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2002/11/25REGULAR COUNCIL MEETING Monday, November 25, 2002 Order of Business and Agenda Package REGULAR MEETING November 25, 2002 PRAYER: Alderman Victor Pietrangelo ADOPTION OF MINUTES: Regular Meeting of November 4th, 2002. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current' Council Meeting at this time. PRESENTATIONS Niac~ara Falls Tourism Interim Chair Brian Merrett and Noel Buckley, President will. make a brief presentation on recent activities by Niagara Falls Tourism and their budget funding request for 2003. GOld Medal National Soccer Champions Lisa Collinson and Amanda DiCarlo will be recognized for being part of gold medal winning teams at the recent National championships held in Calgary at Thanksgiving. W'kW'kW Youn¢~ Family Endowment Fund Recipients His Worship Mayor Thomson will present Young Family Endowment. Fund Awards, a program administered through the Arts & Culture Commission that recognizes the artistic endeavours of, primarily, young individuals in our community. Presentations will be made to the following: -2- Individual Award Winners(8 students) - $30.00 each 1. Heshaka Jayawardena 2. Travis Thompson 3. Brianna Brady 4. Nlichelle Ashley Chan Individual Award Winners (3) - $75.00 each 1. Meranda Termaat 2. Hannah Termaat 3. Karlie Bracken Student Award (1) - $235.00 Andrea Morgan Omanization Award (1) - $100.00 Peterson Community Workshop / Chair - Kathleen Etherington 5. Cristin Johns 6. Hayley Niven 7. Samantha Wilding 8. Lilly Park DEPUTATIONS Diamond Jubilee School Closure Sue McDowell has requested to speak to Council regarding the above-noted matter. Cemeteries Business Plan Consultants Jim Bruzzesse and Catherine Minshull of BMA Management will present the Cemeteries Business Plan to Council. -AND- Report R-2002-70 - Chief Administrative Officer - Re: Cemeteries Business Plan MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS UNFINISHED BUSINESS 1. Chief Administrative Officer L-2002-60- Adult Businesses By-law. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Victor PietrangelO, Chairman) MUNICIPAL WORKS MATTERS 1. Chief Administrative Officer PLANNING MATTERS 1. Chief Administrative Officer MW-2002-156 - Tender 2002-195-00, Fallsview Tourist Core Area Phase 3. PD-2002-106 - Hilton Hotel, AM-09/2002 6361 Fallsview: Boulevard, Six-Month Status Review. Chief Administrative Officer PD-2002-108- Draft Plan of Condominium File: 6CD-11-2002-02, 6105 McLeod Road. Owners: Feliciano, Lucia, Paul and Mary Pingue. -AND- Correspondence from the Regional Municipality of Niagara, Planning and Development Department Chief Administrative Officer PD-2002-109- Draft Plan of Condominium File: 26CD-11-2002-03, 6012 Frontenac Street, Owner: Feliciano Pingue & Sons Construction Ltd. -AND- Comments from Department. the Regional Municipality of Niagara, Planning and Development Chief Administrative Officer PD-2002-110- Draft Plan of Condominium File: 26CD-11-2002-04, 6430 Montrose Road, Owner: Feliciano Pingue. -AND- Comments from Department. the Regional Municipality of Niagara, Planning and Development o Chief Administrative Officer Chief Administrative Officer PD-2002-111- Removal of Part Lot Control, Shane Crescent, Blocks 1,2, 3 &4, Registered Plan 59M-279 Applicant: 1397945 Ontario Limited. PD-2002-112- Matters Arising from the Local Architectural Conservation Advisory Committee. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Alderman Campbell, Chair) RATIFICATION OF PARKING & TRAFFIC COMMITTEE ACTIONS (Alderman Craitor, Chair) Chairperson, Parking & Traffic Committee MI~CELLANEOU9 MATTER9 1. Chief Administrative Officer MW-2002-154- Municipal Parking & Traffic Recommendations for November 19, 2002. CD-2002-02- Council AppOintments on Outside AgencieS., Boards etc. Chief Administrative Officer L-2002-77- Release of Certain Conditions, Agreement between the City and Frank LaPenna, Building Permit - Testamentary Devise, Detenbeck Road at Willoughby Drive. -5- Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer L-2002-79- Pietrangelo Agreement with the City, Building Permit - Testamentary Devise, Karl Road and Montrose Road. L-2002-54- Declare Lands Surplus and Offer for Sale of Vacant Land, 8709 Lundy's Lane. L-2002-78- Release of Site Plan Agreement, 6800-6812 Lundy's Lane. L-2002-80- Regional Assumption of Beechwood Road between Mountain Road and Thorold Stone Road. RESOLUTIONS That Niagara Falls City Council endorses the resolution of the Regional Municipality of Niagara, increasing the Regional Council size by one, adding a seat for the Town of Pelham and that the seat shall be filled in accordance with the Municipal Elections Act in time for the 2003 municipal elections. The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. BY-LAWS 2002-198 2002-213 To provide for the licensing, regulating, governing, classifying and inspecting of certain classes of stores & businesses engaged in the provision of adult videotapes, adult magazines and adult goods. (Deferred from November 4, 2002). ~ ~ 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. 2002-214 2002-215 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. To repeal By-law No. 2000-234, By-law No. 2000-246 and By-law No. 2001- 2002-216 2002-217 117, being by-laws to designate certain land not to be subject to part lot control (Re: Blocks 1, 2, 3 and 4 on Registered Plan 59M-279). To amend By-law No. 79-200, to permit a parking lot as a temporary use (Re: AM-37/2002, S/S Dixon Street between Cleveland Avenue and Level Avenue). To adopt, ratify and confirm the actions of City Council at its meeting held on November 25, 2002. NEW BUSINESS ~tI.~. F~.LLS CLERKS FAX TO Number Dean Iorfida Clerk's Department City of Niagara Falls 905-356-9083 Date From Phone November 15, 2002 Sue McDowell 2683 Portage road. Niagara Falls, Ontario 905-357-7288 R¢~ Point of Interest Proposed Closing of Diamond Jubilee School I am sending this fax to ask for the opportunity to address City Council about the proposod closure of Diamond Jubilee School. Please put me on the agenda of the November 25, 2002 rn~ting of City Council. Thank you. Sue McDowell/per F. Greaves Community Services Department Parks, Recreation & Culture The Cih/of ~~. 4310 Queen Street Niagara Falls P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel,: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city, niagarafaiis.on.ca November 25, 2002 R-2002-70 Adele Kan Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-70 - Cemeteries Business Plan RECOMMENDATION: That the attached Cemeteries Business Plan be accepted in principle. BACKGROUND: At the July 15, 2002, Community Services meeting, Council approved (R-2002-39) that the Cemeteries Business Plan Report be awarded to the consulting firm of Bruzzese, Minshull & Associates. The attached Cemeteries Business Plan makes a number of recommendations that will move the Municipal Cemeteries toward a fiscally self sustaining operation, while continuing to provide a high level of service to the community. Consultants, Jim Bruzzese and Catherine Minshull will present the Cemeteries Business Plan to Council and be available for questioning. Council' s concurrence, in principle, with the recommendations contained in the Cemeteries Business Plan would be appreciated. Council will be kept informed of updates and implementation recommendations pertaining to the Business Plan as appropriate. Director of Parks, Recreation & Culture R~.espectfu)ly submitted: ~nald //Chief Administration Officer CR/das Attachment Working Together to Serve Our Community Municipal Works · Fire Services ° Parks, Recreation & Culture ° Business Development · Building & By-Law Services The City of Niagara Fal~I Corporate Services DepaWltent Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio~city, niagarafalls.on.ca L-2002-60 R.O. Kallio City Solicitor October 7, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: Adult Businesses By-law Our File No.: 2002-507 RECOMMENDATION: For the information of Council. BACKGROUND: In conjunction with The Butler Group (Consultants) Inc. Report on the proposed Official Plan Amendment and Zoning By-law Amendment with respect Adult Entertainment Parlours and Body- Rub Parlours, a proposed Adult Businesses Licensing By-law has been drafted and Notice for consideration at a Public Meeting on October 7, 2002, was given by way of an advertisement in the City page in the Niagara Falls Review. A meeting was held on October 1,2002, between the Mayor and City Staff and all inte~sted parties, who may be affected by the proposed Licensing By-law. In attendance were owners and operators of Adult Entertainment Parlours (AEP), Body-Rub Pm'louts (BRP) and Adult Stores and their legal representatives. The purpose of the meeting was to go through the provisions of the proposed Licensing By-law and to receive input, questions, suggestions and comments with respect to the said By-law. As a result of the meeting, the proposed Licensing By-law will not be ready in its final form for Council at its meeting of October 7, 2002. The By-law is being revised to remove Adult Stores from the Adult Businesses By-law and to put them in a separate, stand-alone By-law. A number of conditions and regulations affecting AEPs and BRPs would not apply to Adult Stores. However, they will still be controlled and regulated as an Adult Business. Worldng Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · * Planning & Development October 7, 2002 - 2 - L-2002-60 All Members of Council have received a draft copy of the proposed Licensing By-law. Other than the removal of the Adult Store provisions, together with some minor amendments, the By-law will be presented to Council in substantially the same format as Council Members have already reeeived. Set out below is a summary of the main points: · Adult Business means live Adult Entertainment Parlour, Body-Rub Parlour and Adult Store. Adult Store means a store that sells adult video tapes, adult magazines or adult goods or any combination thereof. Live Adult Entertainment Parlours and Body-Rub Parlours will require a licensed operator present at all times during business hours. All Adult Businesses wilt have to have their licences posted in a conspicuous place. There are new requirements for any changes and new information with respect to the current licenceo Regulations will be imposed for all ~tores that sell adult video ta_~.s, adult matmzines or adult goods, inc!udin? the display and selling of such products, e.g. variety stores and video rental stores. ~ Adult Stores will be required to prohibit persons under the age of eighteen (18) years from entering the premises and displays in store windows cannot display adult goods. Any new Live Adult Entertainment Parlour or Body-Rub Parlour will have to relocate to the new areas as proposed in the Official Plan and Zoning By-law Amendments, provided that a licence is available. Any existing and licensed AEP and BRP will be permitted to continue at its present location but should its licence be surrendered to the City or revoked, no further licence will b~ issued at the specific municipal address set out in the By-law. All Adult Businesses Will be required to have a sign at the entrance of the premises, stating that the Adult Business is licensed by the City of Niagara Falls. It is recommended that the number of AEP licences (four [4]) and the number of BRP licences (five [5]) remain the same. October 7, 2002 - :3 - L-2002-60 When the final drafts of both the Adult Businesses By-law and the stand-alone Adult Store By-law are ready, they will be put on the Council Agenda under By-laws, for consideration and passage. Council is reminded that pursuant to the Municipal.4ct, all Licensing By-laws expire five (5) years after their pa,~, R.O. Kallio City Solicitor e. The City's AEP By-law, being By-law No. 97-249 by: expires on December 8, 2002. ~Respectfully submitted: / Chief Administrative Officer Approved by:. T. Ravenda Executive Director of Corporate Services ROK/sm. The City of Niagara Falls Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 edujlovi@city.niagarafalls.on.ca MW-2002-156 Ed Dujlovic Director November 25, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-156 - Contract 2002-195-00 Fallsview Tourist Core Area Sanitary Trunk Sewer - Phase 3 RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, V. Gibbons Contracting Ltd, be accepted; And further, that the amount of $ 775,774.22 be included in the 2003 Water & Sewer Budget for this project. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, opened tenders on Thursday, November 21, 2002 at 1:30 p. m. for the above noted contract. Tender documents were picked up by ten (10) Contractors and five (5) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the five (5) Contractors, together with the corrected bids * 1. V. Gibbons Contracting( Ridgeway ) 2. Centennial Construction( Niagara Falls ) 3. Nexterra Substructures Inc.(Niagara Falls ) *$1,008,870.12 *$1,143,260.00 *$1,174,992.50 ($1,008,875.03) ($1,143,248.00) ($1,189,198.70) Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services November 25, 2002 - 2 - MW-2002-156 4. Provincial Construction Ltd.(Niagara Falls ) $1,185,050.12 5. DeRose Bros. (Thorold) $1,522,776.01 The lowest tender was received from V. Gibbons Contracting Limited in the amount of $1,008,870.12. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. This is the third phase of a three-year project required to service the growth in the Fallsview area including the permanent casino. The contract includes the construction of both a sanitary and storm trunk sewers to the limit of the Niagara Parks, and the replacement of existing watermain. This phase includes works by the Niagara Parks Commission on their roadway. We will administer the contract and they will reimburse the City. The final phase of the sewer construction will be completed as part of the Murray Street Project. Council, by approving the award of this contract, will be committing to the expenditure in the 2003 Capital Budget. Financing: The Engineer' s estimate for this contract was $1,250,000.00. Project Costs: Awarded Contract Consultant Miscellaneous Fees ( MOE ) Net G.S.T. 3% $1,008,870.12 $ 52,600.00 $ 1,200.00 $ 31844.10 TOTAL $1,094,514.22 Funding: 2001 Capital Budget Niagara Parks Commission Development Charges 2002 Water & Sewer Budget $ 52,600.00 $ 86,140.00 $ 180,000.00 $ 775,774.22 November 25, 2002 - 3 - MW-2002-156 Council's concurrence with this recommendation would be appreciated. Preparod~b~: Darrell Smith, P.Eng. Manager of Engineering Services //John MacDonald Chief Administrative Officer Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works The City of Niagara FallsI Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, nia§arafatts.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca PD-2002-106 Doug Darbyson Director November 25, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-106, Hilton Hotel AM-09/2002, 6361 Fallsview Boulevard Six-Month Status Review RECOMMENDATION: It is recommended that Council: 1) 2) accept the Letter of Credit submitted by 876891 Ontario Limited as a guarantee of the outstanding on-site landscaping and the sanitary sewer extension along Murray Street; and require 876891 Ontario Limited to provide by December 13, 2002, the following: a) plans illustrating the hotel site, including but not limited to: landscaping of the parking area behind Denny's restaurant; a revised parking layout that conforms with the minimum requirements of the zoning by-law; and provision for on-site bus parking; b) c) dedication of all road widenings an daylight triangles; and execution of the site plan agreement and submission of all information necessary for registration of the agreement by the City Solicitor. BACKGROUND: On April 15th of this year, Council approved a one-year extension to a temporary use by-law for 876891 Ontario Limited (DiCosimo) to permit off-site parking on the land located on the southwest comer of Stanley Avenue and Murray Street for the Hilton Hotel. The approval was conditional upon the owner satisfying a number of outstanding site plan agreement matters that dated to the initial approval for temporary use in 2000. This report responds to Council's request that staff report back after six months on the status of the outstanding site plan matters. }Forking Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development November 25, 2002 -2- PD-2002-106 Landscaping of the on-site parking area No landscaping is currently provided around the perimeter of the parking area located behind the Denny's restaurant as contained in the TADS guidelines. In addition, the dimensions of the parking spaces and manoeuvring aisles do not conform to the minimum requirements of thc zoning by-law. The owner has deposited a Letter of Credit (LOC) to guarantee that the outstanding work will be carried out. The owner has also stated that plans will be submitted to illustrate the landscaping and revised parking layout, in compliance with zoning requirements, once the Environmental Assessment (EA) for Fallsview Boulevard and Murray Street has been finalized. Staff has determined that the EA will not impact this section of Murray Street. Because of this, and since these works do not extend into the road allowance, plans can be prepared now. Accordingly, it is recommended that the plans be submitted no later than December 13, 2002. Accommodation of storm drainage The off-site parking site adjacent to Main Street and Allendale Avenue is currently surfaced with gravel. The site plan agreement requires that the owner construct an engineered storm drainage system and pave the parking area if it exists longer than five years. In order to guarantee this, the owner was to deposit sufficient security to cover the estimated cost of construction. The owner has recently informed staff that their intent is to seek a permanent rezoning for the off-site parking lots, rather than temporary, to address the parking situation because the on-site parking structure is not going to be built. A rezoning application is to be made soon. When the rezoning application is considered by Council, the owner will have to address a storm drainage system and paved parking lot as part of a future site plan agreement. Because of this, the owner proposes to defer the works outlined until that time. On-street bus "lay-by" area As part of the site plan for the hotel site, the applicant installed a temporary bus "lay-by" area within the Fallsview Boulevard road allowance. This is only an interim measure because buses can be accommodated on-site. It is recommended that the plans illustrating landscaping and the revised parking layout also show the provision of bus parking on-site. The ultimate fate of the bus "lay-by" area will be determined by the Fallsview Boulevard/Murray Street EA. Sanitary sewer extension along Murray Street The applicant was to guarantee the extension of a sanitary sewer and connection to a new sanitary main along Murray Street by submission of a Letter of Credit. The LOC has been submitted by the applicant. Dedication of road widenings Municipal Works has confirmed that a 1 O-foot road widening, along the full frontage of Fallsview Boulevard, is required to be dedicated to the City. Also, a road widening along Stanley Avenue and a daylight triangle at the comer of Stanley Avenue and Murray Street November 25, 2002 - 3 - PD-2002-106 are required to be dedicated to Regional Niagara. The importance of these widenings, and their dedication, cannot be minimized. Road reconstruction works are imminent. Should these widenings not be obtained in a timely manner, construction will not be able to proceed as planned. It is therefore recommended that the owner dedicate these widenings immediately. 6. Security deposits The applicant has now submitted all outstanding security deposits. Site plan agreement The site plan agreement will be redrafted, with revised conditions based on this report, should it be approved by Council. It is imperative that the site plan agreement be registered as soon as possible. As such, it is recommended that the owner sign the agreement and provide it and all documents necessary for registration to the City Solicitor by December 13, 2002. Building permits Occupancy of the hotel has been granted under a Conditional Permit Agreement only. Final building permits can be issued once the site plan agreement is registered and a building code issue regarding foam core mouldings has been resolved by the Ontario Building Code Commission. CONCLUSION: As can be seen from the foregoing, the applicant has satisfied a number of the outstanding site plan agreement issues and is working to resolve the remainder. Time frames are recommended for the resolution of certain issues. Council should also note that the Hilton is current with property taxes and water bills. Planner 2 Respectfully submitted: f~,' J~o..hn ~M. acD onald Chief Administrative Officer Recommended by: hfDoug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services JB:gd SSPDRX2002~PD2002-106, Hilton Hotel, AM09-02.wpd Niogara Foils Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on .ca Tel.: Fax: E-maih (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca November 25, 2002 PD-2002-108 Doug Darbyson Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-108, Draft Plan of Condominium File: 26CD-11-2002-02 6105 McLeod Road Owner: Feliciano, Lucia, Paul & Mary Pingue RECOMMENDATION: It is recommended that: 1) the proposed plan of condominium be draft approved subject to an Inhibiting Order to be removed when the vacancy rate reaches three percent, and the conditions in the attached Appendix; 2) 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; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. BACKGROUND: The applicant proposes to convert the existing 27 rental apartment units to condominium. The plan of condominium would permit the individual ownership of each unit while the common areas (such as hallways, driveways and open space) would be shared by all the condominium owners. The property is on the north side of McLeod Road, east of Drummond Road (see the attached location map). The unit layout and parking/driveway areas are shown on Schedule 2. There are no public notification requirements for plans of condominium under the Planning Act, however, tenants were notified of this public meeting to discuss the application in accordance with City procedures. The developer also contacted the tenants regarding the proposed condominium conversion. Site Assessment The property is currently zoned Residential Apartment 5A Density (R5A) through Zoning By-law 79-200. Prior zoning and site plan approval permits 25 units on the land, whereas 27 units exist. Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development November 25, 2002 - 2 - PD-2002-108 The applicant acknowledges that two meeting rooms were converted into two additional apartment units without municipal review and approval. These illegally-constructed units also raise concern regarding requirements of the Ontario Building Code. Regardless of rental or ownership tenure of the apartment building, compliance with zoning and construction safety standards with respect to these units is necessary. The condominium process provides the opportunity to achieve site improvements and bring the development more in line with current development requirements. Parking spaces shown in front of a building entrance and within approximately three feet of the McLeod Road access should be eliminated. The parking stall size and driving aisles do not satisfy zoning standards. The garbage enclosure requires a gate (and possible roof) and is not typically permitted in a front yard. Closed- board fencing is normally erected along the perimeter of multiple residential developments bnt is not provided on the southwest boundary. The designation of a fire access route through the site may be required. The property is not within a registered plan of subdivision and therefore, a parkland contribution, as permitted by the Planning Act, has not been taken. Cash-in-lieu of parkland dedication is requested. Provincial Landlord and Tenant Legislation The Tenant Protection Act (TPA) came into force in 1998. This act replaced several pieces of legislation including the Landlord and Tenant Act, Rent Control Act and Rental Housing Protection Act (RHPA). Previously, condominium conversion applications required an exemption to the RHPA and municipalities could impose conditions to safeguard tenants. The Tenant Protection Act removed this municipal review function, but contains sections to protect existing tenants in cases of condominium conversions. Tenants can continue to rent their units and have the right of first refusal to purchase a converted unit. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominium when the vacancy rate is below three percent. Although tenants' rights are protected by the Provincial TPA, the principle remains that removal of rental units should not adversely affect the supply of affordable rental housing in the municipality. The legality of municipalities using such policies regulating condominium conversions in relation to the Tenant Protection Act has been questioned. In 1999, the Ontario Municipal Board determined that an Official Plan Amendment in the City of Toronto on the matter was in conflict with the Provincial legislation and therefore illegal and invalid. The Divisional Court overturned this OMB decision earlier this year. The issue has now been appealed to the Ontario Court of Appeal. At present, planning policies on condominium conversions as included in the City's Official Plan are still valid and applicable to the proposal. The most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC) is from the survey conducted in October 2001. The data indicates a vacancy rate of 2.4% for all apartment units in Niagara Falls. The subject site is located outside of the City core where the vacancy rate is even lower at 1.7%. These figures represent a decline from previous years. Information from the October 2002 survey has not released but no major increase in the vacancy rate is anticipated. In addition, there have been no building prints issued in the City over the past three years for new rental apartment developments. These conditions limit choice with respect to the price and location of rental units. The removal of the 27 units in this project from the overall rental market could have an adverse impact on the supply of affordable rental housing. November 25, 2002 - 3 - PD-2002-108 In response to the vacancy rate policy, the applicant's solicitor proposes an agreement with the City prohibiting the sale of any rental unit until the vacancy rate is at the three percent threshold. Legal Services has examined the possibility of registering an Inhibiting Order on title. The City could remove this restriction when the CMHC annual survey indicates the rental apartment vacancy rate (for all units outside of the core area) is at the three percent level. This mechanism is acceptable to the Land Registry Office. Information supplied by the applicant indicates the estimated selling price for the proposed condominium units of $45,000 to $60,000 (two bedroom units) and $55,000 to $70,000 (three bedroom units). This purchase price range for the condominium units would provide additional affordable housing options. Regional Planning Comments The Regioffs Plan and Provincial Policy Statement promote the provision of an adequate supply of various housing types to meet the range of housing needs. The Regional Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected - a vacancy rate of three percent or more is considered desirable. Given the existing vacancy rate, the Region does not support the condominium application as it does not meet Regional housing objectives or the Provincial Policy Statement. The Region notes that the proposed restriction on the sale of units until a vacancy rate of three percent is achieved implies that there is no need for the conversion at this time and the application may be premature. CONCLUSION: The Official Plan discourages the conversion of rental units when the apartment vacancy rate in the City is below the three percent level considered to represent a healthy rental market. Removal of rental units under these circumstances would have an adverse impact on the City's rental supply. It is recognized that current tenants can continue to rent their units as specified in the Tenant Protection Act and the condominiums would provide additional affordable priced units. The applicant has agreed not to release any units for condominium ownership until the vacancy rate reaches three percent. This can be enforced through the City's registration of an Inhibiting Order on title. The conditions of approval are listed in the Appendix. Prepared by: Richard Wilson Planner 2 Approved by: T. Ravenda Executive Director of Corporate Services Recommended by: ~p-,'Doug Darbyson Director of Planning & Development Respectfully submitted: John MacDonald Chief Administrative Officer RW:am S:~PDR'O.002WD2002-108, 6105McLeod Road, Pingue.wpd November 25, 2002 - 4 - PD-2002-108 APPENDIX Conditions of Draft Plan of Condominium Approval Approval applies to the 6105 McLeod Road Draft Plan of Condominium prepared by Kirkup & Ure Surveying Ltd., dated July 16, 2002, showing 27 apartment units. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. The City register an Inhibiting Order on title, and a clause be included in the Condominium Subdivision Agreement and in all offers of purchase and sale, indicating that no units will be sold until the CMHC rental apartment vacancy rate for all units outside of the City core area is at least three percent. The developer obtain final approval with respect to zoning compliance for the number of units and any other zoning by-law deficiency. The developer submit information verifying compliance with the Ontario Building Code for the extra two units in the apartment building or undertake any necessary alterations to the satisfaction of Building & By-law Services. The developer enter into a revised Site Plan Agreement with the City. The developer submit a request to Fire Services to designate through municipal by-law a fire access route on the property, if required. The developer provide the City with cash-in-lieu of 5% parkland dedication. The developer provide six copies of the pre-registration plan to Planning & Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions that their respective conditions have been satisfied. Proposed Plan of Condominium 6105 McLeod Road 26CD-11-2002-02 Location Map Vii Subject Land 1: NTS planning & IDcvelopme~ Dogarlm~nt Novonb~ 2002 S:~Subdi vis~Pcondo~Mclood6105XProppta~.apr · P~ OF' TO.HIP lOT 17~ CITY OF NIAGARA FALLS ~ INFORMA'noN RE~UtI~O..U.~.~ SCI,.II~ULE OF" LAND USE Lq. LWA'110N NOTE LOT 17 I TOWNSHIP Y~CANT SUR~'YO~S Ct:RIIFICAl~ KilUCbT & UI~ SUR'VEY'II~ LTl). ~_ NIAG'~A September 23, 2002 PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca FILE: D.11 .M.11.24 Mr. Doug Darbyson, MCIP, RPP Director of Planning & Development City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Regional and Provincial Review Comments Draft Plan of Condominium 6105 McLeod Road File: 26CD-11-2002-02 Feliciano, Lucia, Paul and Mary Pingue City of Niagara Falls RECEIVED SEP 2 2OO2 PLANNING & DEVELOPMENT This application proposes to convert an existing rental apartment building into condominium ownership. The building was constructed in or about 1985 or 1986 and contains 27 units. This represents one of three condominium applications submitted concurrently that include a total of 56 rental units to be converted into condominium tenure. These applications will be dealt with individually as they involve sites at various locations in the City. However, they have collective impacts on the City's overall supply of rental housing that must be considered. Back_~round A recent controversy has been raised over the ability of municipalities to control condominium conversions. This stems from an Ontario Municipal Board (OMB) decision on an amendment to the City of Toronto Official Plan to establish policies for the conversion of rental units. The OMB determined that the City did not have the right to approve the amendment and that it was invalid because it was in conflict with the Tenant Protection Act. In response, the City of Toronto filed an appeal in Divisional Court which resulted in a ruling that overturned the OMB decision. These hearings have only dealt with matters of jurisdiction, not on land use planning principles. As a result, the appropriateness of Toronto's conversion policies has not been determined based on planning merits through a formal decision under the Planning Act. Notwithstanding these deliberations, the Region's condominium conversion policies remain applicable. 2 Re~lional and Provincial Planning Considerations Residential objectives of the Regional Policy Plan and Provincial Policy Statement promote the provision of an adequate supply of various housing types to meet a range of needs, particularly affordable housing units. Policy 5.37 of the Regional Plan indicates that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected. A vacancy rate of at least 3 % is desirable for this purpose and is a common level applied in other communities across the Province, including Niagara Falls. According to the most recent Canada Mortgage and Housing Corporation (CMHC) Rental Market Report (November 2001), the apartment vacancy rate has been on a declining trend that now stands at 2.4 % for the City of Niagara Falls and 1.9% for the Region. More specifically, the subject property is situated outside of the City's core area which has an even lower vacancy rate of 1.7%. Increasing employment opportunities in the City's tourism sector will increase the demand for housing, including rental accommodations. However, the construction of new rental housing units continues to be negligible. The applicants have indicated that the selling price of these units will range from $45,000 - $60,000 for two bedroom units and $55,000 - $70,000 for three bedroom units. This may provide an opportunity for affordable home ownership but will reduce the supply of affordable rental housing. Existing tenants will not be displaced since the Tenant Protection Act does not permit their tenancy to be terminated as a result of the conversion. They are also given the first right of refusal to purchase a converted condominium unit. This will provide protection for existing tenants but will not benefit long term needs of the broader housing market for available and affordable rental'units. The applicants recognize that vacancy rates are Iow and have advised the City that they are willing to enter into an agreement that would preclude the sale of units until the City's vacancy rate is at or above 3%. A commitment for draft approval should not be granted unless the municipality is confident that the proposed conversion meets current policies and conditions. The proposed restriction on the sale of units suggests that there is no need for the condominium conversion at this time, based on planning merits, and implies that the application may be premature. Conclusion The conversion of these existing rental units to condominium ownership may not force existing tenants to look for alternative housing and may provide affordable home ownership. However, there is a limited supply of available and affordable rental housing to meet long term community needs. Although this application does not involve a large number of rental units, there are cumulative effects with a total of 56 units presently being considered for conversion in related applications. This could lead to other similar proposals that will further diminish the supply of rental housing. Therefore, the 3 proposed draft plan of condominium can not be supported as it does not meet the housing objectives of the Regional Policy Plan or the Provincial Policy Statement. Please send notice of the City's decision on this condominium application. Yours truly, Director of Planning Services C; Mr. R. Vacca, Sullivan Mahoney Barristers & Solicitors Mr. W. Stevens, Regional Public Works M:~MSWORD\PC\N Fcondo\Mcleod.doc The Cily of ~t~, Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-maih (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca November 25, 2002 PD-2002-109 Doug Darbyson Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re'- PD-2002-109, Draft Plan of Condominium File: 26CD-11-2002-03 6012 Frontenac Street Owner: Feliciano Pingue & Sons Construction Ltd. RECOMMENDATION: It is recommended that: 1) the proposed plan of condominium be draft approved subject to an Inhibiting Order to be removed when the vacancy rate reaches three percent, and the conditions in the attached Appendix; 2) 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; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. BACKGROUND: The applicant proposes to convert the existing 12 rental apartment units to condominium. The plan of condominium would permit the individual ownership of each unit while the common areas (such as hallways, driveways and open space) would be shared by all the condominium owners. The property is on the south side of Frontenac Street, west of Alex Avenue (see the attached location map). The unit layout and parking/driveway areas are shown on Schedule 2. There are no public notification requirements for plans of condominium under the Planning Act, however, tenants were notified of this public meeting to discuss the application in accordance with City procedures. The developer also contacted the tenants regarding the proposed condominium conversion. Site Assessment Thc property is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4) and Residential Single Family and Two Family (R2) through Zoning By-law 79-200. Prior to this zoning Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development November 25, 2002 - 2 - PD-2002-109 classification, By-law 72-154 recognized an existing six-unit apartment building on the land and permitted the construction of an additional four-unit apartment building. Therefore, zoning and site plan approval permits 10 units, whereas 12 units exist. The applicant acknowledges that two units were added to the second building without municipal review and approval. These illegally constructed units also raise concem regarding requirements of the Ontario Building Code. Regardless of rental or ownership tenure of the apartments, compliance with zoning and construction safety standards with respect to these extra units is necessary. The condominium process provides the opportunity to achieve site improvements in accordance with current development requirements. The access driveway from Frontenac Street is substandard in width (15.6 feet/14.75 metres) and could be widened if required by Fire Services. A proper garbage enclosure is required. Chain-link fencing is located along the south, east and west property limits where closed-board fencing is the current standard. The designation of a fire access route and posted parking restrictions along the driveway into the site may be needed. The subject land is within a registered plan of subdivision and parkland requirements were previously addressed. Provincial Landlord and Tenant Legislation The Tenant Protection Act (TPA) came into force in 1998. This act replaced several pieces of legislation including the Landlord and Tenant Act, Rent Control Act and Rental Housing Protection Act (RHPA). Previously, condominium conversion applications required an exemption to the RHPA and municipalities could impose conditions to safeguard tenants. The Tenant Protection Act removed this municipal review function, but contains sections to protect existing tenants in cases of condominium conversions. Tenants can continue to rent their units and have the right of first refusal to purchase a converted unit. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominium when the vacancy rate is below three percent. Although tenants' rights are protected by the Provincial TPA, the principle remains that removal of rental units should not adversely affect the supply of affordable rental housing in the municipality. The legality of municipalities using such policies regulating condominium conversions in relation to the Tenant Protection Act has been questioned. In 1999, the Ontario Municipal Board determined that an Official Plan Amendment in the City of Toronto on the matter was in conflict with the Provincial legislation and therefore illegal and invalid. The Divisional Court overturned this OMB decision earlier this year. The issue has now been appealed to the Ontario Court of Appeal. At present, planning policies on condominium conversions as included in the City's Official Plan are still valid and applicable to the proposal. The most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC) is from the survey conducted in October 2001. The data indicates a vacancy rate of 2.4% for all apartment units in Niagara Falls. The subject site is located outside of the City core where the vacancy rate is even lower at 1.7%. These figures represent a decline from previous years. Information from the October 2002 survey has not released but no major increase in the vacancy rate is anticipated. In addition, there have been no building prints issued in the City over the past three years for new rental apartment developments. These conditions limit choice with respect to the price and location of rental units. The removal of the 12 units in this project from the overall rental market could have an adverse impact on the supply of affordable rental housing. November 25, 2002 - 3 - PD-2002-109 In response to the vacancy rate policy, the applicant's solicitor proposes an agreement with the City prohibiting the sale of any rental unit until the vacancy rate is at the three percent threshold. Legal Services has examined the possibility of registering an Inhibiting Order on title. The City could remove this restriction when the CMHC annual survey indicates the rental apartment vacancy rate (for all units outside of the core area) is at the three percent level. This mechanism is acceptable to the Land Registry Office. Information supplied by the applicant indicates the estimated selling price for the proposed condominium units of $45,000 to $60,000. This purchase price range for the condominium units would provide additional affordable housing options. Regional Planning Comments The Region's Plan and Provincial Policy Statement promote the provision of an adequate supply of various housing types to meet the range of housing needs. The Regional Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected - a vacancy rate of three percent or more is considered desirable. Given the existing vacancy rate, the Region does not support the condominium application as it does not meet Regional housing objectives or the Provincial Policy Statement. The Region notes that the proposed restriction on the sale of units until a vacancy rate of three percent is achieved implies that there is no need for the conversion at this time and the application may be premature. CONCLUSION: The Official Plan discourages the conversion of rental units when the apartment vacancy rate in the City is below the three percent level considered to represent a healthy rental market. Removal of rental units under these circumstances would have an adverse impact on the City's rental supply. It is recognized that current tenants can continue to rent their units as specified in the Tenant Protection Act and the condominiums would provide additional affordable priced units. The applicant has agreed not to release any units for condominium ownership until the vacancy rate reaches three percent. This can be enforced through the City's registration of an Inhibiting Order on title. The conditions of approval are listed in the Appendix. Richard Wilson Planner 2 Approved by: T. Ravenda Executive Director of Corporate Services Recommended by: Doug Darbyson irector of Planning & Development Respectfully submitted: -ir- John MacDonald Chief Administrative Officer RW:am Attach. S 5PDRX2002XPD2002-109, 6012 Frontenac St Pingue.wpd November 25, 2002 - 4 - PD-2002-109 APPENDIX Conditions of Draft Plan of Condominium Approval Approval applies to the 6012 Frontenac Street Draft Plan of Condominium prepared by Kirkup & Ure Surveying Ltd., dated July 16, 2002, showing 12 apartment units. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. o The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. ° The City register an Inhibiting Order on title, and a clause be included in the Condominium Subdivision Agreement and all offers of purchase and sale, indicating that no units will be sold until the CMHC rental apartment vacancy rate for all units outside of the City core area is at least three percent. o The developer obtain final approval with respect to zoning compliance for the number of units and any other zoning by-law deficiency. o The developer submit information verifying compliance with the Ontario Building Code for the extra two units in the apartment building or undertake any necessary alterations to the satisfaction of Building & By-law Services. 7. The developer enter into a revised Site Plan Agreement with the City. o The developer submit a request to Fire Services to designate through municipal by-law a fire access route on the property, if required. The developer provide six copies of the pre-registration plan to Planning & Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions that their respective conditions have been satisfied. Proposed Plan of Condominium 6012 Frontenac Street 26CD-11-2002-03 Location Map adh Subject Land 1: NTS I Planning & Development Depmmmt Novembex 2002 S 5SubdivisLPcondoLcmmeaac6012L°roppl re.apr IdUHICIPAL Ho. 6012 FROHTENAC STREET ~~21~ ~G~ P~ 246 P~ ~ ~IP L~ 17~ CI~ OF NIAOARA FALLS ,AoomoN~ INFORMA'TIO~ RE'~UIREO UNDER SE~'llON 51 (17)o OF 1HI PLANNING AG'I'. ~ OF' L~D USE ELEVATIO~ ~ LrGD~O I 1 It__.. I=.",~A' "11 PART 1, LOT e. ~ ~ , LOT 4,$ LO7' 4:" LOT SURVEYOR'S CER1YICAI~ LOT ~0 I I I I I 41 K~RKUP & [J~E ~JRV~[1NG LTD. ~ September 23, 2002 PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca FILE: D.11.M.11.24 Mr. Doug Darbyson, MCIP, RPP Director of Planning & Development City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Regional and Provincial Review Comments Draft Plan of Condominium 6012 Frontenac Street File: 26CD-11-2002-03 Feliciano Pingue & Sons Construction Ltd, City of Niagara Falls RECEIVED SEP 2 ~ 2002 PLANNING & DEVELOPMENT This application proposes to convert two existing rental apartment buildings into condominium ownership. The buildings were constructed in 1971 and 1973, each containing 6 units. This represents one of three condominium applications submitted concurrently that include a total of 56 rental units to be converted into condominium tenure. These applications will be dealt with individually as they involve sites at various locations in the City. However, they have collective impacts on the City's overall supply of rental housing that must be considered. Back_~round A recent controversy has been raised over the ability of municipalities to control condominium conversions. This stems from an Ontario Municipal Board (OMB) decision on an amendment to the City of Toronto Official Plan to establish policies for the conversion of rental units. The OMB determined that the City did not have the right to approve the amendment and that it was invalid because it was in conflict with the Tenant Protection Act. In response, the City of Toronto filed an appeal in Divisional Court which resulted in a ruling that overturned the OMB decision. These hearings have only dealt with matters of jurisdiction, not on land use planning principles. As a result, the appropriateness of Toronto's conversion policies has not been determined based on planning merits through a formal decision under the Planning Act. Notwithstanding these deliberations, the Region's condominium conversion policies remain applicable. 2 Regional and Provincial Planninq Considerations Residential objectives of the Regional Policy Plan and Provincial Policy Statement promote the provision of an adequate supply of various housing types to meet a range of needs, particularly affordable housing units. Policy 5.37 of the Regional Plan indicates that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected. A vacancy rate of at least 3 % is desirable for this purpose and is a common level applied in other communities across the Province, including Niagara Falls. According to the most recent Canada Mortgage and Housing Corporation (CMHC) Rental Market Report (November 2001), the apartment vacancy rate has been on a declining trend that now stands at 2.4 % for the City of Niagara Falls and 1.9% for the Region. More specifically, the subject property is situated outside of the City's core area which has an even lower vacancy rate of 1.7%. Increasing employment opportunities in the City's tourism sector will increase the demand for housing, including rental accommodations. However, the construction of new rental housing units continues to be negligible. The applicants have indicated that the selling price of these units will range from $45,000 - $60,000 for two bedroom units and $55,000 - $70,000 for three bedroom units. This may provide an opportunity for affordable home ownership but will reduce the supply of affordable rental housing. Existing tenants will not be displaced since the Tenant Protection Act does not permit their tenancy to be terminated as a result of the conversion. They are also given the first right of refusal to purchase a converted condominium unit. This will provide protection for existing tenants but will not benefit long term needs of the broader housing market for available and affordable rental units. The applicants recognize that vacancy rates are Iow and have advised the City that they are willing to enter into an agreement that would preclude the sale of units until the City's vacancy rate is at or above 3%. A commitment for draft approval should not be granted unless the municipality is confident that the proposed conversion meets current policies and conditions. The proposed restriction on the sale of units suggests that there is no need for the condominium conversion at this time, based on planning merits, and implies that the application may be premature. Conclusion The conversion of these existing rental units to condominium ownership may not force existing tenants to look for alternative housing and may provide affordable home ownership. However, there is a limited supply of available and affordable rental housing to meet long term community needs. Although this application does not involve a large number of rental units, there are cumulative effects with a total of 56 units presently being considered for conversion in related applications. This could lead to other similar proposals that will further diminish the supply of rental housing. Therefore, the 3 proposed draft plan of condominium can not be supported as it does not meet the housing objectives of the Regional Policy Plan or the Provincial Policy Statement. Please send notice of the City's decision on this condominium application. Yours truly, n David J. Fadey Director of Planning Services c: Mr. R. Vacca, Sullivan Mahoney Barristers & Solicitors Mr. W. Stevens, Regional Public Works M:\MSWORD\PC\NFcondo\Mcleod.doc The City of Niagara Falls Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: Fax: E-maih (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca November 25, 2002 PD-2002-110 Doug Darbyson Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' PD-2002-110, Draft Plan of Condominium File: 26CD-11-2002-04 6430 Montrose Road (Villa Romana) Owner: Feliciano Pingue RECOMMENDATION: It is recommended that: 1) the proposed plan of condominium be draft approved subject to an Inhibiting Order to be removed when the vacancy rate reaches three percent, and the conditions in the attached Appendix; 2) 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; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. BACKGROUND: The applicant proposes to convert the existing 17 rental apartment units to condominium. The plan of condominium would permit the individual ownership of each unit while the common areas (such as hallways, driveways and open space) would be shared by all the condominium owners. The property is on the east side of Montrose Road, north of Delta Drive (see the attached location map). The unit layout and parking/driveway areas are shown on Schedule 2. There are no public notification requirements for plans of condominium under the Planning Act, however, tenants were notified of this public meeting to discuss the application in accordance with City procedures. The developer also contacted the tenants regarding the proposed condominium conversion. Site Assessment The property is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4) through Zoning By-law 79-200. The apartment was built in approximately 1975 under prior zoning and site Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development November 25, 2002 - 2 - PD-2002-110 plan approval for 16 units, whereas 17 units presently exist. The applicant acknowledges that a storage area was converted to an extra unit without municipal review and approval. This illegally constructed unit also raises concern regarding requirements of the Ontario Building Code. Regardless of rental or ownership tenure of the building, compliance with zoning and construction safety standards with respect to the additional unit is necessary. The condominium process provides the opportunity to achieve site improvements in accordance with current development standards. The parking and driving aisle configuration should be adjusted. The entrance driveway for the condominium is also utilized as a second vehicle access at the rear of the abutting dwelling to the south (6440 Montrose Road). This should be addressed through a new site plan or a permanent right-of-way granted for the mutual driveway. A proper garbage enclosure is required for the development as refuse containers are currently located in the parking area adjacent to semi-detached homes. Closed-board fencing of the south and east property boundaries is a typical site plan requirement. The designation of a fire access route with parking restrictions may be required. Parkland dedication was previously applied for these lots within a registered plan of subdivision. Provincial Landlord and Tenant Legislation The Tenant Protection Act (TPA) came into force in 1998. This act replaced several pieces of legislation including the Landlord and Tenant Act, Rent Control Act and Rental Housing Protection Act (RHPA). Previously, condominium conversion applications required an exemption to the RHPA and municipalities could impose conditions to safeguard tenants. The Tenant Protection Act removed this municipal review function, but contains sections to protect existing tenants in cases of condominium conversions. Tenants can continue to rent their units and have the right of first refusal to purchase a converted unit. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominium when the vacancy rate is below three percent. Although tenants' rights are protected by the Provincial TPA, the principle remains that removal of rental units should not adversely affect the supply of affordable rental housing in the municipality. The legality of municipalities using such policies regulating condominium conversions in relation to the Tenant Protection Act has been questioned. In 1999, the Ontario Municipal Board determined that an Official Plan Amendment in the City of Toronto on the matter was in conflict with the Provincial legislation and therefore illegal and invalid. The Divisional Court overturned this OMB decision earlier this year. The issue has now been appealed to the Ontario Court of Appeal. At present, planning policies on condominium conversions as included in the City's Official Plan are still valid and applicable to the proposal. The most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC) is from the survey conducted in October 2001. The data indicates a vacancy rate of 2.4% for all apartment units in Niagara Falls. The subject site is located outside of the City core where the vacancy rate is even lower at 1.7%. These figures represent a decline from previous years. Information from the October 2002 survey has not released but no major increase in the vacancy rate is anticipated. In addition, there have been no building prints issued in the City over the past three years for new rental apartment developments. These conditions limit choice with respect to the price and location of rental units. The removal of the 17 units in this project from the overall rental market could have an adverse impact on the supply of affordable rental housing. November 25, 2002 - 3 - PD-2002-110 In response to the vacancy rate policy, the applicant's solicitor proposes an agreement with the City prohibiting the sale of any rental unit until the vacancy rate is at the three percent threshold. Legal Services has examined the possibility of registering an Inhibiting Order on title. The City could remove this restriction when the CMHC annual survey indicates the rental apartment vacancy rate (for all units outside of the core area) is at the three percent level. This mechanism is acceptable to the Land Registry Office. Information supplied by the applicant indicates the estimated selling price for the proposed condominium units of $45,000 to $60,000. This purchase price range for the condominium units would provide additional affordable housing options. Regional Planning Comments The Region's Plan and Provincial Policy Statement promote the provision of an adequate supply of various housing types to meet the range of housing needs. The Regional Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected - a vacancy rate of three percent or more is considered desirable. Given the existing vacancy rate, the Region does not support the condominium application as it does not meet Regional housing objectives or the Provincial Policy Statement. The Region notes that the proposed restriction on the sale of units until a vacancy rate of three percent is achieved implies that there is no need for the conversion at this time and the application may be premature. CONCLUSION: The Official Plan discourages the conversion of rental units when the apartment vacancy rate in the City is below the three percent level considered to represent a healthy rental market. Removal of rental units under these circumstances would have an adverse impact on the City's rental supply. It is recognized that current tenants can continue to rent their units as specified in the Tenant Protection Act and the condominiums would provide additional affordable priced units. The applicant has agreed not to release any units for condominium ownership until the vacancy rate reaches three percent. This can be enforced through the City's registration °fan Inhibiting Order on title. The conditions of approval are listed in the Appendix. Prepa:r. ed by: Richard Wilson Planner 2 Approved by: Executive Director of Corporate Services Recommended by: Darbyson Director of Planning & Development Respectfully submitted: .-~Jo~ MacDonald Chief Administrative Officer RW:am Attach. S:XPDRX2002~PD2002-110, 6430 Montrose Rd. Pingue.wpd November 25, 2002 - 4 - PD-2002-110 APPENDIX Conditions of Draft Plan of Condominium Approval Approval applies to the 6430 Montrose Road (Villa Romana) Draft Plan of Condominium prepared by Kirkup & Ure Surveying Ltd., dated July 16, 2002, showing 17 apartment units. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. o The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. The City register an Inhibiting Order on title, and a clause be included in the Condominium Subdivision Agreement and all offers of purchase and sale, indicating that no units will be sold until the CMHC rental apartment vacancy rate for all units outside of the City core area is at least three percent. o The developer obtain final approval with respect to zoning compliance for the number of units and any other zoning by-law deficiency. o The developer submit information verifying compliance with the Ontario Building Code for the extra unit in the apartment building or undertake any necessary alterations to the satisfaction of Building & By-law Services. 7. The developer enter into a revised Site Plan Agreement with the City. o The developer submit a request to Fire Services to designate through municipal by-law a fire access route on the property, if required. o The developer provide six copies of the pre-registration plan to Planning & Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions that their respective conditions have been satisfied. Proposed Plan of Condominium 6430 Montrose Road (Villa Romana) 26CD-11-2002-04 Location Map Subject Land !: NTS I Planning & Dev~opmeat S :~Sub~ vis~Pcondo~6430Montmse~x~lan.ap, November 2002 MUNICIPAl. No. 64-=0 HONTROSE: ROAD TS I AND 2 ~ g4 CFI'Y .OF NIAGARA FALLS T Aoorno~u. SNFORMkTK)H e~'Qum~o um~a sEc'q~ 51 07% o¢ ~ Pt~m~o *CT. SCHEDULE OF LAND USE: 111t September 23, 2002 PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca FILE: D.11.M.11.24 Mr. Doug Darbyson, MCIP, RPP Director of Planning & Development City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Regional and Provincial Review Comments Draft Plan of Condominium 6430 Montrose Road File: 26CD-11-2002-04 Feliciano Pingue City of Niagara Falls RECEIVED SEP 2 2002 PLANNING & DEVELOPMENT This application proposes to convert an existing rental apartment building into condominium ownership. The building was constructed in 1975 and contains 17 units. This represents one of three condominium applications submitted concurrently that include a total of 56 rental units to be converted into condominium tenure. These applications will be dealt with individually as they involve sites at various locations in the City. However, they have collective impacts on the City's overall supply of rental housing that must be considered. Background A recent controversy has been raised over the ability of municipalities to control condominium conversions. This stems from an Ontario Municipal Board (OMB) decision on an amendment to the City of Toronto Official Plan to establish policies for the conversion of rental units. The OMB determined that the City did not have the right to approve the amendment and that it was invalid because it was in conflict with the Tenant Protection Act. In response, the City of Toronto filed an appeal in Divisional Court which resulted in a ruling that overturned the OMB decision. These hearings have only dealt with matters of jurisdiction, not on land use planning principles. As a result, the appropriateness of Toronto's conversion policies has not been determined based on planning merits through a formal decision under the Planning Act. Notwithstanding these deliberations, the Region's condominium conversion policies remain applicable. 2 Regional and Provincial Planning Considerations Residential objectives of the Regional Policy Plan and Provincial Policy Statement promote the provision of an adequate supply of various housing types to meet a range of needs, particularly affordable housing units. Policy 5.37 of the Regional Plan indicates that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected. A vacancy rate of at least 3 % is desirable for this purpose and is a common level applied in other communities across the Province, including Niagara Falls. According to the most recent Canada Mortgage and Housing Corporation (CMHC) Rental Market Report (November 2001), the apartment vacancy rate has been on a declining trend that now stands at 2.4 % for the City of Niagara Falls and 1.9% for the Region. More specifically, the subject property is situated outside of the City's core area which has an even lower vacancy rate of 1.7%. Increasing employment opportunities in the City's tourism sector will increase the demand for housing, including rental accommodations. However, the construction of new rental housing units continues to be negligible. The applicants have indicated that the selling price of these units will range from $45,000 - $60,000 for two bedroom units and $55,000 - $70,000 for three bedroom units. This may provide an opportunity for affordable home ownership but will reduce the supply of affordable rental housing. Existing tenants will not be displaced since the Tenant Protection Act does not permit their tenancy to be terminated as a result of the conversion. They are also given the first right of refusal to purchase a converted condominium unit. This will provide protection for existing tenants but will not benefit long term needs of the broader housing market for available and affordable rental units. The applicants recognize that vacancy rates are Iow and have advised the City that they are willing to enter into an agreement that would preclude the sale of units until the City's vacancy rate is at or above 3%. A commitment for draft approval should not be granted unless the municipality is confident that the proposed conversion meets current policies and conditions. The proposed restriction on the sale of units suggests that there is no need for the condominium conversion at this time, based on planning merits, and implies that the application may be premature. Conclusion The conversion of these existing rental units to condominium ownership may not force existing tenants to look for alternative housing and may provide affordable home ownership. However, there is a limited supply of available and affordable rental housing to meet long term community needs. Although this application does not involve a large number of rental units, there are cumulative effects with a total of 56 units presently being considered for conversion in related applications. This could lead to other similar proposals that will further diminish the supply of rental housing. Therefore, the 3 proposed draft plan of condominium can not be supported as it does not meet the housing objectives of the Regional Policy Plan or the Provincial Policy Statement. Please send notice of the City's decision on this condominium application. Yours truly, -~ David J. F Director of Planning Services C: Mr. R. Vacca, Sullivan Mahoney Barristers & Solicitors Mr. W. Stevens, Regional Public Works M:\MSWORD\PC\NFcondo\Mcleod.doc The City of Niagara Falls Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca November 25, 2002 PD-2002-111 Doug Darbyson Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-111, Removal of Part Lot Control Shane Crescent Blocks 1, 2, 3 & 4, Registered Plan 59M-279 Applicant: 1397945 Ontario Limited RECOMMENDATION: It is recommended that · 1) 2) 3) Council repeal By-laws 2000-234, 2000-246 & 2001-117, being existing by-laws designating the subject land as exempt from Part Lot Control; Council approve the request and pass a new consolidated by-law to designate Blocks 1, 2, 3 & 4, Registered Plan 59M-279, as exempt from Part Lot Control; and the applicant be required to notify the City when the separate deeds as described in this report have been registered. BACKGROUND: The subject land on Shane Crescent is shown on the attached location map and contains on-street townhouse units. Councilpassed By-laws 2000-234 and 2000-246 on October 30, 2000, and By-law 2001-117 on June 11,2001, to remove these properties from Part Lot Control. This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi-detached or on-street townhouse units. The by-laws remain in full force and effect for two years from their date of passage to allow a reasonable time frame for the applicant to complete the sale of the individual properties. After this time period, the by-laws shall be repealed by the municipality. Therefore, the applicable by-laws for Blocks 1 and 4 have expired, and the by-law for Blocks 2 and 3 will expire in June 2003. In a letter dated November 18, 2002 (see attached), the applicant's solicitor submitted a request to approve a new Part Lot Control By-Law for the entire plan as not all of the units have been sold. A consolidated Part Lot Control By-law with a common expiry date respecting all blocks within the Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development November 25, 2002 - 2 - PD-2002-111 subdivision will improve the administration of the process and provide additional time for the marketing and sale of the units. The properties are within the St. Paul Court plan of subdivision which was registered in September 2000. The required building permits have been issued and separate connections for watermains and sewer laterals were provided for each on-street townhouse unit through the construction process. The attached Reference Plans (59R-11199, 59R-11210, 59R-11409 and 59R-11413) show the configuration of the lots, foundations and centreline of the common wall between the units. Additional information indicates existing and proposed easements as well as areas of overhanging eaves which could be addressed through maintenance agreements between future property owners. The land is appropriately zoned Residential Mixed (R3) through By-law 2000-38 and the development satisfies zoning by-law provisions. Approval of the Part Lot Control By-Law is required to create property lines between the dwelling units in accordance with the submitted reference plans and allow each unit to be sold with a separate deed. CONCLUSION: The removal of Part Lot Control will permit the division of the land to allow separate ownership of each townhouse unit. The use of this Planning Act mechanism is appropriate in this case. The approval of a new consolidated by-law will improve the administration of the process and enable future sales of units. If Council approves the recommendation of this report, the by-law to designate the land as exempt from Part Lot Control is included in tonight's Council agenda. The registration of this by-law is required forthwith to allow the completion of a unit sale scheduled to close on November 27, 2002. Prepared by: Richard Wilson Planner 2 Respectfully sub~mitted:. ] John MacDonald Chief Administrative Officer Recommended by: ~i~oug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services RW:gd Attach. S:~DR~002hUD2002- 111 Part Lot Control, Shane Crescent.wpd Removal of Part Lot Control Shane Crescent Blocks 1, 2, 3 & 4, Registered Plan 59M-279 O O O O oO00°° o00 oO0° o oooo 000 oOOO0 o00~ oO ° o o Hydro 0000 O0 O0 0 oO° o 0°° 0oo o oO0 O0 00000 oo° o oo0° o~0 Location Map o o 0 o o 0 0 o o o o 0 o 0 0 o o o o Mountaingate Drive Subject Land 1: NTS S :XSubdivsionXPsubd'~St PautCtXplcbl°ck4 .aPr November 2002 LaRose, Leon, Taylor & Mark J. LaRose, B.A., LL.B. Paul D. Leon, B.A., LL.B Paul R. Taylor, B.A. LL.B. Angelo P. Fazad, B.A., B.Comm., LL.B. BARRISTERS and SOLICITORS Fazarl LLV ....... P.O. Box 366, 149 West Main Street Weiland, Ontario, Canada, L3B 5P7 Telephone: (905) 735-2921 Facsimile: (905) 735-4519 November 18, 2002 The Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls, Ontado L2E 2K9 ATTENTION: Rick Wilson Dear Sirs; RE: 1397945 Ontario Limited sale of Blocks 1,2, 3, 4, Plan 59M-279 Part Lot Control By-Laws Please be advised that we are the solicitors for the vendor of the above noted property. Further to your conversation with our assistant, Diane, we hereby request that a new Part Lot Control By-Law be passed with respect to the above noted properties, as not all of the units have been sold. We understand that the previous by-laws for Blocks 1 & 3 expired on October 30, 2002, and the by-laws for Blocks 2 & 3 will expire in June 2003. We wish to extend the by-law for all four blocks at this time. The Reference Plans have been registered on these properties as 59R-11199 and 59R-11171. We enclose our cheque in the amount of $250.00, as payment for the Part Lot Control By- Law. We would appreciate this matter being brought before the council meeting on November 25th, as one of our transactions is scheduled to be completed on November 27th, and we will require the part lot control by-law to be registered prior to closing. If you have any questions, or require any further information, please do not hesitate to contact us. Yours truly, LAROSE, LEON, TAYLOR & FAZARI LLP ~eon~o~~ d RECEIVED NOV 1 8 2002 PLANNING & DEVELOPMENT sc.m,~E ........... PLAN 59R- JL~ METRIC NOTE g; Part of Stamford Township Lot 24 ~.~ ............. t : : l[ BLOCK 2 ~. , . ~ & ~ ,~ - o~,(~r; BLOCK ~ ['t O;;~: C K 1 ~[ PLAN 59M-279 : ....... ~ ~ ' ? '~ , ~ , c-,.~ ~5.~ ~. ~s ~Y ~ ~ ~ ~ct ~ ~ AC~ Shone ~ ,,,,, - 0,,, Crescent 2urve~g ~ited one ~. ,,~ - o,,~ Crescen NOTES ~[ ~mL W ~= ~) ~ETRIC NOTE ~ .... ~ . J LEGEND 5 9 M- 2 ? 9 , . .. ,, , - : J BLOCK 3 ~ ~ BLOCK 4 PLAN 59M-279 } ~ ~ ~ ......... / REGIONAL MUNICIPALITY OF NIAGARA .... ~'"[ J ........ · ' SURVEYOR'S CERTIFtCATF Surve~ng ~mited SC,£DUL~ , "<~,~ ~,S "~ PLAN 59R-..LL..qz:q BEARING NOTE A I I I I I I I ~ -'~~~.lt ~t- ~1 III II I~ ~ I I I I I '1 I I I I~i I~ ~' "Ht sc.~ou~c , .~,~.~ ,-. ~ PLAN 5gR-J Lq.t~ Part of Stamford To~sh~p Lot E4 m ~. ~ _ LOT 1 2 Z~.~ ~m. ~:"~ ~ ~ta~ B NOTES 1 ~ ~, /~' ~ ' .... BEARING NUI~ B , .L 0 J, C K 'x/' 2 . ~ ~~.~ { I PiN 64275~154(d)// ',, ~: ~ ' PLANt' { 59M ,¢ - ~'~ 279 ~ , Beta 'A' JLm ¢~-~%~' -- .... ~ m ~ .'1 ~ ..... . SURVEYOR'S CERTIFICATE m PIN 64275-0155(LT) I ~ '& "0- ~'/ ' ~1 o Niagara Falls ~~,. Local Architectural Conaervaflon Advlaory Committee 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel,: Fax: E-mall: (905) 356-7521 (905) 356-2354 planning~icity.nlagarafalls.on.ca PD-2002-112 Todd Barclay Chair November 25, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-112, Matters Arising from the Local Architectural Conservation Advbory Committee (LACAC) RECOMMENDATION: It is recommended that ~ ' ' BI~ CHANGED I~ BI. AC[ OR BRO~ ~O DARK ~ERRA COl'PA; ~ND THAT ~ ~ I~I~S B~ DEFERRED. BACKGROUND: The following matters were discussed by the Local Architectural Conservation Advisory Committee (LACAC) and are brought forward for Council's consideration. 1. Building Alterations: a) The Egerton Morden House - 6145 Corwin Avenue The owner of the property, Ion Jouppien submitted a letter stating that he would like to replace the existing asphalt roof with a "Spanish tile style" metal roof. Mr. Jouppien reports the roof is leaking which is causing interior water damage. LACAC met with the owner on November 15, 2002 to review his request. Mr. $ouppien believes a steel roof offers the best long-term protection of the build/nE. The historical report on the property states the original roof would likely have been wood shingle. The Committee recognized that some metal roofs were available in the mid-19th century, but it was unlikely that a Spanish tile r°of would have been used. While the material of the roof was not specifically mentioned in the rea,sous for designation, the roof represents a significant architectural element. Therefore, the following motion was adopted: Working Together to Serve Our Community Clerks * Flnence · Human Resources · Information Systems * Legal * Plonning & Development November 25, 2002 - 2 - PD-2002-112 b) THAT LACAC advise Council on the Committee's support of asphalt, wood shingle, or metal roofing material for the reconstruction of the Egerton Morden House roof. If metal roofing is selected by the homeowner, it is the LACAC's opinion that a rolled or standing seam roof treatment would be most suitable for the structure from an architectural and visual perspective. A darker shade of roofing, brown or black, would allow the roof to blend in and compliment the prominent features of the house without becoming a dominant feature itself. Buchner House - 6172 Buchner Place The owner of the Buchner house,Wayne Scott, approached the LACAC Chair and City staff and verbally advised them of his intention to install vinyl siding over the existing stucco exterior. The matter was brought to the LACAC for their consideration. The Committee felt they needed more information to discuss the matter further. LACAC also wished to review the reasons for designation and to meet with the property owner before making a recommendation. The following motion was adopted: THAT LACAC defer consideration of a verbal request from the homeowner to install vinyl siding on the house pending obtaining additional information from the property owners. Designations: a) John Ingles House - 6151 Culp Street The owner, Gail Ann Boulter, requested that the property at 6151 Culp Street be designated as a heritage property in the City. The site is included in the LACAC's inventory of Heritage Resource Properties and an extensive report had been prepared on the house. The house, an example of Cottage Gothic, a picturesque style popular in the mid 19th Century, was built in the mid 1800s. In 1886, the house was purchased by John Ingles, son of Reverend Charles Leycester Ingles, second rector of All Saints Church. John Ingles was a prominent engineer. Mr. Ingles resided in the house until 1909. The LACAC reviewed the designation request and conducted a thorough evaluation of the property, taking into consideration its architecture, history, environment and integrity. Following a favourable evaluation and a meeting with the homeowners, the Committee adopted the following motion: THAT Council authorize staffto initiate proceedings to designate 6151 Culp Street as a property under Part IV of the Ontario Heritage Act. November 25, 2002 - 3 - PD-2002-112 b) Jolley Cut On November 19, 2001, Council approved a motion that the matter of the Jolley Cut be referred to the LACAC for further consideration. It was suggested that as part of this referral, LACAC consider whether or not the Jolley Cut is worthy of designation. On January 16, 2002 LACAC passed a motion: THAT LACAC has determined the Jolley Cut meets and exceeds the Provincial Evaluation Process for Cultural Landscapes and LACAC's Evaluation Criteria for Heritage Resource Properties and, therefore, deems it worthy of designation. A report with the full background will be provided to the consultant who will be conducting the planning study on the Jolley Cut. At the Council meeting of September 16, 2002, Council concluded it would retain ownership of the Jolley Cut and would enter into negotiations with the Niagara Parks Commission for long-term maintenance. At that same meeting, a motion was made by Alderman Wing, seconded by Alderman Federow, that Council begin the process of designating the Jolley Cut under the Ontario Heritage Act as a significant natural feature. In response, the City Solicitor advised that under the Ontario Heritage Act, the Local Architectural Conservation Advisory Committee (LACAC) should make the recommendation to Council regarding the designation of the Jolley Cut. LACAC further considered the matter of the Jolley Cut at its meeting November 6, 2002. Although it was recognized any action may be premature until the negotiations with the NPC are finalized, LACAC wished to go on record as supporting heritage designation. Therefore, the following motion was adopted: That Council authorize staff to initiate the proceedings to designate the City-owned portion of the unopened road allowance at the east end of Robinson Street, known as the Joiley Cut, as a significant historical and cultural feature under Part IV of the Ontario Heritage Act. CONCLUSION: The LACAC is seeking the concurrence of City Council on these matters. Respectfully submitted: Local Architectural Conservation Advisory Committee BM:tc Clerk's Department Inter-Departmental Memorandum The City of Niagara Falls Canada To: From: Subject: Mayor Wayne Thomson & Members of Council Dean Iorfida City Clerk Ext. 4271 This Week's Council Package Date: November 22, 2002 Please accept my apologies for this week's Council package which had to be assembled the old- fashion way: by hand, by staples etc. Unfommately, Mike Harris, our Printer, had a death in the family which made him unavailable for our Friday assembly of the packages. Your understanding is appreciated. World,O Tooet~er to Serve Our Conmmnit~ Niagara Falls Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 edujlovi@city, niagarafalls.on.ca MW-2002-154 Ed Dujlovic Director November 25, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002 -154 Municipal Parking & Traffic Committee Recommendations - November 19, 2002 Meeting RECOMMENDATION: 1) Increase in Parking Infraction Fines - Parking Meter Violation It is recommended that: the parking infraction of $15.00 for parking overtime at a parking meter be rescinded; and, this issue be forwarded to the Municipal Parking and Traffic Committee to work out a plan for a 2 tiered parking violation system allowing for lessor fines at parking meters in the Downtown, Main Street and Stamford areas. 2) MW-2002-133 - Request for Heavy Vehicle Restriction including Buses for John Street It is recommended that: a heavy vehicle restriction including "no buses" be implemented on John Street between River Road and Ontario Avenue; a heavy vehicle restriction including "no buses" be implemented on Philip Street between River Road and Ontario Avenue; o a heavy vehicle restriction including "no buses" be implemented on Otter Street between River Road and Ontario Avenue; and, Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services November 25, 2002 - 2 - MW-2002-154 a heavy vehicle restriction including "no buses" be implemented on Ontario Avenue between Otter Street and Hiram Street 3) MW-2002-134 - Drummond Road at Cuip Street - Intersection Control Review It is recommended that: no changes be made at this time to the existing traffic control devices at the intersection of Drummond Road at Culp Street; and, provision to include exclusive left turn lanes for northbound and southbound traffic be considered, during the Environmental Assessment Review of Drummond Road between Lundy's Lane and McLeod Road which will be considered in the 2003 Capital Budget. 4) MW-2002-135 - HighLand Avenue - Request for Rumble Strips It is recommended that no further action in regards to the implementation of a Neighbourhood Traffic Management Program be carded out on Highland Avenue, at this time. 5) MW-2002-136 - Dell Avenue - Intersection Control Review It is recommended that: an all way stop control be installed at the intersection of Dell Avenue and Churchill Street; the yield sign facing westbound motorists on Skinner Street at Dell Avenue be replaced; and, the bylaw "89-2000" Schedule C be updated to reflect the em'rent parking restriction on Amd Street. 6) MW-2002-143 - Harper Drive at Marcel Crescent - Intersection Control Review It is recommended that a stop sign be installed facing southbound motorists on Marcel Crescent at Harper Drive. 7) MW-2002-147 - Review of the Falls Avenue Pedestrian Traffic Signal It is recommended that: 1) the pedestrian signal remain in place and that further studies be undertaken during the 2003 Tourist Peak Season (July and August); 2) Enforcement of the parking regulations be increased along Falls Avenue, to facilitate traffic flow, during the peak tourist season; November 20, 2002 - 3 - MW-2002-t 54 3) Pedestrian countdown signal heads be included for installation in the 2003 budget; and, 4) Staff facilitate a meeting with the stakeholders along Falls Avenue to discuss improvements to the traffic situation. 8) MW-2002-148 - School Crossing Guard Crest/Logo Competition It is recommended that: Council support the adoption of a School Crossing Guard Crest/Logo competition (Report MW-2002-148 attached); the City of Niagara Falls provide the prize money (i.e., personal computer) to be awarded as the grand prize, as well as, endorse the contribution of prizes offered by other contributors; and, a judging panel made up of members of the Municipal Parking and Traffic Committee be set up to select the finalists for presentation at a future Council meeting. 9) Downtown BIA - Request for 2~hour free parking at On-Street Parking Meters Only during Month of December Only It is recommended that 2~nour free parking, at on-street parking meters only, in the Downtown Core, during the month of December only, be approved. BACKGROUND: The Municipal Parking and Traffic Committee, at its meeting of November 19, 2002, considered the matters noted and formulated the recommendations above. City Council's concurrence with the recommendations outlined in this report would be appreciated. Alderman Kim Craitor, Chairperson, Municipal Parking & Traffic Committee K. Dren S :\TRAFFIC~PORTSX2002~2002 CouncilhMW-2002 - 154.wpd Community Services Department MW-2002-148 The City of ~l~l~lt Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi(~city, niagarafalls,on.ca Ed Dujlovic, P. Eng. Director November 19, 2002 Alderman Kim Craitor, Chairperson and Members of the Municipal Parking and Traffic Committee, City of Niagara Falls, Ontario Members: RE: M'~-2002-148 Sehool Crossing Guard Crest/Logo Competition RECOMMENDATIONS: It is recommended that: 1. Council support the adoption of a School Crossing Guard Crest/Logo competition; and, the City of Niagara Falls provide the prize money (i.e., personal computer) to be awarded as the grand prize, as well as, endorse the contribution of prizes offered by other contributors. BACKGROUND: In July 2000, the Parking and Traffic Committee approved the adoption of policies and procedures to improve the operation of the school crossing guard program. Several changes were implemented to address the absentee problems, provide consistent procedures, improve the appearance of the crossing guards and to provide the oppommity for staffto better educate the public. Since the adoption of the new policies and procedures, staffhas been using a logo from the City of Mississauga (limited use privileges) in newspaper advertisements, policy/procedure handbooks, etc. to help promote the Crossing Guard Program. We do not have permission to use Mississauga's logo beyond its current use. As part of the procedural changes a crest/logo is to be developed for placement on the winter jacket and shirts to help identify the guards to the motoring public and make them more recognizable to the children. In order to facilitate the development of a crest/logo for the City of Niagara Falls Crossing Guard Program, Staff would like to open up a competition to the City's elementary schools. By involving the schools, it would encourage children to participate in the Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services November 19, 2002 -2- MW-2002-]48 development of the crest/logo, thereby providing ownership, at the same time, it would give staff the opportunity to further educate children, teachers and parents about the importance of our school crossing guards, the rules of the road and other issues involving safety. The City of Niagara Falls crossing guard program is vital to the safety of school children in our community and has been very successful. The crest/logo would be worn on the uniforms and jackets of the crossing guards and will represent the City's commitment to safety and to reflect the cooperation that exists between the crossing guards and the children they assist on a daily basis. It is suggested that the competition be open to elementary schools only. Teachers will submit designs compiled by their classroom and each school may submit one design from each grade level. We are hoping to have prizes made available for each grade from Kindergarten through to Grade 8, and one grand prize supplied by the City to the school that has the overall winning design. Several organizations have expressed an interest in providing corporate sponsorship. The Niagara Parks Commission, The Maid of the Mist, Imax Theatre, Parks Canada and the Ontario Science Centre have generously offered classroom trips to their respective educational destinations. We have advised these agencies that the program is in its preliminary stages and will keep them updated pending Council's approval. If Council is supportive of this program, additional sponsors will be approached so that a total nine prizes are available to be won by elementary schools in the City. When a complete sponsor package has been tentatively approved, Staff will approach both school boards to involve them in the program and provide time frames and competition rules. The Committee's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: Karl Dren Manager of Traffic & Parking Services Approve~ b~ Ed Dujlovic Director of Municipal Works S. Wheeler S:\TRAF~RTS~002XNovember 19hMW-2002-148.wpd File: G-180-06 The Cih/of Niagara Falls Canada Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-7404 d iodid a@city, n iaga rafalls, on. ca CD-2002-020 Dean Iorfida City Clerk His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario November 25, 2002 Members: Re: Council Appointments on Outside Agencies, Boards etc. RECOMMENDATION: For the information of Council. BACKGROUND: At the October 21 st meeting, Council passed a motion requesting staff look into the legal status, roles and responsibilities of Council appointments to the various outside Boards and Agencies. As Council is undoubtedly aware, it appoints members from within its ranks to a number of outside organizations, agencies, boards and commissions (referred to as ABC's by political scientists). The list includes the Chamber of Commerce, the Boys & Girls Club, the Transit Commission, Niagara District Airport Commission, the Board of Museums, Niagara Falls Tourism, the Humane Society, the Library Board,'t'fie Niagara Parks Commission, the Y.M.C.A., Project Share and the Winter Festival of Lights, amongst others. Council appointees' membership on such Boards may be statutorily mandated (such as the Niagara Parks Commission by virtue of the Niagara Parks Act) or may be specifically referred to in the organization's constitution. Some organizations may wish to have a Council appointee on their board to provide a link between their organization and Council. Other organizations may choose to have a Council member on board for the input and perspective they may provide. Finally, the presence of a Council member on a given board may be in recognition of the funding provided by the municipality. For example, if the Council is going to approve funding for an organization, it should have some say in the organization' s operation to ensure that taxpayers' money is being wisely spent. }Forking Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning& Development November 22, 2002 - 2 - CD-2002-020 When Council members do sit on ABC's or the Board of Directors of outside agencies they are usually afforded the same rights and privileges of other Board members, most notably the fight to vote. There may be some examples in other municipalities where a Council appointee's role is strictly advisory i.e. non-voting. Such rights should be indicated in an ABC's or organization's constitution or operating by-laws. What is a Councillor's Role or ResponsibiliO; on an ABC or Board of Directors? As previously mentioned, an Alderman' s role is to provide a information link between the ABC and Council and to ensure that if Council funds the operation, taxpayers' money is being wisely spent. The bookAgencies, Boards and Commissions in Canadian Local Government, which can be viewed as the definitive work on ABC's adds the following: Council cannot provide specific, binding directions to an appointee, but it can provide some general indications of the feelings of council about certain issues. How satisfied (dissatisfied) is council with the current operation of the agency? Does council want the ABC to "stay the course" or to make major changes? Council's influence will be affected by the number of members it has on an ABC and by how beholden the organization is to the City's funding source. Could an ABC Remove a Councillor from its' Board If the ABC's by-laws or constitution has a mechanism which allows for changes to the Board's structure, theoretically a majority of Board members could vote to eliminate Council's seat on the Board. By taking such actions, however, the Board would be risking future support from Council, financial or otherwise. Council's ultimate leverage is its' ability to have an impact on the organization's budget. The Case of the Bols and Girls Club The Boys and Girls Club is an outside organization in which Council has a member on its' Board of Directors. Although the Boys and Girls Club may not entirely fit the definition of an ABC (agency, board or commission), it is an example of a partnership between the municipality with a community organization; therefore, much of the aforementioned discussion, vis a vis Council membership and boards, applies. In 1995, Council approved CD-95-10 (attached) which appointed Alderman Pietrangelo as Council's appointment to the Boys & Girls Club Board of Directors. The rationale behind the appointment was because of the City's funding of the Club. In 2002, for example, the City provided $194,000 in funding to the Boys & Girls Club. The 1995 report also states the Club "welcomed the addition.., to obtain additional input and a fresh perspective." Alderman Pietrangelo has remained Council's appointee since that time. His appointment as a Board member has been ratified at the Boys & Girls Club's Annual General Meeting since 1995. November 22, 2002 - 3 - CD-2002-020 This year, the Boys & Girls Club began questioning the role of Council's appointee to their board. Apparently, a meeting was held without informing Alderman Pietrangelo and there was some question as to whether he is a full-fledged Board member or merely a "liaison". The Executive Director of the Boys and Girls Club recently wrote to our City Solicitor asking for clarification on roles and responsibilities in anticipation of their General Meeting early next year.(attached). In August, a copy of Council's 1995 report was faxed to the Executive Director. In addition, Parks, Recreation and Culture staff studied the Boys & Girls Club constitution. Under a section called Appointments (attached), the following is stated: The Board of Directors may extend an invitation to membership on the Board of Directors of the Club to members of any organization or Service Club that supports the Club financially. Each Club or organization may fill no more than two seats on the Board of Directors and they shall be considered voting members. Conclusion Staff is of the opinion that Alderman Pietrangelo has been lawfully appointed to be a member of the Boys & Girls Club Board of Directors and, as a result, should be afforded all rights and privileges, such as voting, granted to other Board members. The legitimacy of this appointment has been confirmed on an annual basis at the Boys & Girls Club's General Meetings and is expressly written in their constitution. Also, it should be explicitly stated that, until this year, the validity of Council's appointment to the Board has never been questioned. Alderman Pietrangelo has carried out his activities similar to all other Boys & Girls Club Board members in good standing. Other than the obvious fact that their constitution may preclude them from doing so, should the Boys & Girls Club wish to change the current arrangement, that sees a Council member sit on their Board, they should approach City Council declaring such an intention. If such a declaration is made, at that time it would be up to City Council to decide what the appropriate course of action should be. Recommended by: City Clerk Respectfully submitted: ~m[ inistrative Officer Approved by: T. Ravenda Executive Director of Corporate Services The C~tof Magara Fa~s Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E6X5 web site: www.city.niagarafalls.on.ca Dean Iorfida City Clerk Tel: (905) 356-7521 Fax: (905) 356-9083 Fax TransmiSsion:Form Date: ~tJ('~ Y /b~ Our File No. No. of Pages Transmitted I To; Attention: Fax Number: From: Reply Requested: YES U NO ASAP If y° u have any ProblemS reC.e iving thi~ ~an~m ix3~°nl;: Pleas e :b°ntacti , : at (905) 356,7521 Ext. ~:2'/I Thank.you. Special Instructions: ~---~-_N_O_UT}. ~-, ,I~". I d. Mayor/CAO 374-3557 Human Resources 356-5110 Building/Legal 374-7500 Library/Victoria Avenue 356-7004 Business Development 357-9293 Niagara Falls Arena 354-9119 City Hall - pt Floor 356-0759 Parks, Recreation & Culture 356-7404 City Hall - 2nd Floor 356-2354 Payroll 356-4431 Clerk's Department 356-9083 Service Centre 356-6460 Community Services 357-9293 Service Centre/Garage 353-9468 Fairview Cemetery 354-7706 Service Centre/Stores 356-7556 Finance Administration 356-2016 Supply & Services 356-1774 Fire Department 356-6236 Traffic & Parking Services 353-0651 Fire Prevention 356-1583 Water Department 353-8612 SSFORMS\Fax Cover Sheet. wpd Working Together To Serve Our Community The City of Niagara Falls Canada city Hal~ 4310 Queen Street · Niagara Falls, Ontario L2.E 6X5 Phone: (905) 356-7521 Fax: (905) 356-0759 CD-95-10 February 27, 1995 His Worship Mayor Wayne Thomson and Members of the Municipal Council, City of Niagara Falls. Members: Re.- CD-95-10 Council Representation on Board of Directors Boys and Girls Club P.~ECOMMENDATION: That Council appoint an Alderman to be the City representative on the Board of Directors of the Niagara Falls Boys and Girls Club. BACKGROUND: It has been suggested by Alderman Pietrangelo that the City appoint an aldermanic representative to the Board of Directors of the Niagara Falls BoYs and Girls Club. The Boys and Girls Club receive funding from the City through Parks and Recreation which is the reason for this suggestion. Staff have contacted the Boys and Girls Club who have indicated that they welcome the addition of an Alderman as City represemation to their Board. They view the appointment as an opportunity to obtain additional input and a fresh perspective. Prepared by: E.C. Wagg, City Clerk. Respectfully submitted: E. P. Lustig, Chief Administrative Offic6r. ECW:ko crrY OF NIAGAI~k FALLS By-law No. 95 -48 A by-law to provide for appointments to certain Boards, Commissions and Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: PROJECT S.H.A.R.E. BOARD OF DIRECTORS That Alderman S. Volpatti, be appointed to the Project S.H.A.R.E. Board of Directors for the 1995-1997 term. BOYS AND GIRLS CLUB BOARD OF DIRECTORS That Alderman V. Pietrangelo be appointed to the Niagara Fails Boys & Girls Club Board of Directors for the 1995-1997 term. ~)OCIAL PLANNING COUNCIL That Alderman V. Piatrangelo and Alderman S. Volpatti be appointed as Council representatives to the Social Planning Council for the 1995-1997 term. Pa~sed this 6th day of March, 1995. WAYNE THOMSON, MAYOR First Reading: March 6 ,1995. Second Reading: March 6 ,1995. Third Reading: March 6 ,1995. 08/09/2002 10:36 FAX 905 356 7404 PARKS&REC NFS ~001 The Cily of Niagara Falls Canada PARKS, RECREATION & CULTURE 7565 LUNDY'S LANE NIAGARA FALLS, ONTARIO L2~ 1G9 TELEPItONE: 905-356-7521, EXT. 4~330 I~AX: 905-356-7404 FAX TRANSMISSION FORM ATTENTION: The number of pages transmitted including this form Z~ If you have any p~oblems receiving this transmission, please call at 905-356-7521, extension 4330. YES [] A.S.A.P. [] NO [] NO RUSH [] -? REPLY R~QUESTED: S~ECIAL INSTRUCTIONS: s:~foms~axke~O.wpd 08/09/2002 10:37 FAX 905 356 7404 PARKS&RE~ NFS ~002 ii ~~By_Ianw.s -Boys and Girls Club of Niagara . Appointments: 7 The Board of Directors may emend au invitation to membership on the Board of Directors of the Club to members of any organization or Service Club that supports the Club financially. Each Club or organi~.ation may fill. no more than two seats on the Board of Directors and they shall be considered voting members. Quorum: A Quorum for the transaction of business at a meeting of the Board of Directors shall be fifty percent (50%) + one (1) of the Directors appointed. Errors in Notice: No inadvertent error or omission, in giving such notice for meeting of Directors shall invalidate such meeting or invalidate or make void any proceedings taken or had at such meeting, and nay Director may at any time waive notice of any such meeting and may ratify and approve of any or all proceedings taken. Voting: Motions arising at any meeting of the Board of Directors shall be decided by a majority of votes. The President does not have voting power except in the event of a tie vote. All votes at any such meeting shall be carried by a simple show of hands, unless a Director demands that a vote by ballot be taken. A declaration by the President that a resolution has been carded and an entry to that effect in the minutes' shall be admissible as evidence as proof of the resolution. Proof of the number or proportion of the votes recorded in favour of or against such resolution, is not required to be 'recorded unless so demanded by a Director. In the absence of the President, bis/her duties shall be performed by the Vice-President or such other Executive member as the Board of Dkectors may appoint for that purpose. Boys and Girls Club of Niagara 6681 Culp Street · Niagara Falls · Ontario · L2G 2C5 · Phone 905-357-2444 · Fax 905-357-7401 Mr. Ray Kallio City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Fax: 905 356-0759 October 30, 2002 Dear Mr. Kallio: LEGAL DEPT. NOV 0 5 2002 .ACTION -.,5,-~uss In recent years, significant resources have been dedicated to the development of thc Club's infrastructure and more importantly enhancement and expansion of programs and services for the children and youth. This would not have been possible with out thc full support of the City of Niagara Falls. With thc intention of strengthening this partnership, the Boys and Girls Club of Niagara is seeking input from you and others to better define the role and responsibilities of the City Appointee to the Board of Directors. Please find attached, the resolution made by Council, February 27, 1995 to place an aldermanic representative on the Board. The rationale for this placement appears to be a custodial in nature. "The Boys and Girls Club of Niagara receive funding from the City through Parks and Recreation, which is the reason for this suggestion." (CD-95-10) The Office of the Pubhc Guardian and Trustee confirms that all Board members of the Boys and Girls Club of Niagara owe a fiduciary duty to the Club to act in the best interests of the Club and may not allow the interests of a third party to interfere with this duty or act in a manner detrimental to the Club. The Club reco~tmiTes the value of the Aldermanic representation and is confident that the role and responsibilities of this position can be developed to ensure that both parties can be well served, strengthening our partnership for the betterment of the Niagara's children and youth. Our Constitution and Bylaws Committee will meet November 20, 2002 to prepare recommendations for the Annual General Meeting, March 2003. Your input on the role and responsibilities would be most appreciated. Sincerely, Executive Director CC. Dan Nywening, Chairperson of Personnel Victor Pieterangelo, City Appointee Celebrating the Potential of All Children and Youth Charitable Donation #106804628RR0001 The City of Niagara Falls~ Canada Corporate Services Department {.iI flr;, FflLLS CLERKS~ 0~. 1 i2~- i i :0~ Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city, niagarafalls.on.ca R.O. Kallio City Solicitor November 20, 2002 Boys and Girls Club of Niagara, 6681 Culp Street, Niagara Falls, Ontario. L2G 2C5 Attention: Ms. JoAnne Hett Executive Director Dear Ms. Hett: Re: City Appointee to Board of Directors Boys and Girls Club of Niagara Further to your letter dated October 30, 2002, in the above-named matter, this is to advise you that I will forward your letter to Mr. Dean Iorfida, City Clerk, who is looking into this matter and will be reporting on it to Council. You City Solicitor ROK/sm c. Dean Iorfida City Clerk Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development Niagara Fails ~,~ Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalts.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@city.niagarafalls.on.ca L-2002-77 R. O. Kallio City Solicitor November 25, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2002-77 Release of Certain Conditions LaPenna, Frank, Agreement with the City Building Permit - Testamentary Devise Detenbeck Road at Willoughby Drive Our File No.: 2001-117 RECOMMENDATION: That Council confirm that Frank LaPenna has complied with Part II of a Testamentary Devise Agreement made between The Corporation of the City of Niagara Falls and Frank LaPenna dated June 4, 2001. BACKGROUND: In 2001, The Corporation of the City of Niagara Falls entered into an Agreement with Frank LaPenna to require the owner to carry out certain improvements to Willoughby Drive in order to provide access to existing lots created by means of the Testamentary Devise process. The owner has complied with the conditions as set out in the Agreement and is requesting confirmation of compliance of Part II of the Agreement in accordance with section 17 of the Agreement. }Forking Together to Serve Our Community Clerks · Finance · Human Resoumes · Information Systems · Legal · Planning & Development November 25, 2002 - 2 - L-2002-77 This matter has been circulated to staff in the Municipal Works Department and they advise that works contemplated in the Agreement were completed and the $20,000.00 cash deposit submitted as a condition of the Agreement has been returned to Mr. LaPenna. Prepared by: Mary Morrone Law Clerk Respectfully submitted: ~dCm~On~sa~rdat i v e Officer Rey~K~i~° tl by: City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services Niagara Falls Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@city.niagarafalls.on.ca L-2002-79 R. O. Kallio City Solicitor November 25, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2002-79 Pietrangelo Agreement with the City Building Permit - Testamentary Devise Carl Road and Montrose Road Our File No.: 2002-569 RECOMMENDATION' That an Agreement dated November 19, 2002 between Benny Pietrangelo and the City regarding Application for a Building Permit be authorized. BACKGROUND: Benny Pietrangelo is the owner of Part of Lot 1, Concession 1, in the former Township of Crowland, now in the City of Niagara Falls, designated as Part 12 on Reference Plan No. 59R-3305 and shown in heavy outline on the Plan attached. The subject parcel was created under Testamentary Devise by the Last Will and Testament of Antonio Pietrangelo. Pursuant to City policy respecting lots created in this manner, any person or persons making Application to the City for a Building Permit is required to enter into an Agreement with the City to ensure that no Building Permit would be issued until such time as certain requirements are met. The Agreement not only binds the owner of the subject lands but also his heirs, executors, administrators, successors and assigns and assigns in title. In exchange for meeting the requirements described in the Agreement, a Building Permit would be granted to the owner of the subject lands. Working Together to Serve Our Community Clerks · Finance · Human Resoumes · Information Systems · Legal · Planning & Development November 25, 2002 - 2 - L-2002-79 Staff reviewed the request and has determined that an Agreemem between the owner and the City would be appropriate to adequately protect the City. Prepared by: Mary Morrone Law Clerk Respectfully submitted: fMAadCt2?n~sa]rdative Officer R by: Ray Kallio City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services MM/lb . i- PART OF LOT I-CON. t IN -rt4~[ :'0~'>1£~ -w\.io 0-- ":' .'. '.',-: Niagara Falls ~,,~ Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@city, niagarafalls.on.ca L-2002-54 R. O. Kallio City Solicitor November 25, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2002-54 Declare Lands Surplus and Offer for Sale Vacant Land - 8709 Lundy's Lane Our File No.: 2002-332 RECOMMENDATION: That City-owned lands with the municipal address of 8709 Lundy's Lane be declared surplus and offered for sale to Lenny Serravalle and Marcella Serravalle, one set of the abutting owners, for fair market value. Further, that the purchasers pay for all costs associated with the sale including the cost of a Reference Plan and an Appraisal, which costs will be credited to the purchasers on closing. BACKGROUND: As a result of tax arrears, the land municipally known as 8709 Lundy's Lane was vested in the City of Niagara Falls on June 27,2001. The land has a frontage of approximately 60 feet and a depth of approximately 260 feet and is located on Lundy's Lane, west of Kalar Road (in the Lundy's Lane Satellite District), is zoned Tourist Commercial (TC) and is shown hatched on the plan attached as Appendix "A". Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development November 25, 2002 - 2 - L-2002-54 We have received a request from one of the abutting owners that the City consider declaring the land surplus and offering it for sale to them. Staff has no objections to the request and concurs that the land could be offered for sale to the purchasers to form part of their existing holdings. Prepared by: Mary Morrone Law Clerk onald nistrative Officer R eRa~~Ka o~ by: City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services MM/lb I monumentofion shown on this plan was planted t or a predecessor firm unless otherwise slated. I ZI INST, ~45274 ~ S~A.? I~.~ N01'IZl$"W ~ 1 $ R KALAR ROAD ~-~ GRANTEi BE'N~r '~ONSTR~ LTl), PART I P~R? 3829 I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE REGISTRY ACT. PLAN 59 RECEIVED AND DEPOSITED LAND REGISTRAR FOR THE REGISTRY DIVISION OF NIAGARA SOUTH 155,4Z SlB ~ 'Z. '~, J 8URVEYoR;~ CERTIFICATE J PLAN OF SURVEY OF The City of Niagara Falls Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-maih (9O5) 356-7521 (905) 371-2892 rkallio@city, niagarafalls.on.ca L-2002-78 R. O. Kallio City Solicitor November 25, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' L-2002-78 Release of Site Plan Agreement 6800-6812 Lundy's Lane Our File No.: 2002-251 RECOMMENDATION: That the release of a Site Plan Agreement registered on title of the lands known municipally as 6800- 6812 Lundy's Lane is authorized and that the Mayor and Clerk be authorized to execute any documents necessary for the purpose of releasing and terminating the Agreement, at no cost to the City. BACKGROUND: In 1968 the owner of 6800-6812 Lundy's Lane entered into a Site Plan Agreement with the City for the purpose of a galvation Army Citadel. The Site Plan Agreement provides that the covenants contained therein bind the property only for a period of twenty years from the date of the Agreement. With this "sunset" clause the Plan is no longer in force, and therefore, their Solicitor has requested that the Site Plan Agreement be released. Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development November 25, 2002 - 2 - L-2002-78 Staff confirms the 1968 Agreement is no longer required and may be terminated and removed from the title to the property, at no cost to the City. Prepared by: Mary Mo¥1'one Law Clerk jo~~D~ectfully submitted: onald Chief Administrative Officer Re0~~~]i° Id by: City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services Niagara Falls Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: Fax: E-mail: (9O5) 356-7521 (905) 371-2892 rkallio@city, niagarafalls.on.ca L-2002-80 R. O. Kallio City Solicitor November 25, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2002-80 Regional Assumption of Beechwood Road Part of Beechwood Road Between Mountain Road and Thorold Stone Road Our File No.: 2002-181 RECOMMENDATION: That the closed portion of Beechwood Road designated as Part 15 on Reference Plan No. 59R-11808, be declared surplus. 2. That a land exchange be authorized as follows: (a) Part 15 on Reference Plan No. 59R-11808 be transferred to Walker Industries, for nominal consideration. Co) Part 7 on Reference Plan No. 59R- 11808 be acquired by The Corporation of the City of Niagara Falls from Walker Industries, for nominal consideration. o That this will constitute notice to the public with respect to the Transfer of Part 15 on 59R- 11808 to Walker Industries. That Parts 14 and 16 on Reference Plan No. 59R- 11808 being part of Regional Road No. 70, be transferred to The Regional Municipality of Niagara, by way of the Region adding these parts to the Regional Road System. Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development November 25, 2002 - 2 - L-2002-80 BACKGROUND: At its meeting of August 13,2001, as set out in Report # MW-2002-112 attached as Appendix "1", Council supported a proposal by Walker Industries for the realignment of Regional Road No. 70 between Beechwood Road and Thorold Townline Road, as a result of an ongoing environmental assessment for the Mountain Road Transportation Review Study. To facilitate the realignment, the City was required to stop-up and close part of Beechwood Road shown as Part 15 on Reference Plan No. 59R-11808, and shown hatched on Appendix "2" attached. Part 15 on Reference Plan No. 59R- 11808 was stopped up and closed and the By-law was registered on October 24, 2002. To give effect to Report #MW-2001-112 it is now necessary for Part 15 on Reference Plan No.59R- 11808 to be transferred to Walker Industries, for nominal consideration. In exchange for Part 15 on Reference Plan No. 59R- 11808, Walker Industries will transfer Part 7 on Reference Plan No. 59R- 11808, and shown hatched on Appendix "3" attached, to the City, for nominal consideration. Further, at the meeting of August 13, 2001, Council authorized the transfer of Parts 14 and 16 on Reference Plan No. 59R-11808, as shown hatched on Appendix "4" attached. Section 23(2) of the RegionaIMunicipality Act provides that Regional Council may, by by-law, add roads to the regional road system. The City is not required to obtain an appraisal because the City is transferring part of a road allowance to the parties. Prepared by: rrone Law Clerk City Solicitor ~dby: aid /Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services The C~ of Niagara Falls mmunity Services Department Municipal Works 4310 Oueen Street P,O. Box 1023 .Niagara Falls, ON L2E 6X5 web site: www.~ty.nlagarafalls.on,ca Tel: (905) 356-7521 Fax: (905) 356-2354 August 13, 2001 Aldomum Victor Pietrangclo, Chairperson and Members of~e Community Se~ees Committee City of Niagar.a Falls, Ontario Members: Re: RECOMMENDATION: MV¢-2001-112 Mountain Road Traasportation System Review It is recommended that; 1. Thc City supports, the realignment of Mountain Road as l~r Pr~ Ed Dujlovic, P. Eng. Director MW-2001-1t2 Z U.J The ~e ~)lom~d~..Sion(.-) co,~t~ned ir~ th--'s report we:e actopted ~n com~e~ ant rmiflea by C.~ Counci~ and that thc section of Beechwood Road as indicated be transferred to thc Regional Municipality of Niagara~ BACKGROUND: . As.Committee may recall Michael Watt of Walker Industries Limited ma& a presentation on June' 11; 2001, on the realignment of Mountain Road between Beechwood Road and Townline · Road. No concerns were raised by thc Committee, however, before any endorsement was given by ~ae City it was requested that another open house regarding the matter bo hel& Accordingly, on Thursday, August 9, 2001 a Public Information Centre was held at the Regional Municipality of Niagara, presenting the Preferred Roadway Design. As indicated in the attached smmnary provided by ToRen Sims Hubicki the consultants for the Transportation Review, .twenty- three individuals attended the open house with twelve comments sheets being submitted. The majority of the comments submitted were satisfied with the preferred design. With respect to the individuals not satisfied with the design, a number of concerns that were expressed were not related to the realignment of Mountain Road. The pro. posed reali~mcnt has no impa~t on the drainage flows to Shrinors Creek and any future expansion to the quarry beyond what has been approved would require Walker Industries Limited to go through a public hearing process. With respect to the concern that the preferred design will lead to increased probability of accidents, the consultants did indicate to the resident that the design will actually decrease the number of conflict Municipal Works Working Together to Serve Our Community Fire Services · Parks, Recreation & Culture · Business Development . Building and By-Laws · 2001-08-13 -2 - MW-2001-112 Based on the outoome of the open house it is City staffroeommendafion that tho prefcssTed alignment for Mountain Road be approved, as per the attached drawing and that Boeehwood Road from Mountain Road to the proposed interseofion south of Mountain Road be transferred to the Regional Municipality of Niagara Committee's concurrence with the above recommendation would be appr~iatod. Prepared by: Ed Dujlowc, P Eng Director of Municipal Works Approved by: / /'/John MacDonald V' ExeCUtive Director of Community Services S bm tt d Chief Ad~inistmfivo Offic~// S.'~,EPORTb"~)OI Reporls~-2001-112 - Mo~nt~ Road Reaiginnlent 4.5.87 N2'38'W ' TEANsFERRED BY IHST, 529328, Dedicated As Public Highway By BY-Law g1-62, Registered As INST. 605315 N2'36',1.0.w PiN 64-267-0029 180,00 (..:).:-- .. I ~. ' r"~-T- · PIN 64.267-0029 (LT) "' IV/ I' 0:. The City of Niagara Falls, Ontario Council Chambers No, Moved by Alderman Seconded by Alderman WHEREAS Section 27 of the Municipal Act, R.S.O., 1990, cM. 45, as amended, provides that the council of an upper-tier municipality may, by by-law, change the composition and size of the council; and WItEREAS Section 27 (9) of the MunicipalAct further provides that this section does not apply to an upper-tier municipality until the Minister makes a regulation declaring that the section applies to the upper-tier municipality; and WItEREAS the Minister has now filed O. Reg.297/02 on October 29, 2002 declaring that Section 27 applies to The Regional Municipality of Niagara. WItEREAS the Council of the Regional Municipality of Niagara enacted the following resolution: 1. That the composition and size of Regional Council be changed from its current twenty nine (29) to thirty (30) members, by the addition of one seat for the Town of Pelham. 2. That this seat shall be filled in accordance with the Municipal Elections ,4ct for the election to be held in the year 2003, being the next regular election to occur after passing of this by-law. 3. That this by-law shall come into force and effect on December 19, 2002, provided that a majority of the Councils of the local area municipalities have passed resolutions consenting to the by-law; and 4.That the total number of electors in the local municipalities that have passed resolutions form a majority of all electors in the Regional Municipality of Niagara as established in the revised list of electors for the municipal election held in the year 2000. THEREFORE BE IT RESOLVED that Niagara Falls City Council endorses the resolution of the Regional Municipality of Niagara, increasing the Regional Council size by one, adding a seat for the Town of Pelham; FURTHER BE IT RESOLVED that the seat shall be filled in accordance with the Municipal Elections Act in time for the 2003 municipal elections. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA CITY CLERK WAYNE THOMSON MAYOR 11/22/02 13:18 FAX 04 NIA, REG. COMMUNICATIONS * NIAGARA FALLS ~001/006 ~ ~. R£G/O/VA/- CLERK The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-685-1571 Facsimile: 905-685-6243 E-Mail Address: thomas.hollick@regional.niagara.on-ca November 22, 2002 Area Municipal Clerks BY FAX Dear Municipal Clerk: We wish to advise that Regional Council, at its meeting on November 21, 2002, approved Report CLK 3:7-2002, Altering the Composition of Regional Council, Addition of One Councillor to Represent the Town of Pelham, and By-law 124-2002, a by-law to change the composition and size of Regional Council. In accordance with the recommendations in Report CLK 37-2002, we have attached a copy of By-law 124-2002, and 'Report CLK 37-2002, and request that the following resolution be Placed before your respective Council for a vote. Please advise the Regional Clerk of the results of that vote no later than December 17, :2002, so that a further report on the results can be presented to Regional Council on December 21, 2002. "That the Council of (municipality), consents to the passage of By- law 124-2002 of The Regional Municipality of Niagara, being a by-law to change the composition and size of Regional Council." Even if your Council has already taken a position on the issue of adding a seat to Regional Council to represent Pelham, it is imperative that each area municipal council deal with the resolution. In order for By-law 124-2OO2 to take effect, it must be supported by a triple majority: a majority of the Councils of the local area municipalities, representing a majority of the total number of electors in the Region, as established in the revised list of electors for the municipal election held in the year 2000. if you have not already forwarded the number of electors in the 2000 municipal election in your municipality, to me, please do so at vour earliest convenience. 11/22/02 13:19 FAX 04 NIA. REG. COMMIINICATIONS ~ NIAGARA FALLS ~002/006 -2- We are submitting this to you by fax to assist you in expediting the submission of this resolution to your Council. However, as the attachments to the report are quite' lengthy, and our intention is to follow-up this fax with a hard copy via Regional Courier on Monday, we will include all of the attachments then. Thank you very much for your assistance in this regard. If you have any questions or comments, please do not hesitate to contact the undersigned at Ext. 3217. Yours truly Thomas R. Hollick Regional Clerk Attach. By-law 124-2002 Report CLK 37-2002 (attachments to the Report will follow) 11/22/02 13:19 FAX 04 NIA. REG, COMMUNICATIONS o NIAGARA FALLS ~003/006 Bill 1 25 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. 3.24-2002 A BY-LAW TO CHANGE THE COMPOSITION AND SIZE OF REGIONAL COUNCIL Whereas Section 27 of The Municipal Act, R.S.O., 1990, cM. 45, as amended, provides that the council of an upper-tier municipality may, by by-law, change the composition and size of the council; and WHEREAS Section 27 (9) of The Municipal Act further provides that this section does not apply to an upper-tier municipality until the Minister makes a regulation declaring that the section applies to the upper-tier municipality; and WHEREAS the Minister has now filed O. Reg.297/02 on October 29, 2002 declaring that Section 27 applies to The Regional Municipality of Niagara. Now therefore the Council of the Regional Municipality of Niagara enacts as follows: That the composition and size of Regional Council be changed from its current twenty nine (29) to thirty (30) members, by the addition of one seat for the Town of Pelham. That this seat shall be filled in accordance with the Municipal Elections Act for the election to be held in the year 2003, being the next regular election to occur after passing of this by-law. That this by-law shall come into force and effect on December 19, 2002, provided that a majority of the Councils of the local area municipalities have passed resolutions consenting to the by-law; and That the total number of electors in the local municipalities that have passed resolutions form a'majority of all electors in the Regional Municipality of Niagara as established i.n the revised list of electors for the municipal election held in the year 2000. ~AL~N_~ICIPALITY OF NIAGARA Passed: November 21, 2002 11/22/02 13:20 FAX 04 NIA. REG. COMMUNICATIONS -, NIAGARA FALLS CLK 37-2002 November 13, 2002 004/006 Reglor~l NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA REPORT TO: SUBJECT: Regional Chair Debbie Zimmerman and Members of Council Altering the Composition of Regional Council Addition of One Councillor to Represent the Town of Pelham RECOMMENDATION: That Bill 125 be considered at the Council meeting of November 21, 2002, and if adopted by Regional Council, that the bylaw, a copy of this report, and the following resolution be forwarded to the Clerks of the twelve (12) area municipalities with a request that their Councils vote upon the resolution and advise the Regional Clerk of the results of that vote, no later than December 17, 2002: "That the Council of (municipality), consents to the passage of By, law 124- 2002 of The Regional. Municipality of Niagara, being a by-law to change the composition and size of Regional Council." PURPOSE The purpose of this report is to provide Council with an update on, and the next steps to be taken, in the process to add a seat on Regional Council for the Town of pelham. BACKGROUND At the Regional Council meeting on April 18, 2002, staff was directed to prepare a report outlining the legislative actions required to change the composition of Regional Council from the perspectives of area municipal representation, composition of the Council and the method of election of both Councillors and the Head of Council. As a result of this direction, a report entitled "Reshaping the Council of Regional Niagara", developed by the Regional Clerk, was considered by Regional Council on October 3, 2002. At the October '3, 2002, meeting, a motion was supported to direct staff to initiate the process to add a seat on Regional Council for the Town of Pelham in the 2003 11/22/02 13:20 FAX 04 NIA. REG. COMMUNICATIONS -o NIAGARA FALLS CLK 37-2002 November 13, 2002 OO5/OO6 municipal election. In order to comply with this direction, a further motion was supported to petition the Minister of Municipal Affairs and Housing to declare by Regulation, that Section 27 of The Municipal Act applies to The Regional Municipality of Niagara, effective October 3, 2002. REPORT On October 19, 2002, the Minister of Municipal Affairs and Housing filed O. Reg. 297/02 declaring that Section 27 applies to The Regional Municipality of Niagara. In accordance with the legislation, a public meeting was scheduled for Tuesday, October 29, 2002, at 7:00 p.m. in the Council Chamber of the Regional Municipality of Niagara. The public meeting was advertised in the local daily newspapers inviting the general public to attend. The public was also invited to submit written comments via mail or the Regional website by November 5, 2002. (The minutes of the public meeting and the input received. from the public with respect to the addition of one seat to Regional Council, are attached to this report.) The general comments received from the public dealing with broader issues will be forwarded to the Committee on the Reshaping of Council, but are included with this report for information of Council. As the final date for seeking input has passed, By-law 124-2002 is being presented to Regional Council for approval. Once adopted, It will be distributed to the local area municipalities for the consideration of their Councils, and notification to the Regional Clerk of the results of that consideration, by December 17, 2002. In order for the by-law to take effect December 19, 2002, it must be supported by a majority of the Councils of the local area municipalities, representing a majority of the total number of electors in the Region,. as established in the revised list of electors for the municipal election held in the year 2000. CONCLUSION While some Municipal Councils have already considered this issue and may have already enacted resolutions expressing their opinion, it is necessary that they place the resolution in this report before their Councils to be voted on, so that the Regional Clerk can be advised of the results of the vote no later than December 17, 2002. Submitted by: Thomas R. Hollick Regional Clerk ~ ~Approved by: Mike Trojan Chief Administrative Officer This report was prepared by Parn Gilroy, Deputy Clerk. 11/22/02 13:20 FAX 04 NIA, REG. COI~II~IUNICATIONS -* NIAGARA FALLS CkK 37-2002 November 13, 2002 006/006 Attachments to this report: O. Reg. 297/02, dated October 29, 2002; Advertisement for the public meeting on October 29, 2002; Minutes of the Public Meeting on October 29, 2002; Comments received by the public on question of adding Council for the Town of Pelham; General comments received by the public. one seat to Regional