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2007/04/16Committee Room 2 April 16, 2007 RESOLUTION NO. 12 SALCI MAVES that on April 16, 2007, Niagara Falls Council will go into a closed meeting to consider subject matters that fall under s. 239(2) of the Municipal Act, 2001. Council met on Monday, April 16, 2007 at 6:15 p.m. in an In Camera Session. All members of Council were present. Councillor Thomson presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. 2---- re 1—Paie.4.3 DEAN IORY1DA, CITY CLERK R.T. (TED) SALCI, MAYOR NINETH MEETING IN CAMERA MEETING REGULAR COUNCIL MEETING Council Chambers April 16, 2007 Council met on Monday, April 16, 2007 at 7:05 p.m. for the purpose of considering Regulars Business matters. All members of Council were present. Councillor Thomson offered the Opening Prayer. Following the Opening Prayer, Alex Pedersen sang the National Anthem. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher seconded by Councillor Maves that the minutes of April 2, 2007 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest for the current Council meeting. Recognizing Employee Excellence Awards John MacDonald along with Mayor Salci made presentations to the City employees, who have been recognized for the City's Employee Excellence program: Fire Fighter Mike Halle for Leadership; Carpenter Luigi Fragale for Innovation; Serge Felicetti Director of Business Developmentfor Leadership; Fire Fighter -Jim Jessop for Leadership; Plumber Colin Seymour for Customer Service and Senior Zoning Administrator William Clark for Team Participation. Heart Niagara Karen Stearne, Executive Director of Heart Niagara provided an update to Council on the activities of Heart Niagara. The organization is in its 30 year and continues to provide training and treatment for the prevention of cardiovascular disease through health promotion. She outlined recent initiatives like www.healthylivingniagara.com and the goal to have the Ministry of Education make compulsory a second health and physical activity credit in high schools. Ms. Stearne outlined upcoming events like the Vineyard Cycle Tour on May 27, 2007. PD- 2007 -24- Chief Administrative Officer Zoning By -law Amendment AM- 43/2006, 9268 Lundy's Lane, Applicant: Kenneth Moore, Agent: Chris Cristelli, Proposed Cottage Rental Dwelling Proposed Application Planning Analysis Zoning 2 April 16, 2007 Council Minutes DEPUTATIONS/ PRESENTATIONS PLANNING MATTERS Consideration of this application was deferred by Council at its March 5, 2007 meeting at the request of the applicant. Permission is requested to use an existing single family dwelling located at 9268 Lundy's Lane as a rental dwelling for tourists Total of 4 rooms are proposed to be used as bedrooms for guests. In 2004 the applicant received approval for two other cottage rental dwellings at 6241 and 6395 Garner Road. Official Plan Designated Good General Agriculture Lands primarily intended for agricultural, forestry and conservation purposes. Bed and Breakfast accommodations may be permitted through zoning bylaw amendments A cottage rental dwelling is an alternate form of accommodation, similar in scale and use to a B B. The proposed cottage rental dwelling conforms to the OP as follows: Provided the use is limited to 4 bedrooms, the cottage rental dwelling will be similar in scale to a B B. Dwelling will continue to be used for housing, the only difference is occupancy will be of short duration. Cottage rental dwelling use will not impact existing farm operations as agricultural lands are well removed. Use complies with Ministry setback requirements from agriculture operations. The dwelling to the east is well separated from the proposed end use and is not expected to be impacted. Zoned Agriculture Zoning is requested to be amended site specifically to permit the existing dwelling 3 April 16, 2007 Council Minutes to be used as a cottage rental dwelling. No expansion of the existing dwelling is requested City has received complaints about the noise and behaviour of the occupants in the applicants other cottage rental dwellings. Although occupancy cannot be directly controlled by the Zoning Bylaw, occupancy can be controlled through the City's Property Standards Bylaw and the Ontario Building Code, (2 persons per bedroom) To ensure that the use is kept at a level compatible with surrounding residences and consistent with the scale of B &B's, the cottage rental dwelling should be limited to the existing 4 bedroom dwelling with no expansion permitted. The Licensing Bylaw could also be used to limit occupancy. Conclusion 1. The requested amendment to permit the cottage rental dwelling within the existing property can be supported for the following reasons: The use is similar to a bed and breakfast establishment which may be permitted under the Agricultural designation. The use will be complementary to surrounding tourist commercial and open space uses, is well set back from nearby dwellings. 2. Provided the cottage rental dwelling is limited to the existing dwelling and to 4 bedrooms, the use will be compatible with surrounding properties. Recommendation That Council approve the Zoning Bylaw amendment application to permit the existing dwelling on the land to be used for a cottage rental dwelling with no more than four bedrooms. Donna Mino, 6101 Garner Road, Niagara Falls, was present in opposition to the application. Mrs. Mino outlined a number of violations that have occurred on the Niagara Falls Golf Course property over the years: three cottage rental dwellings that started without permits, building additions without permits, built up land, clear cutting of trees and noise violations from the guests at the cottage rental dwellings. The Director of Planning Development outlined the need to limit occupancy in cottage rental dwellings, in general. He indicated that possibly through Property Standards and licensing limits could be imposed. He indicated a general rule of thumb for the travelling public is two persons per room. Brian Sinclair, solicitor on behalf of the applicant, indicated that most of the residents closest to the golf course are supporting the application and that this cottage rental dwelling is a long way from the objecting neighbours on Garner Road. He also indicate that the owner had taken measures to minimize the impact of guests by placing signage and providing taxi vouchers. The public meeting was closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that the report be approved as recommended. Councillors Wing and loannoni opposed. Carried PD- 2007 -22- Chief Administrative Officer Zoning By -law Amendment AM- 03/2007, 5057 River Road, Applicant: Robert Craig and Lesley Ann Dickson, Proposed Cottage Rental Dwelling Proposed Application Application is to permit an existing dwelling to be used as a cottage rental dwelling for tourists. Current zoning allows existing dwellings to be used as Bed Breakfast facilities. Official Plan Designated "Residential Located in River Road Satellite district which permits B B's with up to 4 bedrooms for guests. Cottage rental dwellings have been permitted in this district where they have been considered compatible with surrounding neighbourhood. Proposed cottage rental dwelling conforms to OP as follows: Cottage rental dwelling is an alternative form of accommodation similar in scale to B B facilities. Dwelling will continue to be used for housing, only the occupancy will be of a shorter duration; No changes proposed to dwelling or property thereby maintaining residential character of property; and No additional traffic is expected to be generated; Provided number of bedrooms is limited to 4, scale of use will be compatible with surrounding residences. Zoning Residential Single Family and Two Family (R2 -2) with special zoning provisions that allow for B &Bs. Current zoning applies to entire area between Palmer Ave and River Rd, from Hiram to Morrison Streets, B &B's are permitted as of right in this area. To ensure the use of the cottage rental dwelling is compatible with surrounding uses and consistent with the scale of a B &B, the dwelling should be limited to 4 bedrooms which will mean 2 bedrooms in basement should not be used for accommodating additional guests. To ensure fire safety an inspection is required by Fire Services and should be completed prior to the passage of the amending bylaw. Conclusion 4 April 16, 2007 Council Minutes Total 6 bedrooms are proposed (4 on ground floor, 2 in basement) The requested amendment to permit the existing dwelling to be used as a cottage rental dwelling can be supported for the following reasons: The use complies with the Official Plan as it is in an area where small scale accommodations may be permitted. The use is of a residential nature and is similar in scale to uses contemplated in the surrounding neighbourhood. The use is similar to a bed and breakfast, which is already permitted. Provided the cottage rental dwelling is limited to 4 bedrooms, the use will be compatible with abutting properties. Recommendation That Council approve the Zoning Bylaw amendment application to permit the existing dwelling to be used for a cottage rental dwelling, but limit the number of bedrooms to no more than 4 bedrooms. That prior to the passage of the amending bylaw, the applicant undertakes a fire safety inspection to the satisfaction of Fire Services. There was no one in the gallery who indicated an interest in the matter. As a result, the public meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously PD- 2007 -23- Chief Administrative Officer Zoning By -law Amendment AM- 04/2007, 4339 Bampfield Street, Applicant: Robert Craig and Lesley Ann Dickson, Proposed Cottage Rental Dwelling Proposed Application Application is to permit an existing dwelling to be used as a cottage rental dwelling for tourists. Current zoning allows existing dwellings to be used as Bed Breakfast facilities. The existing dwelling has 3 bedrooms. Planning Analysis Official Plan Designated Residential Located in River Road Satellite district which permits B B's with up to 4 bedrooms for guests. Cottage rental dwellings have been permitted in this area where they have been considered compatible with the surrounding neighbourhood. The proposed Cottage rental dwelling conforms to OP as follows: A cottage rental dwelling is an alternative form of tourist accommodation similar in scale to B B facilities. The dwelling will continue to be used for housing, only the occupancy will be of a shorter duration. No changes are proposed to the property, thereby maintaining the residential character of the area. No additional traffic is expected to be generated Provided the number of bedrooms is limited to what currently exists in the dwelling, the scale of use will not be increased and the use will be compatible with surrounding residences. Zoning Conclusion 5 April 16, 2007 Council Minutes Zoned Residential Single Family and Two Family (R2 -2) with special zoning provisions that allow for B &Bs. Current zoning applies to entire area between Palmer Ave and River Rd, from Hiram to Morrison Streets. B &B's are permitted as of right in this area. To ensure the use of the cottage rental dwelling is compatible with surrounding uses and consistent with the scale of B &Bs, the dwelling should be limited to 3 bedrooms proposed. To ensure fire safety, an inspection is required by Fire Services and should be completed prior to the passage of the amending bylaw. The requested amendment to permit the existing dwelling to be used as a cottage rental dwelling can be supported for the following reasons: The use complies with the Official Plan and is in an area where small scale tourist accommodations may be permitted. The use is similar to a B B, which is already permitted. Provided the cottage rental dwelling is limited to 3 bedrooms, the use will be compatible with abutting properties. Recommendation That Council approve the Zoning Bylaw amendment application to permit the existing dwelling to be used for a cottage rental dwelling with no more than 3 bedrooms. 6 April 16, 2007 Council Minutes That prior to the passage of the amending bylaw, the applicant undertakes a fire safety inspection to the satisfaction of Fire Services. There was no one in the gallery who indicated an interest in the matter. As a result, the public meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci expressed condolences to the family of Bob Corfield, former employee to the City of Niagara Falls for 31 years and brother to former Fire Chief Peter Corfield. Condolences were also expressed to Mel Brown, former Manager of Building on the recent passing of his wife Cathy. Congratulations to Karen Kitney in the CAO's office on the recent birth of her grandson Keegan. Mayor Salci outlined recent events Family Literacy Event at the MacBain Community Centre's Library, the Annual Stair Climb for Cancer at the Skylon Tower, Dr. Donkor's Operation Africa and the Super City Walk for MS. Mayor Salci advised Council of upcoming events: Project S.H.A.R.E's Restaurant Ride on Sunday April 22n Niagara Days in Toronto on April 23r and 24 the Annual Canadian Cancer Society Daffodil Tea on April 26 at the Niagara Falls Lions Club and the City of Niagara Falls Employee Recognition Night on April 26 at the Greg Frewin Theatre. with Councillor Pietrangelo opposed. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Niagara Falls Lions Club Request to Proclaim the week of May 28, 2007 as "Niagara Falls Lions Club RECOMMENDATION: For the Approval of Council. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the communication be approved. Carried Unanimously 2. All Saints Church Request that the property be designated under the Ontario Heritage Act. RECOMMENDATION: Refer to the Municipal Heritage Committee and Staff come back with a report. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the property be designated under the Ontario Heritage Act and that staff expedite the designation process for external and internal features. Carried 3. (a) Downtown Board of Management Request that the 2007 -2010 Board of Management. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that the communication be approved. Councillors loannoni and Wing opposed. Carried (b) Downtown Board of Management Request that the 2007 budget be approved. RECOMMENDATION: For the Approval of Council. 7 April 16, 2007 Council Minutes ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the communication be approved. Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni seconded by Councillor Kerrio that the recommendations from the Community Services Committee, on April 16, 2007 be approved. 1) The minutes of the April 2, 2007 meetings be approved. 2) That "no parking, 6:00 a.m. 9:00 a.m., except buses" restriction be installed on the west side of Corwin Avenue as outline in report MW- 2007 -37. 3) That Council provide a grant for the charter fees for Niagara Transit Bus service for the Stamford Collegiate 150th Reunion and allow the use of City parking lots. 4) That Council approve the sign variance for 6812 Lundy's Lane (Part Source) 5) That staff check with the Region's policy and report with regard to the provision of various supplies for Council members. RATIFICATION OF "IN CAMERA" ACTIONS Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the recommendation from the In Camera meeting, on April 16, 2007 be approved. That Council refer the report on the Competitiveness Review to the Human Resources Committee for its review and report back. Carried Unanimously CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. BDD- 2007 -02 Aces and Aces 2007 Celebrity Golf Classic It is recommended for the information of Council. CD- 2007 -08 Notice of Default Financial Statements 2006 Municipal Elections It is recommended for the information of Council. L- 2007 -18 Permanently Close Union Avenue It is recommended that Council authorize staff to proceed to permanently close Union Avenue being an open road allowance "road located west of Victoria Avenue and south of Kitchener Street and designated as Part 2 on Reference Plan 59R- 13223. 8 April 16, 2007 Council Minutes MW- 2007 -27 New Sidewalk Contract It is recommended that the unit prices submitted by the lowest tenderer Alfidome Construction Ltd. be accepted and; that pre approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2007 -31 Tender #2007 -09 2007 Crack Sealing It is recommended that the unit prices submitted by the lowest tenderer Niagara Crack Sealing be accepted and; that pre approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2007 -35 Grassy Brook West Area Detailed Design Consultant Fee Amendment It is recommended that the Consultant fee with Philip's Engineering Ltd. be adjusted to include the design of services in this area not anticipated at the design stage of this development at an upset limit of $30,000.00 to be funded in full from Development Charges. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the reports be approved. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo; seconded by Councillor Fisher that the by -laws be given a first reading. Carried with Councillors Wing, Diodati and loannoni opposed to 2007 -82 2007 -79 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Standing Prohibited) 2007 -80 A by -law to establish Parts 1 and 18 on Reference Plan 59R -6428 as a public highway, to be known as and to form part of Church's Lane 2007 -81 A by -law to authorize the execution of an Agreement with Norjohn Contracting and Paving Limited, respecting the 2007 City Wide Asphalt Patching Contract 2007 -82 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA #70) 2007 -83 A by -law to permanently close part of a highway (Union Ave) 2007 -84 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of April, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be read a second and third time and passed. with Councillors Wing, Diodati and loannoni opposed to 2007 -82 A.N. Myer 50 Anniversary 2007. NEW BUSINESS Carried Councillor Diodati reminded Council of the upcoming reunion April 27, 28 29, Rankin Cancer Run 9 April 16, 2007 Council Minutes Councillor Diodati advised Council on the upcoming 2n Annual Cancer Run on May 26, 2007, Grantham Lions Club, St. Catharines (www.rankincancerrun:com). Overnight On- Street Parking In response to many inquiries, Councillor Diodati would like to advise residents that there is an On- Street Parking by -law that is enforced 365 days a year and if you require to park on the street to call the Service Centre and ask for Parking Control and give the details of the vehicle and location. Stamford High School 150' Anniversary Councillor Kerrio reminded Council of the upcoming reunion on May 10 13, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the meeting be adjourned at 8:25 p.m. C DEAN IOR (DA, CITY CLERK R.T. (TED) SALCI, MAYOR Carried Unanimously