoury Niagara Falls Military Museum.
RECOMMENDATION: For the Information of Council and Approval of the related
Execution Agreement.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the request be approved.
Carried Unanimously
2. Mayor's Youth Advisory - Requesting 50 cent student bus rides for Christmas
Break 2014 and March Break 2015.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Campbell that the request be approved.
Carried Unanimously
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RATIFICATION OF "IN CAMERA" MATTERS
ORDERED on the motion of Councillor Campbell, seconded by Councillor Thomson
that the recommendations from the December 9th, 2014 meeting be approved.
1. Disclosure of investigative Reports in situations involving pending litigation.
That staff prepare an information piece on the December 2013 flooding event for affected
property owners.
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December 9, 2014
2. L-2014-20
Canadian Specialty Castings - Conveyance of Part of Lane
That the laneway between Buttrey and Ferguson, Hickson and Boughton be conveyed to
Canadian Specialty Castings Ltd. for nominal consideration.
3. L-2014-21
Steel Rail Entertainment Inc. - Extension of Due Diligence Period of Lease
That the due diligence period for the Lease between the City and Steel Rail Entertainment
Inc. be extended for one year ending December 31, 2015, subject to the deletion of the
portion, of the former rail line, that crosses Marineland Parkway and extends through
Marineland, that staff continue to meet with affected stakeholders and that the Mayor and
Clerk be authorized to execute the extension agreement.
4. F-2014-53
Nagy Property Purchase
Council approve the purchase of the Nagy lands for an amount of $675,000 for future
cemetery expansion and authorize staff to sign the appropriate documents.
5. Property Matter: Corner of Lundy's Lane and Dorchester Road
That the City has no current need for the property but staff be directed to meet with the
property owner.
Motion Carried
with Councillor Craitor opposed to item #5 and Councillor Kerrio indicating a pecuniary
interest with item #3.
RESOLUTIONS
NO. 21 -THOMSON - KERRIO -THEREFORE BE IT RESOLVED that Niagara Falls City
Council considers the 2015 Icewine Festival 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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BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by-laws be given the appropriate readings and approved.
Carried Unanimously
2014-159 A by-law to amend By-law No. 2005-112, being a by-law requiring an
emergency management program for the protection of public safety, health,
the environment, the critical infrastructure and property, and to promote
economic stability and a disaster-resilient community.
2014-160 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Metered Areas)
2014-161 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.
2014-162 A by-law to amend By-law No. 2011-68, which amended By-law No. 79-200,
to remove the holding symbol (H) on the lands on the north side of Oldfield
Road, west of Drummond Road, to allow development on a portion of the
Oldfield plan of subdivision (AM-2010-004).
2014-163 A by-law to amend By-law No. 2006-205 to remove the holding symbol (H)
on part of the lands east of Tallgrass Avenue, south of Saw Mill Drive and
Chemonda Street, to allow development on a portion of the Chippawa West,
Phase 2 Plan of Subdivision (AM-32/2005)
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December 9, 2014
2014-164 A by-law to repeal By-law 2009-46, a by-law to require owners of residential
dwelling units, hotels and boarding lodging or rooming houses to install and
maintain carbon monoxide warning equipment in buildings.
2014-165 A by-law to authorize the execution of a Subdivision Agreement with
Queensway Chippawa Props. Inc. respecting Chippawa West Phase II-Stage
2 Subdivision, subject to all conditions of the Subdivision Agreement being
met to the satisfaction of the Director of Planning, Building and Development.
2014-166 A by-law to amend By-law 98-224, being a By-law to designate an area as
an Improvement Area and to establish for such area a Board of
Management.
2014-167 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking
Prohibited, Limited Parking, Stop Signs at Intersections, Designated Lanes)
2014-168 A by -law to hereby authorize the execution of an Ontario Community
Infrastructure Fund (OCIF) Formula Contribution Agreement (CA) between
Her Majesty the Queen in right of the Province of Ontario, as represented by
the Minister of Agriculture, Food and Rural Affairs and the City of Niagara
Falls.
2014-169 A by-law to hereby authorize the Mayor and Treasurer to execute a 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.
2014-170 A by-law to hereby authorize the execution of Contribution Agreement, under
the Cenotaph Restoration Program, between Her Majesty the Queen in right
of Canada, as represented by the Minister of Veteran Affairs and the City of
Niagara Falls.
2014-171 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
2014-172 A by-law to authorize the payment of $6,343,980.78 for General Purposes.
2014-173 A by-law to authorize the execution of an Agreement of Purchase and Sale
with Hedvig Marie Nagy, respecting the purchase of lands in the City of
Niagara Falls, is the Regional Municipality of Niagara.
2014-174 A by-law to authorize the execution of an Agreement of Purchase and Sale
with Canadian Specialty Castings Ltd., respecting the sale of lands int eh
City of Niagara Falls, in the Regional Municipality of Niagara.
2014-175 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 9th day of December, 2014.
* * * * *
NEW BUSINESS
Recognition for Nancy Eidt
ORDERED on the motion of Councillor Thomson,seconded by Councillor Campbell
that staff investigate naming recognition for Nancy Reynolds Eidt, preferably related to the
City's Library Services and that the Library Board make a presentation on the future of the
Stamford Library Branch. Carried Unanimously
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December 9, 2014
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the meeting be adjourned at 8:05 p.m.
Carried Unanimously
* * * * *
DEAN IOti-16)4rj
Cl Y CLERK JAMES M. DIODAr4:,._
, AYOR