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2006/04/24Council met on Monday, April 24, 2006 at 6:00 p.m. in an In Camera Session. All members of Council, with the exception of Alderman Wing were present. Alderman loannoni presided as Chairman. Following consideration of the items presented, the In Camera Session rose to report in open session. Vineyard Cycle Tour SEVENTH MEETING IN CAMERA MEETING ADOPTION OF MINUTES CLERK R.T (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, April 24, 2006 at 8:30 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council, with the exception of Alderman Wing were present. Alderman Selina Volpatti offered the Opening Prayer. Alderman Pietrangelo indicated that April be declared as "Education Month" in the City of Niagara Falls. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that the minutes of April 3, 2006 be approved as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Alderman Diodati declared a conflict on the In Camera item L- 2006 -20 and Council report L- 2006 -21 as he is a supplier to Loblaws. DEPUTATIONS /PRESENTATIONS Committee Room 2 April 24, 2006 Council Chambers April 24, 2006 Dawn McInnis, Fund Development Manager and Karen Stearne, Executive Director of Heart Niagara made a brief presentation to Council, informing them of the upcoming 7 Annual Vineyard Cycle Tour on Sunday, May 28 9:30 a.m. at Queenston Heights. They indicated the City of Niagara Falls has entered a team and extended an invitation to Council and the community to participate. Mayor Salci requested that Alderman Volpatti take the Chair for this matter as he was a recipient of the Heart Niagara Program. ORDERED on the motion of Alderman loannoni, seconded byAlderman Pietrangelo that a letter be sent to the Niagara Health System requesting that they reconsider funding a new cardiac rehabilitation program slated for Brock University in light of the well established program run by Heart Niagara. Carried Unanimously Marijuana Grow Operations Lee Smith, Assistant Chief and Jim Jessop, Fire Prevention Officer made a presentation to Council outlining the City's efforts to combat grow operations in the City. The process includes working with the Niagara Regional Police, inspecting for Fire Code violations, having the Chief Building Official issue unsafe building and prohibition of occupancy orders and prosecuting. The Fire Division's goal is to keep these operations out of the City. 1. Chief Administrative Officer F- 2006 -04 Marijuana Grow Operations ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell to approve the report as recommended. Carried Unanimously PD- 2006 -37 Chief Administrative Officer: Public Meeting, Cottage Rental Dwelling Study and Zoning By -law Amendment Application, AM -07 /2006, 4733 Zimmerman Avenue and 4228 Huron Street. Applicants: Tony Anna D'Amico, Proposed Cottage Rental Dwellings The report recommends that Council receive this report for information purposes; and approve the Zoning By -law amendment application to permit the dwellings on the subject lands to be used as cottage rental dwellings. The Clerk advised that a public meeting was now being convened to consider an amendment to the City's zoning by-law to permit a Cottage rental dwelling. He advised that Notice was given by First class mail in accordance with the Planning Act on Friday, March 24, 2006 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, shall leave their names on the sign -in sheet outside the Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information: Background: Cottage Rental Dwelling Study Summary of Findings 2 April 24, 2006 Council Minutes PLANNING MATTERS On August 29, 2005 Council directed staff to undertake a study on cottage rental dwellings and the possible need for locational criteria or licensing provisions. Cottage rental dwellings are a relatively new form of tourist accommodation in the City which the City has been considering on site -by -site basis through Zoning By -law amendment applications. Cottage rental dwellings are a relatively new phenomenon and it appears that only a few municipalities regulate them. Niagara on the Lake, Sarnia, Stratford and the Town of Blue Mountain all regulate cottage rental dwellings through licensing or zoning provisions. For example, Niagara on the Lake caps the number of guests at 10 persons through licensing provisions. 3 April 24, 2006 Council Minutes In Niagara Falls, most cottage rental dwellings have located close to River Rd. and close to other accommodations such as bed and breakfasts and hotels. All cottages approved in the City so far, have located in single detached dwellings and this is typical practice in other municipalities. The current practice of considering requests for cottage rental dwellings on a site -by -site basis is appropriate for the purpose of protecting the character and integrity of residential neighbourhoods. No changes to this practice are recommended at this time. In evaluating compatibility with the neighbourhood and conformity with the Official Plan, the following have been considered: appropriateness of the location of the cottage rental dwelling, if the residential character of the property will be maintained, the provision of adequate buffering and amenity space; and the appropriate siting of parking. The current Licensing and Noise By -law provisions appear to be sufficient in policing cottage rental dwellings. Should such a use result in noise and disruptive behaviour, the City can, upon investigation and collection of sufficient evidence, press charges or revoke the license of the operation. No changes to the Licensing By -law are recommended at this time. Planning Analysis Official Plan The properties are designated Residential in the Official Plan. Cottage rental dwellings are permitted as ancillary uses provided they are compatible with the surrounding neighbourhood. The proposed cottage rental dwellings conform to the Official Plan as follows: Zoning The owner intends to maintain the dwellings as single- detached residences. No changes to the dwellings or site works are proposed. A cottage rental dwelling is an alternative form of accommodation similar in scale to a bed and breakfast. The sites are adjacent to the Central Business District, are easily accessible from the Niagara Pkwy and are close to major tourist attractions. The lands are currently zoned Deferred Tourist Commercial (DC). The lands are requested to be rezoned to a site specific Residential Single Family and Tow Family (R2) zone to permit the two dwellings on the lands to be used as cottage rental dwellings. The amending by -law will restrict the use to a single cottage rental dwelling in each dwelling with regulations to control maximum occupancy and rental duration. The cottage rental dwellings are an appropriate form of use for this area as they will function as independent dwelling units, the physical appearance of the buildings and properties will be unaltered and the building could revert back to a residential use at any time. As the owners reside next door, they will be able to supervise the use of the dwellings and better ensure the properties are properly maintained. Conclusion Recommendation 4 April 24, 2006 Council Minutes The study conducted by staff on cottage rental dwellings indicates that existing Official Plan policies and Licensing and Noise By -law provisions appear to be sufficient in controlling the use. No changes to these policies and provisions are recommended. The requested amendment to permit two cottage rental dwellings withing two existing dwellings can be supported for the following reasons: The use complies with the Official Plan as it is an appropriate ancillary use for a residential area; The sites are appropriately located close to tourist attractions and are easily accessible from the Niagara Pkwy. The residential character of the properties and of the surrounding neighbourhood will not be altered. It is recommended that Council receive this report for information purposes; and approve the Zoning By -law amendment application to permit the dwellings on the subject lands to be used as cottage rental dwellings. Mayor advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Mr. Rocky Vacca, lawyer for the applicant, indicated that the location of this proposal is a great fit for the cottage rental dwellings. The owners live next door, therefore, they would not want to cause a nuisance to themselves. Mr. Vacca advised that he is in support of the report and the recommendations made by staff. Mayor Salci declared that the Public Meeting with regard to AM- 07/2006 is closed. ORDERED on the motion of Alderman Morocco, seconded by Alderman loannoni to approve the report as recommended. Carried Unanimously MAYOR'S REPORTS. ANNOUNCEMENTS Mayor Salci advised that letters of condolence were sent to the family of the late Pat Trombetta, husband of Katie Trombetta, Mayor of West Lincoln. A letter was sent to the family of the late Walter Wronski Jr, brother of Helen Craitor and brother -in -law to MPP Kim Craitor; to the family of Shane Ruddy nephew of Rich and Lisa Merlino and to the family of Frank Lewis, a former principal at Stamford collegiate and Chairman of the Niagara Falls Public Library Board from 1979 -1983. Mayor Salci advised of some recent events: The Mayor met with Minister Bradley as part of Niagara Days at Queens Park. The MS Walk took place on Sunday, April 23, 2006. Mayor Salci advised of some upcoming events: April 27 is the City Employee Recognition Awards Dinner which is being held at the Old Stone Inn. On April 27 is the MYAC film festival. Pitch -in Schools Clean up Day is being held on April 27' Arbour Day will be held on April 28 and Community Clean Sweep Day Oakes Park will take place on Saturday, April 29 at 9 a.m. 5 April 24, 2006 Council Minutes Mayor Salci extended a special thanks to Albert Zappitelli of Zappi's Pizza for the great community support on providing free pizza to the citizen volunteers who have agreed to join in the neighbourhood cleanup programs. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that a letter of thanks be sent to Mr. Albert Zappitelli and that his name be forwarded to the Recreation Committee for consideration for the Civic Pride Award. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Ontario Association of Speech- Language Pathologists and Audiologists requesting that May be proclaimed as "Better Speech, Language and Hearing Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 2. Child Find Ontario requesting that the month of May be proclaimed as "Green Ribbon of Hope month and May 25 as "National Missing Children's Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Doctor Appreciation Week request that April 24 to April 28, 2006 be proclaimed as "Doctor Appreciation Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that communications 1 -3 be approved. Carried Unanimously 4. Guy Ungaro is requesting to address Council regarding Norm Puttick and the Niagara Transit Commission. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni that Mr. Ungaro be permitted to speak at the May 8 Council meeting. Carried Unanimously LEGAL MATTERS REPORTS L- 2006 -21 Chief Administrative Officer Dorchester Road Land Exchange Vincor /Loblaws The report recommends that Council declares as surplus the lands described in items (I) and (ii) of page 2 of this report and directs the sale thereof to Loblaw and Vincor. ORDERED on the motion of Alderman Morocco, seconded by Alderman loannoni to approve the report as recommended. Motion Carried with Alderman Diodati declaring a conflict. 6 April 24, 2006 Council Minutes L- 2006 -09 Chief Administrative Officer Permanently Close Portion of Gladstone Avenue (Liberty Street) The report recommends that Council authorize staff to proceed to permanently close a portion of Liberty Street (also known as Gladstone Avenue) being that portion of Liberty Street located between Stamford Street and Highway 420. L- 2006 -17 Chief Administrative Officer Declare Surplus and Offer for Sale Land Adjacentto 8833 Willoughby Drive Parts 1,3 and 4 on Reference Plan 59R- 12941. File No. 2005 -151 The report recommends that Parts 1, 3 and 4 of Reference Plan 59R- 12941, be declared surplus and offered for sale and that any proposed purchaser pay for all costs associated with the sale, including the cost of an appraisal, reference plan and all notices. L- 2006 -19 Chief Administrative Officer Declare Surplus and Offer for Sale Parts 2, 3 and 11 on Reference Plan 59R 11438. File No. 2005 -229 The report recommends that Parts 2, 3 and 11 on Reference Plan 59R- 11438, be declared surplus and the City proceed to service it as a building lot and offer it for sale thereafter and that any proposed purchaser pay for all costs associated with the sale, including the cost of an appraisal, reference plan and all notices. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco to approve the reports as recommended. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the actions taken in Community Services, on April 24, 2006 be approved. Carried Unanimously 1) That the minutes of the April 24, 2006 meeting be approved. 2) That the recommended design stage for the installation of physical traffic calming devices on Portage Road be initiated. 3) That the traffic signage as outlined in report MW- 2006 -45 be implemented and that a traffic calming EA be initiated. 4) That the parking revisions on Ellen Avenue as recommended in report MW- 2006 -24 be initiated. 5) That the Provincial Funding be used for Road Rehabilitation and Bridge Repair Programs and for the installation of the following sidewalks in 2006: Drummond Road (from Morrison Street to Perkins Street and McLeod Road from Montrose Road to West of Pin Oak Drive). RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the "In Camera" actions, earlier this evening be approved. Motion Carried with Alderman Diodati declaring a conflict to #1. 1) That Council approve the land exchange between the parties as described in the report and proceed with report L- 2006 -21 scheduled for open Council as per the City of Niagara Falls sale of lands by -law (2003 -16). 7 April 24, 2006 Council Minutes 2) I) That Cou ncil approve the Protocol for Entering into Negotiations with Potential Downtown Redevelopment Partners and Investors in the form attached to report L- 2006 -23 at Schedule "B and ii) That Council approve the provision of a Letter of Intent to Mr. Aaron Lichtman and the Lichtman Development Group to the City's solicitors' satisfaction; and iii) That Council direct staff to thereafter proceed to perform all due diligence obligations as set out in Step 3 of the Protocol and to negotiate a Memorandum of Understanding as set out in Step 4 of the Protocol, subject to Council's approval. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the City will move forward to fund various infrastructure improvements should a legally binding M.O.U. comprehensive agreement be reached between the City of Niagara Falls and the proponent Mr. Lichtman and a company to be formed; and that the City will attempt to obtain contributors toward the infrastructure improvements from all other Government levels in order to minimize the burden on the Niagara Falls Taxpayers. Motion Carried with Alderman loannoni opposed. 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2006 -21 Major Receivables Quarterly Report. It is recommended for the information of Council PD- 2006 -36 Amendment to By -law No. 98 -151, as amended, Respecting the Conveyance of Land for Park Purposes, AM- 25/2004, Cuviello Construction Limited. It is recommended that Council pass the by -law on tonight's agenda to require the conveyance of land for park purposes for the development of approximately 23 ha (57 ac.) of tourist commercial land on the northeast corner of Lyon's Creek Road and Montrose Road. MW- 2006 -44 Tender for the Supply of Materials and Services for Pavement Markings, Contract #2005 -06 (On- Street Application), Contract #2005 -07 (Parking Lots &Other City Owned Lands). It is recommended that Provincial Maintenance be awarded the tender for Contract 2006 -06 (On- Street Pavement Markings), and that staff be directed to negotiate a service agreement for those works; and Sealer Works be awarded the tender for Contract 2006 -07 Parking Lots and other City Owned Lands), and that staff be directed to negotiate a service agreement for those works. MW- 2006 -46 Dorchester Road Reconstruction and Underground Services Utility Relocations and Project Update. It is recommended that staff be authorized to proceed with the utility relocations and the relocations be funded from the 2006 Capital Budget, Dorchester Road Environmental Assessment and Reconstruction, be approved. MW- 2006 -51 Contract 2006 -03, 2006 Asphalt Overlay Phase 1 City Wide. It is recommended that the contractor (Norjohn Contracting Limited) be retained to perform the works for the 2006 Asphalt Overlay Phase 1 for the amount shown below and that Council authorizes the Mayor and City Clerk to sign an agreement with Norjohn Contracting Ltd. 8 April 24, 2006 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the recommendations in the Consent Agenda be approved. Carried Unanimously CD- 2006 -05 Niagara Falls Hydro Board of Directors 2005 Remuneration. It is recommended for the information of Council. ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti that the report be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that the by -laws be given a first reading. Carried Unanimously 2006 -70 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2006 -71 A by -law to establish Part 4 on Reference Plan 59R -13043 as a public highway, to be known as and to form part of Hodgson Avenue. 2006 -72 A by -law to authorize the execution of an Agreement with James Walker and Virginia Walker with respect to conditions imposed by the Committee of Adjustment by decision dated November 22, 2005 under File No. B40 /2005 /NF. 2006 -73 A by -law to amend By -law No. 98 -275, which amended By -law No. 98 -151, being a by -law respecting the conveyance of land for park purposes. 2006 -74 A by -law to authorize the execution of a Subdivision Agreement with Walker Community Development Corporation respecting Block 49- Neighbourhoods of St. David's Subdivision. 2006 -75 A by -law to authorize an agreement with Loblaw Properties Limited (Loblaw) and B.W. Nomineeco Inc. (Vincor) for an exchange of lands. 2006 -76 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24 day of April, 2006. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that the by -laws be read a second and third time and passed. Carried Unanimously Project S.H.A.R.E Fundraiser NEW BUSINESS ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti that Council enter a team of 4 drivers in the Grand Prix race in support of Project Share. Carried Unanimously U.S. Passport Proposal (Western Hemisphere Travel Initiative) ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that staff look into the possibility of advertising or getting a one minute piece on LIVE with the Regis and Kelly show regarding the detrimental effects of the U.S. border passport requirement proposal. Carried Unanimously Average Household Tax Alderman Campbell outlined a document prepared by staff that showed that the average household assessment increased from $138,000 to $159,000, that the increase in overall taxesto the average household was $59.39 when Regional and education increases were added, however, the tax rates in residential, multi residential and commercial classes have decreased. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the meeting be adjourned at 10:00 p.m. DEAN IORFjSDA,kITY CLERK 9 April 24, 2006 Council Minutes R.T. TED) SALCI, MAYOR