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2007/02/19 rJ ~. THIRD MEETING 'Monday,February.19,2007 From 5:30 p.m. to 6:00 p.m. .City Hall, Committee Room #2A&.B Approval.of the February 05, 2007 CO"lmunity Services Minutes. 1) 2) REPORTS: STAFF CONTACT: a) 88S-2007 -O~ Vann Media Group, 5440 Stanley ~venue Sign By-law Variance Ed Dujlovic Wesley Place - Parking Review Ed Dujlovic b) . MW-2007 -13 c} Site Alteration8y-law .. Jean Grandoni has requested to speak 3) NEW BUS'INESS: 4) ADJOURNMENT: ~ 7~1TF~~+&M1-;~~~1ifi~~~~$~k*~$~~~~1~1a~~tJf~~~~.t::;+t~+~"'j+r:$~~~~~-2.~~Jt~]~~t~~~~~T~:IIm :g.i~fl ~.f+i~~~~{~;fl-t';<W1:/(1 ~'t~~~f~1'-- ~ it~~ N.lt~~~~~~ .~~,!, ii:~J"#;~.I~~V+.~~t! ~'<i~~~~:+ ~ .~,%g~~+0=~t"~+/*~' % ~+-<<,~l:f+ ~. -1*",^ ~th~++t h?k~.~ &~irti;:..;~~'t\~~r ~1.".y~'1~~~+~'5f~~~:~I~;N~~Jl#"'1iV~l>,""~ ~t~~:;;:;~!/+~~~f.;~ii;] (*:;1 (t~ \ :~~ ~j+~.~~ ~ ,~)} ~~~ ~ ~;d~:r ~~ ;~~~~i/& ~ ~5~~ ;~~~~~. ~~:~J %3 < ~~): L~: ~</l f t~ r~1 ~;;j ~~{~~(~:~ -~~ ;~~-li ~1} V;+.~~~*~~~t~~~~~~~t+;-i1!' .r&{~?'f<ID ri't;<i,%;. .,,, ../c"W_kC.,~i',......<, , "if:; ,^" ,.;~'t~~:"~,j)-~,""',~"'d,~ ,-4. 1$.'''''''''1',,,,,.,,.,.;-'''>4" il~~""l1';,.,."",.;d';,;;;;:;,;;,~~l"J *' <-*~"",,11 ~~'\tf"",i"':'ll~ !J1q~i~~Jlf:t~~t~:tK~ ~i ~~~r~'frrt~~:;~~ f.!~'b;~k~'[t~~~fi~;<';;+::~~ff~{~ :~~~~'< t?1;t;J :i: t~:;~;} i!9~;~~r1~;f!~t~;:~~~ii?:lt;~~i~;~~::~~~j~fi~ fWi~~&~~~~f?::; 'SECOND, MEETING Monday, February 19, 2007 From 6:00 p.m. to 6:30 p.m. Approval of the March 29~ 2006 & February 05,2007 Corporate Services Minutes. . 1) 2) REPORTS: STAFF CONTACT: a) PD..2007-10 Planning and Conservation Land Stautue, Law Amendment (Bill 51) Brownfield Community Improvement Plan (CIP) Applications for Environmental Study Grants Doug Darbyson b) PD-2007 -09 DougJDarbyson 3) N'EW BUSINESS: 4) ADJOURNMENT: a) Resolutio~ to go into.Closed Meeting. MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Monday, February 5,2007, City Hall, Room 2 at 4:00 p.m. PRESENT. Chair ---=-*ldeullan Car olynn--fo-armoni;-Mayor--'f-ed-Salci,A-ld-erma-n--Jinl Diodati, Alderman Victor Pietrangelo, Alderman Bart Maves, Alderman Vince Kerrio, Alderman Janice Wing, Alderman Shirley Fisher. REGRETS: STAFF: John MacDonald, Ed Dujlovic, Karen Kelly, Barney Ruddell, Denyse Morrissey, Ken Burden, Dean Iorfida, Trent Dark, Karl Dren, Todd Harrison, Marianne Tikk:y- Steno PRESS: Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review GUEST: John Beam - 6219 Johnson Drive, Ron Planchet - 6344 Forest Ridge, Norm Puttick - 3820 St. Patrick Street, Rocky Vacca - Sullivan Mahoney, Mr. Saks - Renaissance Hotel. MINUTES It was ORDERED on the motion of Councillor Fisher seconded by Mayor Salci, that the January 22, 2007 minutes be approved. Motion: Action: Carried Recommendation submitted to Council 2007-02-05. REPORTS a) CAO-2007-01 - Consultants Recommendations regarding the Future of Niagara Transit and Organizational Review Update. I. It was ORDERED on the motion of Mayor Salci and seconded by Councillor Thomson that the consultant's recommendations be received for the information of Council. Motion: Action: Carried Recommendation submitted to Council 2007-02-05. II. It was ORDERED on the motion of Mayor Salci and seconded by Councillor Thomson that the transit operation be formally taken over by the City of Niagara Falls as part of it's administrative structure. Motion: Action: Carried Recommendation submitted to Council 2007-02-05. MINUTES OF CORPORATE SERVICES COMMITTEE MEETING Monday, February 5, 2007, City Hall, Room 2 at 5:50 p.m. PRESENT: Chair - Alderman Carolynn Ioannoni, Mayor Ted Salci, Alderman Jim Diodati, Alderman Victor Pietrangelo, Alderman Bart Maves, Alderman Vince Kerrio, Alderman Janice Wing, Alderman Shirley Fisher. REGRETS: STAFF: John MacDonald, Ed Dujlovic, Karen Kelly, Barney Ruddell, Denyse Morrissey, Ken Burden, Dean Iorfida, Trent Dark, Karl Dren, Todd Harrison, Marianne Tikky- Steno ,\. t'.....-.: PRESS: Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review GUEST: REPORTS a) HR-2007-01 - Human Resources Committee Council Involvement in Hiring It was ORDERED on the motion of Councillor Thomson and seconded by Mayor Sa1ci that the draft terms of reference be approved and that the Committee be formed for a one (I) year trial period. Motion: Action: Carried Recommendation submitted to Council 2007-02-05. ADJOURNMENT It was ORDERED on the motion of Alderman Diodati that the regular meeting of the Community Services Committee be adjourned at 6:00 p.m. MINUTES FIFTH MEETING MONDAY, MARCH 29, 2006 COUNCIL CHAMBERS 7:00 P.M. PRESENT: Mayor Ted Salci, Alderman Wayne Campbell, Chair; Aldermen Jim Diodati, Carolynn loannoni, Vince Kerrio, Joyce Morocco, Victor Pietrangelo, Selina Volpatti and Janice Wing STAFF: John MacDonald, Dean lorfida, Denyse Morrissey, Karen Kelly, Ed Dujlovic, Ken Burden, Patrick Burke, Doug Darbyson, Serge Felicetti, Todd Harrison and Holly Pemberton PRESS: Corey Larocque, Niagara Falls Review Rob Lapensee, Niagara This Week 1. MINUTES: MOVED by Alderman Morocco, seconded by Mayor Salci, that the minutes of the March 20, 2006 Meeting be adopted as recorded. Motion Carried Unanimously 2. REPORTS: F-2006-32 Downtown Revitalization - Financial Impact MOVED by Alderman Vol patti, seconded by Mayor Salci, that Report F-2006-32 - Financial Impact of the Downtown Revitalization be received for information. Motion Carried Unanimously F-2006-29 Budget Amendments Report a. MOVED by Mayor Salci, seconded by Alderman Morocco, that the revenue and expense amendments to the 2006 General Purposes Budget be approved. Motion Carried Unanimously b. MOVED by Alderman Morocco, seconded by Alderman Diodati, that the ,Downtown Revitalization Capital Project be approved subject to the satisfactory completion of due diligence. Motion Carried Alderman Wing Opposed -2- c. MOVED by Alderman Volpatti, seconded by Alderman Morocco that Committee recommend that Council authorize the use of debenture funding, as requested, for the Downtown Revitalization Capital Project. The motion CARRIED with the following requested vote: AVE Mayor Salci AVE Alderman Campbell AVE Alderman Diodati AVE Alderman Morocco AVE Alderman Pietrangelo AVE Alderman Vol patti NAVE Alderman loannoni NAVE Alderman Kerrio NAVE Alderman Wing d. MOVED by Mayor Salci, seconded by Alderman Kerrio, that all avenues for alternative funding be explored to the maximum extent available for the Downtown Revitalization Capital Project. Motion Carried Unanimously F-2006-27 Final Tax Notice Due Dates for Residential. Pipeline. Farmland and Managed Forest Assessment Classes: MOVED by Alderman Volpatti, seconded by Alderman Morocco, that June 29 and September 29 be approved as the 2006 final due dates for Residential, Pipeline, Farmland and Managed Forest Assessment Classes. Motion Carried Unanimously F-2006-28 2006 Property Tax Rates: a. MOVED by Alderman Vol patti, seconded by Alderman Morocco, that the 2006 Property Tax Rates be approved. Motion Carried Unanimously b. MOVED by Alderman Vol patti, seconded by Alderman Morocco, that Committee recommend that Council petition the Provincial Government to lower the 2007 Industrial Tax Rate, if necessary. Motion Carried Unanimously F-2006-25 2006 Debenture Issue: MOVED by Alderman Volpatti, seconded by Alderman Diodati, that Committee recommend that Council pass a resolution requesting The Regional Municipality of Niagara to issue $21,922,000 of debentures in accordance with the terms and amounts as set out in the schedule. Motion Carried Unanimously -3- F-2006-26 Financing Lease Reoort: MOVED by Mayor Salci, seconded by Alderman Kerrio, that Report 2006-26 - Financing Lease Report, be received for information. Motion Carried Unanimously F-2006-30 Mortgage Company Administration Fee: MOVED by Alderman Vol patti, seconded by Alderman Pietrangelo, that the City of Niagara Falls institute a $10 fee for mortgage companies. Motion Carried Unanimously F-2006-31 Rebate Consideration: MOVED by Mayor Salci, seconded by Alderman Diodatti, that Committee recommend that Council approve a grant of $1,379.34 be given to Mr. Tom Papavasiliou. Motion Carried Unanimously 3. CORRESPONDENCE: MOVED by Alderman loannoni, seconded by Alderman Volpatti, that Committee recommend that Council approve a grant of $500.00 be given to the Miss Niagara Pageant. Motion Carried Unanimously MOVED by Alderman Vol patti, seconded by Alderman loannoni, that the request for a financial donation to Mrs. Jamieson be received and filed. Motion Carried Unanimously 7. ADJOURNMENT: MOVED by Alderman Kerrio, seconded by Alderman Diodati, that the meeting adjourn at 8:05 p.m. Motion Carried Unanimously February 19, 2007 PD-2007 -09 ~...~ NiagaraFgllD~ Councillor Victor Pietrangelo, Chair and Members of the Corporate, Services Committee City of Niagara Falls, Ontario Members: Re: PD-2007 -09 Brownfield Community Improvement Plan (CIP) Applications for Environmental Study Grants RECOMMENDATION: That the Corporate Services Committee approve $50,000 to enable staff to process applications received underthe Environmental Study Grants of the Brownfield Community Improvement Plan (CIP). BACKGROUND: In July 2006, the Ministry of Municipal Affairs approved the City's Brownfield Community Improvement Plan (CIP). The CIP provides an opportunity to encourage the remediation and redevelopment of brownfield sites and thus allowing the removal 'of threats to health and improving the visual appearance of old underutilized industrial and commercial areas. The City has three financial incentive programs for Brownfields and they are the Environmental Study Grant, Tax Assistance Program and the Revitalization Grant. The key to the success of the Brownfield CIP is the implementation of these programs. One of the first steps of any cleanup ofa brownfield site is the need to complete the necessary environmental studies to determine the type of contamination and potential remediation costs. The City's Environmental Study Grant Program provides a matching grant of 500/0 of the cost of an eligible environmental study to a maximum of $12,500 per study or two studies per property to a maximum of $20,000 per property. With the approval of the City's Brownfield CIP lastJuly, itwas the intent to actively promote and implement the financial incentive programs early in 2007. The Planning and Development staff has experienced a number of inquiries regarding the development of brownfield properties and two applications have been received for environmental study grants. Although a more comprehensive budget request will be proposed as part of the City's 2007 budget process, staff would like to request the allocation of $50,000 to process environmental study grants tnCit have been received recently. Corporate Services' Department Planning & Development February 19, 2007 CONCLUSION: -2- PD-2007 -09 The City has a long history of industrial and manufacturing development. In the past, there have been poor waste management practices that have left many properties having known or potential environmental contamination. The approved Brownfield Community Improvement Plan contains programs that will assist and encourage the cleanup of contaminated sites. In order to process applications that have been received for Environmental Study Grants, and not unnecessarily delay the cleanup of certain sites in the City, staff is requesting Council's support for the allocation of funds. Council's consideration of this request is appreciated. Recommended by: Respectfully submitted: BS:tc \jJjL-- Doug Darbyson, Director of Planning & Development lYJ'~' acDonald, Chief Administrative Officer S:\PDR\2007\PD-2007-09, Brownfield CIP , Environmental Study Grant Budget.wpd February 19, 2007 PD-2007 -10 ~~ NiagaraFgl/~ Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: PD-2007 -10 Planning and Conservation Land Statute Law Amendment (Bill 51) RECOMMENDATION: That Council authorize staff to commence the process of updating the City of Niagara Falls Official Plan to bring it into compliance with the Planning and Conservation Land Statute Law Amendment (Bill 51) and its associated regulations. BACKGROUND: The Planning and Conservation Land Statute Law Amendment (Bill 51 ) and ten new regulations associated with the Act came into effect on January 1,2007. This amendment continues the Province's agenda to reform the Planning process and makes numerous changes. This report provides a brief overview of the new legislation and outlines new enabling policies and possible updates for the City's Official Plan. Executive Summary The changes instituted by Bill 51 modify the notification process and further refine the information requirements for planning applications; provide new municipal planning tools and give further support to sustainable development, intensification and brownfield redevelopment. The Bill also revises provisions for appeal and the Ontario Municipal Board hearing process. The impact of this amendment at the City level can be placed into three broad categories: · New legislation that is effective immediately and may require changes to the City's current practices such as: new notification requirements, and the requirement for all decisions to be consistent with the Planning Act and in conformity with Provincial Plans (such as the Growth Plan). · Legislation that allows the City to consider new processes and powers through Council approval. Through updates to the Official Plan, the City can require certain information as part of a complete application, allow conditional zoning, require specific design elements through siteJ~llcontrol, requirepre-consultationon planning applications, set up a local appeal "''''fensure the protection of employment lanq~ '___.___'_______,_..._ i I ! Corporate Services Department Planning & Development February 19, 2007 -2- PD-2007 -10 ' · New process for appeals to the Ontario Municipal Board (OMB). Only those persons/public bodies that have provided written comments or attended a public meeting can appeal the decision of Council. New evidence or new witnesses cannot be added to an OMB hearing without giving Council an opportunity to review the new evidence and reconsider their decision. Bill 51 and the Official Plan New Provisions Now in Effect: · Consistency and Conformity As of January 1,2007, all decisions of Council must be consistent with the Provincial Policy Statements (PPS) and in conformity with Provincial Plans in effect on the date of the decision. These include the Growth Plan and Greenbelt Plan. To implement this, an affidavit, signed by an employee of the City, is to be forwarded to the Region or OMB (where necessary) with the notice of decision, stating that Council's decision is consistent with the PPS and in conformity (or does not conflict with) any Provincial Plans. · Restrictions on Appeals Bill 51 restricts appeals against the decision of Council to permit two residential units in a single, semi-detached or rowhouse in residential areas; or to refuse an alteration to the urban area boundary; or to redesignate employment lands. The City is currently in the process of completing a growth management review which will provide new Official Plan policies regarding the provision of employment and residential lands and the urban area needs of the City. The creation of new policies allowing a second residential unit within low density residential areas should be preceded by studies identifying suitable locations based on servicing capacities and compatibility with existing development. · Areas of Employment A definition for "areas of employment" has been added to the Planning Act. The definition further reinforces the policies of the Growth Plan to develop live-work communities and restrict urban sprawl. The City's Growth Management Plan currently underway will identify the City's need for employment areas and the type of lands needed to develop a diversified economy. New Official Plan policies will be developed subsequent to the study. · Complete Applications BiII51 has introduced a timed process for confirming a complete application which will apply to any applications submitted after January 1, 2007. Within 30 days of receipt of an application and fee for an official plan or zoning by-law amendment, plan of subdivision application, or consent; the City must notify the applicant if the application is complete. If complete, a notice of application is required (alone or in conjunction with a notice of public meeting). If the application is deemed not to be complete, the applicant is notified that additional information is needed. The time provisions under the Act for processing of applications do not begin until the application is deemed complete. , February 19, 2007 -3- PD-2007 -10 · Site Plan Control Under Bill 51, the City can require facilities to be designed to provide accessibility for disabled persons. This provision is in effect and no amendments to the Official Plan are needed. · Community Improvement Plans (CIP) The CIP provisions of the Act have been modified to permit Regional level CIPs and to define the types of works that can be covered under financial incentive programs, including site assessment, remediation, and the provision of energy efficient uses, buildings, structures, works, and facilities. New Optional Provisions: · Local Appeal Bodies Local municipalities now have the option of setting up a Local Appeal Body to consider appeals against the decision of the Committee of Adjustment (not Council) on applications for severances or minor variances in place of the OMB. There are regulations and costs involved with this which could be followed up on through a future report. · Conditional Zoning Bill 51 introduces "conditional zoning" which allows conditions to be attached to zoning by-law amendments. Those conditions would need to be fulfilled and/or contained in a registered agreement on title prior to the issuance of a building permit and are intended to implement requirements identified in studies accompanying applications. Possible conditions include: land dedication, intersection improvements and traffic signals, securing off-site parking, and maintenance of a natural or cultural heritage features. Final regulations have not been issued by the Province, however, a general policy could be added through an update to the Official Plan that would permit the City to utilize this ' section of the Act. · Pre-Consultation Bill 51 allows the City to require pre-consultation as part of a complete application by passing a by-law to that effect. Planning staff is preparing and testing a pre-consultation process that will assist the applicant in preparing a complete application, thus preventing any delay of processing of the application as outlined under the "complete application" section above. · Reduction of Cash-in-Lieu of Parkland Dedication Payment Council can consider the reduction in the amount of a cash-in-lieu of parkland dedication payment where the development meets sustainability criteria. To utilize this provision, the City would need to develop specific sustainability criteria and guidance policies in the Official Plan. February 19, 2007 ,- 4- PD-2007 -10 ' · Specific Exterior Design Policies The exterior design of structures can be controlled through site plan control process where the Official Plan has policies to that effect. The Official Plan may identify or describe specific areas where exterior design control is important, such as the downtown or public transit nodes and corridors. More specific policies and/or criteria can be included relating to the design and quality of the built environment. The New Ontario Municipal Board (OMB) Appeal Process: Appeals to the OMB are limited to those who provide written comments to Council prior to a public meeting orwho make an oral presentation at the public meeting. All background studies and information must be available for public review and Council consideration. Previously, OMB hearings on appeals were considered a "new" hearing where the decision of Council was not referenced. With the new regulation, the OMB must have regard to the decision of Council and, should any new evidence emerge at the hearing,the OMS would give Council 60 days to reconsider its decision on a plan of subdivision, official plan or zoning by-law application, based on the new information and material, and provide a recommendation to the OMB. This provision aims to ensure that the local Council is aware of all information surrounding these planning applications. CONCLUSION: Planning staff has initiated changes to the planning process in the City as regulated by Sill 51 with the update of planning application forms and the set up of a new notification process for complete applications. Draft modifications to the Official Plan have been prepared to bring the Plan into compliance and to implement the enabling policies allowed through Bill 51. Further changes to the Official Plan may be implemented after the completion of the City's Growth Management Study to deal with employment lands and the urban area boundary. Specific consideration and reports should be given to changes that will have a financial impact on the City such as the option to create a Local Appeal Body or the consideration of a reduction in the cash-in-lieu of parkland dedication fee in exchange for the satisfaction of sustainability criteria. Recommended by: ~ Respectfully submitted: Doug Darbyson, Director of Planning & Development i'," "'/ *"" 'i~~'", "I,.",,' ' I. V , ~ ~ " " ~ -, ? MacDonald, Chief Administrative Officer FB:cb Attach. S:\PDR\2007\PD-2007-10, Planning and Conservation Land Statute Law Amendment (Bill 51).wpd Corporate Services Department Clerk's Division ~ NiagaraPcql!D~ Inter-Department Memorandum TO: His Worship Mayor Ted Salci & Members of Council DATE: February 19,2007 FROM: Dean lorfida City Clerk Ext. 4271 RE: Resolutions to go In Camera In light of the recent amendments to the Municipal Act, staff has been reviewing the procedures in association with the Council meetings. As a result, staff will be preparing formal resolutions to be passed prior to Council going into closed meetings. Staff has always been very conscientious in ensuring that Council has appropriately gone "In Camera". By passing an appropriate resolution, the Council is complying with the "open and transparent" tenets surrounding the amendmer;1ts to the Act. ~ Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on February 19, 2007, Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter of 239(2)@) of the Municipal Act, 2001, a proposed or pending acquisition or disposition of land by the municipality; and FURTHER BE IT RESOLVED THAT on February 19, 2007, Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter 239(2)(f) of the Municipal Act, 2001, to receive advice that is subject to solicitor-client privilege and 239 (2)(e), litigation or potential litigation, including matters before administrative tribunals. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA CITY CLERK R. T. (TED) SALCI MAYOR