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2009/11/02COUNCIL MEETING Monday, November 2, 2009 Order of Business and Agenda Package COUNCIL MEETING November 2, 2009 PRAYER: Councillor Diodati ADOPTION OF MINUTES: Council Minutes of October 19` 2009 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS /PRESENTATIONS Niagara Falls Titans Under -18 Soccer Team The Niagara Falls Titans team will be recognized for wining the Silver at the National Championships. The Team: Johnny Bandi, Robbie Farquharson, Jacob Glantz, Mike Palomba, Dylan Simon, Adam Whitwell, Matt Baldassarro, Lucas Folino, Chris Lanni, Derek Paterson, Aaron Van Velzen, Carlos Williams, Kyle Camposarcone, Anthony Fruci, Malcolm Mings, Eddy Sidani, Brad Van Hoffen. Head Coach: Dan Pereira, Assistant: John Portanova, Manager: Nick Palomba and Trainer: Ron Van Velzen Public Meeting AM- 2009 -016, Zoning By -law Amendment Application 6432 Thorold Stone Road Applicant: Niagara Child and Youth Services Foundation Proposed Group Home Background Material: Recommendation Report: PD- 2009 -83 -AND - Correspondence from the Niagara Region Correspondence from Brian Sinclair -2 PLANNING MATTERS Public Meeting AM- 2009 -017 - Zoning By -law Amendment Application 4354 and 4374 Drummond Road Applicant: City of Niagara Falls Permit the Option of Using the Two Subject Lots as One Lot to Recognize the Existing Business Background Material: Recommendation Report: PD- 2009 -82 Background Material: Recommendation Report: PD- 2009 -86 Public Meeting Proposed Change from a Residential Loan to a Residential Grant to Encourage the Renovation of Older Apartments and Unused Vacant Space Above Businesses Along Queen Street and Erie Avenue MAYOR'S REPORTS, ANNOUNCEMENTS - 3 - COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. TESL - Request that the week of December 6 -12, 2009 be proclaimed as "English as a Second Language Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 2. Town of Lincoln - Letter from the Mayor of Lincoln on the Upload of Social Program Costs. RECOMMENDATION: For the Information of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. * REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -170 A by-law to require pre-consultation on certain Planning Act applications in the City of Niagara Falls. 2009 -171 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, Heavy Vehicle Restriction, Stop Signs at Intersections) 2009 -172 A by -law to temporarily close part of a highway. ( HANDOUT) 2009 -173 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 2n day of November, 2009. NEW BUSINESS Community Services Department Parks, Recreation & Culture Inter- Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: Awards at Council - Monday, November 2, 2009 Niagara Falls Titans Under -18 Soccer Team - National Silver Niagara,Falls DATE: October 15, 2009 In mid - October, the Niagara Falls Titans Under -18 Soccer Team came home with Silver from the National Championships. The team travelled to Alberta for the Sony Under -18 Cup. Although they lost to the host province, the Silver Medal is a major accomplishment. The Niagara Falls Titans qualified for the Nationals by winning the Ontario Cup Championship in July. It was the first time in the City's history a soccer team has earned the right to play for a Canadian Championship. In Alberta, the Niagara Falls Titans beat Manitoba's Portage Trail team 2 -0 and then Saskatchewan's Hollandia Gremio 3 -0. On Saturday, October 10, the Titans played to a 0 -0 draw, setting up a crucial game against B.C. in the final round -robin game on Sunday. To advance to the gold -medal game, they had to beat B.C. by four goals in order to beat Quebec's plus -3 goals for advantage. After being down 3 -1 in the first half, the Titans came back in dramatic fashion with six goals in just 25 minutes in the second half to get the four -goal differential they needed. After winning the game on Sunday, the team ran into a wall on Monday. The Alberta Foothills Crew won the championship 7 -1. The Niagara Falls goal came from Carlos Williams. Congratulations to the Niagara Falls Titans Under -18 Soccer Team for their accomplishment of the Naitonal Silver. This achievement is a major step forward for the local soccer association, which now has earned an under -21 entry in the Ontario Soccer League. The Team Members are listed below: Johnny Bandi Robbie Farquharson Jacob Glantz Mike Palomba Dylan Simon Adam Whitwell Dan Pereira, Head Coach Ron Van Velzen, Trainer Matt Baldassarro Lucas Folino Chris Lanni Derek Paterson Aaron Van Velzen Carlos Williams John Portanova, Assistant Coach Nick Palomba, Manager cc. Dean Iorfida, Kathy Moldenhauer, Denyse Morrissey Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Kyle Camposarcone Anthony Fruci Malcolm Mings Eddy Sidani Brad Van Hoffen Building & By -Law Services PD- 2009 -83 NiagaraMks, November 2, 2009 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development SUBJECT: PD- 2009 -83 AM- 2009 -016, Zoning By -law Amendment Application 6432 Thorold Stone Road Applicant: Niagara Child and Youth Services Foundation Proposed Group Home RECOMMENDATION That Council approve the Zoning By -law Amendment application to permit the property to be used as a group home for up to 10 persons, subject to the provision of a minimum of 3 parking spaces located entirely on the subject property. EXECUTIVE SUMMARY The zoning amendment to permit the property to be used for a group home for up to 10 persons on the land can be approved for the following reasons: It complies with the Official Plan policies respecting the location of ancillary uses in residential areas. Changing the use of the property from a temporary residence for up to 6 adults and their children to a group home with up to 10 residents will not intensify the use of the property and should be compatible with the surrounding land uses. Requiring a minimum of 3 on -site parking spaces will ensure sufficient parking is available for staff. The provision of 3 on -site parking spaces and the Region's required dedications for road widening and a daylighting triangle can be addressed through Site Plan Control. BACKGROUND Proposal The amendment is proposed for a 1,045 square metre (0.26 acre) parcel of land known municipally as 6432 Thorold Stone Road (see Schedule 1). The land is currently zoned Residential Apartment 5A Density (R5A -93) with site specific regulations that allow the existing building to be used as a temporary residence for up to 6 adults and their children at one time (formerly Nova House). The zoning of the land is requested to be changed to November 2, 2009 - 2 - PD- 2009 -83 a new site specific R5A zone to allow the property and the existing building thereon to be used as a group home for up to 10 children ages 6 -14 who have mental health issues. Site Conditions and Surrounding Land Uses The dwelling on the property was formerly used as a temporary shelter for women in crisis. A total of 6 parking spaces currently serve the site which are partially on the City's right -of- way and accessed directly from St. James Avenue. The property is mainly surrounded by single detached dwellings. There are two commercial uses on the north side of Thorold Stone Road across from the site. Other commercial uses are located along Thorold Stone Road to the east and west of the site. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: Regional Municipality of Niagara • Building Services No objections from a Provincial or Regional perspective. The proposal will provide a social service for the community. A holding (H) symbol is requested to be included in the amending by -law to ensure the required road widening and daylighting triangle is obtained. (Note: The City's Official Plan does not allow this.) A Change of Use Building Permit will be required. Assessment of Development Charges and comments regarding Ontario Building Code will be dealt with at the Building Permit stage. • Transportation Services Parking at a rate of 0.33 spaces per living unit (or 3 parking spaces) should be provided for the group home. The site is currently served by 6 parking spaces that partially encroach onto the Municipal right -of -way and are directly accessed from St. James Street. These spaces do not conform to municipal standards. In order to accommodate 3 on -site parking spaces, the applicant will be required to extend the existing asphalt area to allow manoeuverability of 3 vehicles in a parallel position adjacent the building. • Legal Services, Municipal Works, Fire Services No objections. November 2, 2009 - 3 - PD- 2009 -83 ANALYSIS The land is designated Residential by the Official Plan. Ancillary uses, including group homes, may be permitted where compatible. The group home will be located with the existing building that has been used for a similar purpose since 1982. A degree of compatibility has been achieved between the use of this property and surrounding uses and conversion to a similar use is not expected to affect this compatibility. As the building accommodated up to 6 adults and their children (exclusive of staff), permitting the building to be used house up to 10 individuals is not expected to increase the intensity of use. In addition, as the use is not expected to generate a significant amount of traffic, and the site has ready access to Thorold Stone Road, no traffic impacts from this use are anticipated. The current zoning of the site permits the existing building to be used as a "Special Residence, Emergency Care ", providing temporary accommodation and assistance to up to 6 adults and their children that require immediate emergency shelter. The applicant is requesting this zoning be repealed and replaced with a new site specific R5A zoning that will permit the property to be used as a group home for up to 10 children, ages 6 -14, who because of mental health issues need to live in a supervised residence. The home will be staffed 24 hours a day. The amending by -law will include the following definition of a group home: "GROUP HOME" means a residence licensed, supervised, approved or funded under a federal or provincial statute for the accommodation of three (3) to ten (10) persons, excluding staff or the receiving family, living under responsible supervision and who, by reason of their intellectual, mental health, social or physical condition or legal status, require a group living environment for their well being. No changes are proposed to the development standards that apply to the property. Although no additions to the existing building are currently contemplated, any additions in the future will have to comply with the R5A zone regulations. According to the zoning by -law group homes are required to provide a minimum of one parking space. The applicant has informed staff that up to 3 staff will be at the facility at any given time. Transportation Services noted that, in accordance with accepted parking generation manuals, 3 parking spaces would generally be required for the proposed facility. Therefore, it is appropriate to require a minimum of 3 on -site parking spaces for the facility. In accordance with Transportation Services comments, these spaces should be provided entirely on the subject lands and they have recommended an extension of the existing asphalt to allow manoeuverability of 3 vehicles in a parallel position adjacent the building. SITE PLAN CONTROL The provision of the required parking spaces and the Region's request for land dedications for a road widening and a daylighting triangle can be addressed through Site Plan Control. CITY'S STRATEGIC COMMITMENT This application does not specifically impact on any of Council's strategic priorities but does provide a necessary service for City residents. November 2, 2009 - 4 - LIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 - Survey sketch of property A.Bryce:mb Attach. S: \PDR12009 \PD- 2009 -83, AM- 2009 - 016,6431 Thorold Stone Rd.wpd Ken Tddd Chief Administrative Officer PD- 2009 -83 Recommended by: / gig - cti 3 e& Alex Herlovitch, Director of Planning & Development Approved by: Respectfully submitted: Ed Dujlovic, E ecutive Director, Community Services November 2, 2009 -5- SCHEDULE 1 LOCATION MAP PD- 2009 -83 Amending: the Zoning By -law No. 79.200 Location: 6432 Thorold Stone Road Applicant: Niagara Child & Youth Services Foundation AM- 2009 -016 September 2009 November 2, 2009 - 6 - SCHEDULE 2 PD- 2009 -83 THOROLD STONE ROAD (REGIONAL ROAD 57 - WIDTH VARIES) PLAN 59R4756 (10/22)2009) Marlene Ness AM-2009-016 - 6432 Thorold Stone Road pdf j Niagara - f Region October 16, 2009 Files: D.18.04.ZA -04479 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: AM-2009-016, Zoning By -law Amendment Application To Permit a Group Home 6432 Thoroid Stone Road City of Niagara Falls Building Community. Building Lives. PUBLIC WORKS DEPARTMENT Development Services Division 2201 51. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905 - 685 -1571 Tol I- free:1- 800 - 263.7215 Fax: 905 -687 -8056 www.niagararegion.ca Regional Development Services staff has reviewed the Information circulated for the above noted Zoning By -law Amendment application. The current zoning of the property Is site specific Residential Apartment 5A Density which permits the existing building to be used as a special residence, emergency care dwelling. The proposed amendment will replace the current site specific provisions with new site speck provisions to allow the existing building to be used as a group home for up to 10 persons. An apartment dwelling would remain as a permitted use on the property. Regional staff offers the following Provincial and Regional comments to assist the City in considering the application. The subject property is within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of residential uses including group homes. Policy 5.18 permits certain types of group homes, administered under Provincial legislation, to establish in any residential zone subject to certain criteria. In a multiple residential zone, the group home may have up to 6 residents but local municipalities may permit up to 10 residents. Regional staff understands that the agency responsible for the proposed group home operates under provincial legislation and the group home would house up to 10 residents. The proposed facility meets the criteria of group home criteria under Policy 5.16 and will provide an aftemative form of housing for those with special needs within the greater Niagara community. Technical/Engineering The property has frontage along Regional Road 57 (Thorold Stone Road). No access to the Regional Road is permitted. All access shall be to/from the local St. James Street. This section of Regional Road 57 has a substandard road width and, therefore, an approximately Pa _9e 11 RECEI OCT 2 2 2009 PLAN NINC & .EVELOPUL!: z,,._.,, (10122/2009) Marlene Ness - AM -2009 -016 - 6432 Thorold Stone Road.pdf 2 three (3) metre road allowance widening across the frontage of the subject property is requested, The widening is intended to provide the necessary road allowance needed for future pavement expansion and boulevard area for an alternative alignment for sidewalks, utility placement, snow storage, and tree plantings. In addition, a 4.5 metre by 4.5 metre daylighting triangle at the corner of Regional Road 57 and St. James Street is requested. Regional staff request a holding (H) symbol be placed on the amending bylaw to facilitate the widening and daylighting triangle request. Please note that prior to any construction taking place within a Regional road allowance, a Regional Construction Encroachment and/or Entrance Permit must be obtained. Survey evidence adjacent to Regional road allowances is not to be damaged or removed during the development of the property. Any agreements entered into for this development should include a clause that requires the owner to obtain a certificate from an Ontario Land Surveyor, stating that all existing and new evidence is in place at the completion of the development. The property is able to receive Regional curbside collection of waste diversion materials (recycling and organics) as well as up to 2 bags of general waste. If additional general waste collection is anticipated, the owners should contact the Region to determine if this is possible. Otherwise, the owner must arrange for private collection of waste. Conclusion The proposed rezoning would provide for the development of group home that will provide a social service for the Niagara community. Regional Development Services staff has no objections from a Provincial or Regional perspective to the proposed zoning bylaw amendment provided that the above noted road widening and daylighting triangle requests are satisfied. If you have any questions or wish to discuss these comments please contact Sue Mabee, Planner, or Marilyn Radman, Manager of Development Services Division. Please send notice of the City's decision with regard to this application. Yours truly, Sue Mabee Planner SMf Cc: Councillor Smeaton L:1Mabee- Sue1NIAGARA FALLS\Zoning Bylaw AmendmennAM- 2009 -016 - 6432 Thorold Stone Road doe Page 2j Oct -27 -09 02:10pm From -Brian Sinclair QC BRIAN SINCLAIR PROFESSIONAL CORPORATION Sent by Facsimile 356 -9083 October 27, 2009 City of Niagara Falls Clerk's Department 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario 1,7F 6X5 Attention: Dean Iorfida, City Clerk Dear Dean: Re: Niagara Child and Youth Services Our File No. S3796-001 +0063567772 7-267 F.001/001 F -045 NIAG. FALLS CLERKS'09 BRIAN N. SINCLAIR, Q.C. Banister and Solicitor 6617 Drummond Road Niagara Falls, Ontario L20 4N4 TEL: (905) 356 -7755 FAX: (905) 356 -7772 In connection with the above matter, I am acting for Niagara Child & Youth Services and the Application is coming up November 2, 2009. The spokesman who will be answering any questions and giving the report for the foundation will be Ellis Katsof who is the executive director. His phone number is 688 -6850 ext 104. If you need anything further, please call me. Yours faithfully, BRIAN CLAIR PROFESS AL CORPORATION Brian Sind. BNSIIs NiagaraMIIs November 2, 2009 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development SUBJECT: PD- 2009 -82 AM- 2009 -017, Zoning By -law Amendment Application 4354 and 4374 Drummond Road Applicant: Saverio Maci Permit the Option of Using the Two Subject Lots as One Lot to Recognize the Existing Business RECOMMENDATION PD- 2009 -82 That Council approve the Zoning By -law amendment application to permit the option of using the two subject lots as one lot to recognize the existing business. EXECUTIVE SUMMARY The Zoning By -law amendment can be approved for the following reasons: The consolidation of lots to support the commercial viability in this area is supported by the Official Plan. Allowing the two lots to function as one will legalize the recent addition to the retail store on the land. BACKGROUND Proposal An amendment is requested for 4354 and 4374 Drummond Road (see Schedule 1) which have a total area of 0.3 hectares (0.73 acres). The two properties are currently zoned General Commercial (GC) in accordance with Zoning By -law No. 79 -200, which permits the land to be used for a retail store (E &R Lawn Equipment). Zoning requirements must be satisfied on the same parcel as the use. A recently constructed addition to the existing store is located on two lots which is contrary to the Zoning By -law. A site specific regulation is requested to be added to the zoning of the properties to allow them to be used as one lot. Staff became aware of the non - complying situation early this year due to a complaint received from a neighbour. The applicant was advised of the non - compliance and has submitted the subject application to address the non - compliance. November 2, 2009 - 2 - PD- 2009 -82 Site Conditions and Surrounding Land Uses The lands are occupied by a retail store (E &R Lawn Equipment) and a legal non- conforming single detached dwelling. Parking for the business and the dwelling is located along Drummond Road, while the rear of the northerly lot is a landscaped yard. Properties to the north and south of the subject lands are primarily used for commercial purposes. A vacant lot is located to the east of the subject land, while a place of worship exists to the west. Circulation Comments Information regarding the proposed Zoning By -law amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: Regional Municipality of Niagara No objection from a Regional or Provincial perspective. Any application for site plan control should be circulated to the Region. Transportation Services No objections to the application. A 3.05 metre (10 feet) wide road widening to be provided along the frontage of the properties should the lands be subject to site plan control. • Building and By -law Services Building Permits must be obtained for all buildings constructed without a Building Permit, however, there is no guarantee the City will be able to issue a Building Permit. • Municipal Works, Fire Services, Legal Services, Parks, Recreation and Culture No objections. ANALYSIS /RATIONALE The lands are designated Major Commercial by the Official Plan and are part of the Stamford Retail District. Lands in this District are intended to be developed to meet the weekly shopping requirements of surrounding residents. The consolidation of properties is encouraged to strengthen the commercial viability of the area. The existing retail store conforms to the intended use of the property. Permitting the two lots to be used as one lot provides more opportunity for retail expansion and will permit future redevelopment of the lands in conformity with the Official Plan. November 2, 2009 - 3 - PD- 2009 -82 Zoning Request A recently constructed addition to the store straddles the lot line between the two subject lots contrary to the Zoning By -law. To legalize this addition the applicant is requesting the two lots be allowed to be used as if they were one lot. The lots are under separate ownership (one owned by Mr. Maci, one owned by Mr. Maci and his father as joint tenants). The applicant wishes to retain the option of selling the lots separately in the future and therefore is requesting the merging be permissive rather than mandatory. The retail store complies with all other regulations of the GC zone. Allowing the option to use the two lots as one will legalize the existing construction and will permit future expansions to the business. Although staff has no concerns with allowing the applicant the option of disposing of the lots separately in the future, the applicant will either have to remove the recent building addition so the use is entirely located on one lot, or obtain a consent to shift the legal lot line north of the retail store. The addition to the retail store was built without Building Permits. Should Council approve the application, the applicant will need to apply for the necessary Building Permit. CITY'S STRATEGIC COMMITMENT The consolidation of the two lots will increase the development opportunities of the land which support Council's strategic priority of strengthening and promoting economic development in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan Recommended by: Approved by: Respectfully submitted: Alex Herlovitch, Director of Planning & Development ecutive Director, Community Services Ken odd, Chief Administrative Officer Ed Dujlovic, A.Bryce:mb Attach. S:1PDR120091PD- 2009 -82, AM- 2009 -017, 4354 & 4374 Drummond Rd,Permit option to use the subject lots as one lot.wpd November 2, 2009 f0% Location: 4354 -4374 Drummond Road Applicant: Saverio Maci -4 SCHEDULE 1 LOCATION MAP Amending. the Zoning Byfaw No. 79-200 AM- 2009 -017 September 2009 PD- 2009 -82 November 2, 2009 SCHEDULE 2 PD- 2009 -82 Wr.f27�� - b(o..� nk s• F t29v,,a K itaNASI PACES " • :.. so* tk..a. KMiNNCUb �. a .lccs t, `r 4'r4•Ihl@.% -S -(4i 28:8 n) .1t.l5 ,1. Mt •b' { Yrxxn.'z):. CQUalcer) = 12454 M Of0.2 At p tlifi) alb.k,FGCiE Niagarat?alls November 2, 2009 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development RECOMMENDATION EXECUTIVE SUMMARY PD- 2009 -86 SUBJECT: PD- 2009 -86 Proposed Change from a Residential Loan to a Residential Grant to Encourage the Renovation of Older Apartments and Unused Vacant Space Above Businesses Along Queen Street and Erie Avenue That Council support the following: 1. A change to the Residential Loan Program to a Residential Grant Program for the renovation of older apartments and unused vacant space above businesses along Queen Street and Erie Avenue to further stimulate economic recovery of the Downtown area. 2. That the maximum grant be for 50% of the eligible funds up to $15,000 ($10,000 from the City and $5,000 from the Region) based on a minimum renovation of $30,000 and there be an expenditure cap of $250,000 or 25 units. 3. That the Residential Grant Program applies to Queen Street and Erie Avenue and comes into effect on January 1, 2010 and be established for a three -year period and be reviewed after that time. 4. That Council, during 2010 Budget deliberations, consider the allocation of the same amount in 2009 of $465,000. The breakdown of this will be as follows: $200,000 Sylvia Place Redevelopment $ 15,000 Commercial Building and Facade Improvements $250,000 Residential Grants As a progressive measure to help stimulate residential development and economic recovery within the Downtown core, staff is recommending a change to the Residential Loan Program to a Residential Grant Program to encourage the renovation of older existing apartments and vacant floor space above businesses along Queen Street and Erie Avenue. Staff is proposing a cap of $250,000 or 25 units, as well as, a time limit of three years for this program change. The Downtown BIA supports this change and believes that now, more than ever, is the time to assist in stimulating residential development Downtown. November 2, 2009 BACKGROUND ANALYSIS - 2 - PD- 2009 -86 On October 19, 2009, Council deferred the portion of Report PD- 2009 -63 dealing with a proposed change to the financial incentive programs for the Downtown which would allow a Residential Grant along Queen Street and Erie Avenue. There is a desire by Council to deal with this matter in open Council. This item has been advertised in the local newspaper and included on the City's web site. This proposed change is specific to the area along Queen Street and Erie Avenue and is applicable to older apartment units that require renovation and vacant space above main floor commercial space. The Residential Loan Program has been available for three years and only one application has been approved for the Downtown area. Based upon the lack of interest in this funding program, staff is recommending a change that will encourage the utilization of funds to help stimulate residential development Downtown. The Downtown BIA acknowledges that with a number of new stores and restaurants, now is a good time to encourage new and /or upgraded apartments that will see more people living in the area. The Residential Loan Program is to remain as an incentive program for the balance of the Downtown CIP area. Staff monitors the number of applications received under the financial incentive programs on an ongoing basis and works with landowners within the CIP areas encouraging the carrying out of improvements on their property. The intent of the financial incentive programs is to stimulate redevelopment and private sector investment. If certain programs are not working, Staff feels there is an obligation to advise Council and to propose changes to programs to meet the objectives of the Community Improvement Plan. Council may recall that a change was recommended to the Downtown financial incentives a couple of years ago whereby the Commercial Building Loan was changed to a Commercial Building Grant. This program change has worked well. There is a considerable amount of underutilized floor space above commercial buildings along Queen Street and Erie Avenue. Through the proposed program change, it is hopeful that older apartments will be renovated and vacant space will be constructed with new residential apartments. The program change will better utilize the funds to meet the needs and economic recovery of the Downtown area. By encouraging people to live Downtown, they will frequent the new shops, entertainment areas and restaurants, as well as, utilize existing services provided by banks, medical offices and post office. When contacting other municipalities that have CIP programs, we found that there were some who provided residential grants and some who provided residential loans. We acknowledge that grants are easier to administer and are more attractive to landowners. The City of St. Catharines has a residential grant program and they have approved more than 150 new residential housing units over the past few years in their downtown. If we could achieve a similar 150 improved and /or new apartments in the Downtown core, the activity created by new residents would enhance the Downtown dramatically. FINANCIAL IMPLICATIONS The approved CIP budget for 2009 is $465,000 of which about $400,000 is uncommitted. November 2, 2009 - 3 - PD- 2009 -86 A portion of the surplus funds will be set aside to pay for applications approved earlier this year and any further approvals in 2009. The change to the Downtown Financial Incentives Program to a Residential Grant along Queen Street and Erie Avenue does not involve any additional funds in 2010 than were approved in 2009. The amount of budget can be divided in such a way that $250,000 can be set aside for the revised Residential Program, $200,000 for the Sylvia Place Market redevelopment and the remaining $15,000 be set aside for Commercial Building and Facade Improvement applications on a first come first serve basis. CITY'S STRATEGIC COMMITMENT The Downtown has undergone considerable change with a number of new shops and restaurants over the past couple of years. The opportunity presents itself to change the residential program from a loan to a grant to help stimulate new residential development in the Downtown core. Such development would have a positive impact by increasing the number of residents living in the Downtown and utilizing the wide range of services available. Furthermore, the proposed change will strengthen and promote economic development within the City which satisfies one of Council's strategic priorities. To assist in the progressive success of the Downtown, the program change form a Residential Loan to a Residential Grant along Queen Street and Erie Avenue can be supported. Recommended by: Approved by: Respectfully submitted: B.Bolibruck S: \PDR\2009 \PD- 2009 -66, Residential Loan to Grant Downtown.wpd 4Alex Herlovitch, ' ectorof Planning & Development Ed D ' ovic, cutive Director, Community Services Ken Todd, Chief Administrative Officer January 26, 2009 Mayor Ted Salci The City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Your Worship, Teachers of English as a Second Language Association of Ontario 27 Carlton Street, Suite 405, Toronto, Ontario M5B 1L2 Telephone: 416 -593 -4243 or 1- 800 - 327 -4827 Fax: 416 -593 -0164 Email: administration @teslontario.org www.teslontario.org We thank you for taking part in our Ontario wide initiative last year in declaring English as a Second Language Week during the week in which our annual conference took place. I am writing on behalf of TESL Ontario (Teachers of English as a Second Language) to invite you to again take part in our Ontario wide initiative and declare the week of December 6 —12, 2009, English as a Second Language Week. Given the ever growing diversity of the population of Ontario, we hope you will once more support our efforts and grant us this request. In 2008, twenty two municipalities declared English as a Second Language Week and we hope that this number will continue to grow, offering Ontario's ESL community recognition and an opportunity to celebrate and expand its development. For 36 years, TESL Ontario has held its Annual Conference to provide professional development for educators, administrators, students and volunteers who work with immigrants, refugees, citizens, and visitors. This year, our conference `Language for a Changing World' will be held December 10 — 12, 2009, and we will be honoured if representatives of your council can participate. Last year's TESL Ontario conference attracted 1600 registrants. Our members travel from across the province and beyond to attend workshops, research symposia, our technology fair and publishers' displays. For many of us, this annual journey to Toronto marks a time when we can share our experiences, expand our skills, and reaffirm the positive contribution that our province makes to diversity. Having established a set of criteria to ensure measurable qualifications among ESL professionals, TESL Ontario, a non - profit organization, ensures that training institutions offering teacher training meet the highest standards. As we demand the best qualifications of our members, and the best in training from our teaching programs, we offer the best in second language education to our students, who in turn, contribute a wealth of knowledge and experience to our communities. Attached, please find our suggested wording of the proclamation. If you have any suggestions or comments as to the content of this document, please contact our Executive Director, Renate Tilson, at 416 -593 -4243 ext. 4. Thank you for your consideration, Sincerely, eila Carson, Chair SUGGESTED WORDING OF PROCLAMATION Ontario has been the destination of choice for many immigrants who have added to the diversity of the province by bringing their culture, customs and language, even as they endeavour to acquire the ability to communicate in English. The community of English as a Second Language learners are represented in all aspects of society. They are students in elementary and secondary schools, universities, colleges, public and private schools, adult education students pursuing literacy and basic skills, participants in workplace- training programs, researchers and subjects, volunteers and workers, employees and business owners, labourers and professionals, neighbours and friends. The professional organisation Teachers of English as a Second Language (TESL) Ontario hosts a conference in Toronto each year consisting of workshops, research symposia and a technology fair to maintain and expand the skills and abilities of its members. NOW THEREFORE, 1, Mayor Ted Salci, on behalf of Niagara Falls City Council, do hereby proclaim December 6 — 12 , 2009 as "English as a Second Language Week" in the City of Niagara Falls. October 14, 2009 Dear Colleague; TOWN OF LINCOLN 4800 South Service Road Beamsville, ON LOR 181 TEL: 905-563-8206 FAX: 905-563-6566 This letter provides further follow -up on the upload of social program costs by the Province. This issue will have a significant impact on the Region's 2010 budget. In July Regional Council passed the following motion: "That in the interest of clarity and accountability* That Staff be directed to remove the total upload costs (2010, $14.3M) from the previous year's base budget, such that the replacement of lost OMPF revenues; the inflationary costs of social programs; and the "2010 Guidance Increases" can be transparently reported as the levy increases that they are. " Once implemented this motion would address the issue of transparency as well as the issue of fairness to the property taxpayer. From the perspective of sensitivity to economic times, it is also doing the right thing in the right way. Since passing the July motion I have sent a letter to the Honourable Jim Watson, Minister of Municipal Affairs and Housing, to let him know of our progress since it was he who advised us to re- engage in discussion with Regional staff to develop a local solution. As Niagara Regional Councillors we can be proud of the leadership demonstrated in developing and supporting a solution that is sensitive to our economic times and is transparent for property taxpayers. In addition, the St. Catharine's Standard Editor -in- Chief, Kelvin Reid, has publish an editorial on the issue which drew a response letter from Peter Partington, Regional Chairman, and two letters from Walter Sendzik, President, St. Catharines - Thorold Chamber of Commerce. Communication about this issue with our property taxpayers has been difficult, yet I feel it is necessary for them to understand the impact it has on the property taxes they pay. To explain the issue I have prepared the enclosed package which will be distributed through our public library system and by local businesses. Should you plan to provide information to your constituents you are welcome to use this material. Please join me in working toward implementation of this Niagara solution to a one taxpayer problem. When viewed appropriately as property tax relief, this framework will provide an important avenue for mitigating property tax levies in all twelve Niagara municipalities. Kindest regards, Bill Hodgson Web Slte: www.townoflincoln.com t E -Mail: generalinquiries etownofllncoln.com TO: FROM: SUBJECT; DATE: Residents of the Town of Lincoln Mayor Bill Hodgson Upload of Social Program Costs October 14, 2009 Handling of the uploaded costs for social programs is of high importance to the Town of Lincoln property taxpayers. For the past two years I have been working with my elected colleagues, to achieve greater budget transparency at the Regional level on this issue. The following set of Questions and Answers, and recently published newspaper articles describe what is happening. Our current objective is to ensure that the uploaded social program costs are removed from the 2010 Regional budget as directed by Regional Council in July 2009: 'That in the interest of clarity and accountability; That Staff be directed to remove the total upload costs (2010, $14.3M) from the previous year's base budget, such that the replacement of lost OMPF revenues; the inflationary costs of social programs; and the 2010 Guidance Increases" can be transparently reported as the levy increases that they are. " What does upload of social program costs mean? The Province transferred the responsibility and costs for the Drug Benefit Program, Disability Support Program, Works Program and Court Security from the province to municipalities in 1999 (download). A plan for the Province to take back the financial responsibility for these programs over a 10 -year period began in 2008 (upload). How does uploading of these program costs affect property taxpayers? According to the Minister of Finance, "All taxpayer within the counties or regions throughout the Province will benefit from the phased removal of these costs from the property tax base." To remove these costs, municipalities delivering DSB, DB and W programs need to carry out the following calculation: • Approved budget from previous year; • Subtract the annual uploaded costs; • Remaining is the Adjusted Base Budget for the current year. • Begin the current year budget preparation with the Adjusted Base Budget Uploaded costs for 2010 will total 14.3 million for Niagara Region. Once completed in 2018, the total cost uploaded will be $64,386,000 annually in Niagara Region, and $1.5 billion annually across the Province. Why is the Base Budget Adjustment important? It is all about transparency. A base adjustment ensures taxpayers will not be charged at the municipal level for services they pay for through provincial income tax and sales tax etc. The adjusted base budget also makes it easy to identify increases in expenditures in the current budget year. If the uploaded costs were to remain in the property tax base, increases in municipal expenditure can be masked. As a result Regional Council may not fully appreciate the impact of their decisions on the individual tax payer. For example, a ten percent increase in expenditure could appear as a three percent increase in the approved budget. Web Site: www.townoflincoin.com I5J E -Mail: generallnquIries etownoflincoln.com TOWN OF LINCOLN 4800 South Service Road Beamsville, ON LOR 1B1 TEL: 905-563-8205 FAX: 905 - 563.6566. 4 •,.a7,� t;�y,"' , xfat lots k„%. qt Hlc Pfr7stlYC'F CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to require pre - consultation on certain Planning Act applications in the City of Niagara Falls. WHEREAS Sections 22(3.1), 3400.01), 41(3.1) and 51(16.1) of the Planning Act, R.S.O, 1990, Part 3, as amended, allow municipalities to pass by -laws to require applicants to consult with the municipality prior to the submission of an application made under the Act for an amendment to the Official Plan or Zoning By -law, plans of subdivision, consent or site plan control; WHEREAS the Official Plan allows for such consultation meetings as a provision of the submission of a complete application; WHEREAS the Council of the City of Niagara Falls wishes to require consultation with the City prior to the submission of certain applications made under the Planning Act; and WHEREAS the Council of the City of Niagara Falls wishes to require open houses to be held for applications to amend the Official Plan and Zoning By -law prior to the Public Meeting required by the Planning Act. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That persons intending to make application to the City of Niagara Falls for an amendment to the Official Plan or Zoning By -law, draft plan of subdivision, consent or site plan control, be required to consult with City staff prior to the submission of the application. 2. That the purpose of such consultation meetings will be to review a draft development proposal for the lands affected by the proposed applications and to identify the scope of additional supporting information or material required by the City of Niagara Falls and/or other affected agencies to allow full consideration of the development application. 3. That in the absence of consultation prior to the submission of an application and the submission of all required supporting information or material, the City of Niagara Falls may deem an application as incomplete under the provisions of the Planning Act. 4. The Director of Planning or his designate shall have the discretion to waive the requirement for a formal consultation meeting when, in his/her opinion, it has been deemed to be unnecessary for a complete review of the application. 5. Where a consultation meeting is deemed to be necessary, a consultation checklist or agreement shall be completed and signed by all parties present. 6. That persons who have filed an application to the City of Niagara Falls for an amendment to the Official Plan or Zoning By -law be required to attend an Open House hosted by the City prior to the giving of notice regarding the Public Meeting required by the Planning Act. 7. That By -law No. 2008 -189 be repealed. Passed this second day of November, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 2, 2009 November 2, 2009 November 2, 2009 S:IZONMGWMS120091BY -LAW SWRECONSULTATION.wpd -2- THE CORPORATION OF THE CITY OF NIAGARA FALLS The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: I . By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN CITY OF A . CANADA N IAGARA FALLS, BY -LAW Number 2009 - 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, Heavy Vehicle Restriction, Stop Signs at Intersections) STANDING PROHIBITED COLUMN 4 TIMES OR DAYS Kalar Road West McGarry Drive and At All Times a point 40 metres south of McGarry Drive Kalar Road West McLeod Road and At All Times a point 200 metres south of McGarry Drive (2) by adding to the specified columns of Schedule B thereto the following item: COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road West McGarry Drive and At All Times a point 40 metres north of McGarry Drive ( COLUMN 1 HIGHWAY Kalar Road Kalar Road (4) (5) COLUMN 1 INTERSECTION Valley Way & Bellevue Street Valley Way & Bellevue Street First Reading: Second Reading: Third Reading: by adding to the specified columns of Schedule C thereto the following items: COLUMN 2 SIDE West West COLUMN 1 COLUMN 2 HIGHWAY BETWEEN Kalar Road DEAN IORFIDA, CITY CLERK November 2, 2009 November 2, 2009 November 2, 2009 PARKING PROHIBITED COLUMN 3 BETWEEN by adding to the specified columns of Schedule S thereto the following item: HEAVY VEHICLE RESTRICTION Lundy's Lane and McLeod Road -2- A point 40 metres north of McGarry Drive and At All Times a point 230 metres north of McGarry Drive A point 40 metres south of McGarry Drive and At All Times a point 200 metres south of McGarry Drive by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 2 FACING TRAFFIC Eastbound on Bellevue Street Westbound on Bellevue Street This By -law shall come into force when the appropriate signs are installed. Passed this second day of November, 2009. COLUMN 4 TIMES OR DAYS COLUMN 3 TIMES OR DAYS R.T. (TED) SALCI, MAYOR At All Times Including "No Buses" CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 2n day of November, 2009. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 2" day of November, 2009 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this second day of November, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 2, 2009 November 2, 2009 November 2, 2009