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2008/04/28Committee Room 2 April 28, 2008 Council met on Monday, April 28, 2008 at 6:30 p.m. in an In Camera Session. All members of Council were present. Councillor Diodati presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. Council met on Monday, April 28, 2008 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Thomson offered the Opening Prayer. Following the opening prayer, Valerie Borghesi sang the National Anthem. Mayor's Youth Advisory Committee Boys & Girls Club EIGHTH MEETING IN CAMERA MEETING REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that minutes of April 14, 2008 be approved as printed. DEPUTATIONS /PRESENTATIONS Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a conflict to report PD- 2008 -36, as his property has a Sidewalk Cafe Operating permit. Councillor Mayes declared a conflict on the Niagara Parks Commission Fireworks request based on his business relationship. Alison Greaves and Christopher Clarkstone, co- chair's of The Mayor's Youth Advisory Committee updated Council on the various events that will take place over the school year. A brief video was shown demonstrating various activities that members of the Mayors Youth Advisory participate in. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that staff bring back a report on the possibility of banning plastic bags in the City. Carried Unanimously Cyndi Kyle- Mackey, Fund Development Director, informed Council of some upcoming Boys & Girls Club events: the 20 Annual Swing for Kids golf tournaments will be held on June 6 20 and 27' and the 10 Anniversary of Partners in the Sky. Their goal is to raise $2500.00. PD- 2008 -31 - AM -2008 -007, Zoning By -law Amendment Application, 4865 - 4871 St. Lawrence Avenue, Applicant: Community of Christ/ Out of the Cold. Proposed Emergency Shelter. PLANNING MATTERS The Director of Planning and Development reviewed the recommendations and provided the following information: Background The land is zoned in a site specific Institutional zone limiting the use to a place of worship and an accessory community kitchen for charitable purposes. The applicants are requesting changes to the site specific Institutional zoning to permit the existing building on the property to be used as an emergency shelter, a community kitchen or a place of worship as `as -of- right' uses. Planning Analysis Official Plan Land is designated Residential in the Official Plan. - 2 - April 28, 2008 Council Minutes Residential lands are primarily intended for a variety of residential dwellings, as well as ancillary uses, including places of worship and community facilities may be permitted where they are compatible with surrounding lands. The proposed amendment conforms as follows: The uses are allowed through official plan policy. The request is to permit an emergency shelter as an additional use, similar to the existing permitted use. The operation of the community kitchen, a place of worship and emergency shelter as independent uses will serve the established client base. No changes to the intensity of use are expected. No changes to the site or the existing building are proposed. The site development will continue in a form that is compatible with surrounding development. No additional traffic will be generated. Most clients of the shelter arrive by foot. - The small number of volunteers serving the shelter who may drive are not expected to have an impact on the traffic on surrounding streets. The proposed shelter and existing community kitchen provide an important service to the citizens in an appropriate location. The site is centrally located, close to transit routes and social services Zoning The current site specific zone: - permits a place of worship and an accessory community kitchen for charitable purposes - Exempts these uses from providing required parking, and; - Provides site specific development standards that permit the development of the existing building on the site. Current zoning provisions are recommended to be incorporated into a new site specific Institutional zone and to add an emergency shelter as a permitted use. The bylaw would also allow a place of worship, community kitchen for charitable purposes and an emergency shelter be permitted: as of right which provides flexibility in case one or more of these uses cease. The emergency shelter will be defined as: -3 April 28, 2008 Council Minutes - Emergency shelter means a facility providing temporary housing for one or more individuals who are otherwise homeless, but shall not include a dwelling. This definition allows a short term shelter for persons in need while clarifying that the shelter is not intended to provide permanent residency. Out of the Cold have requested the amending bylaw restrict the operation of the shelter from November 1 to April 1 in order to address concerns about the operation of the shelter during the warmer months of the year. Conclusion The proposed zoning bylaw complies with the Official Plan with respect to locating ancillary uses in the Residential designation. The proposed zoning will permit the existing and proposed uses and will provide adequate controls on the proposed emergency shelter use. Recommendation That Council approve the Zoning Bylaw amendment application to permit the existing building to be used as an emergency shelter and a community kitchen for charitable purposes, independent of a place of worship, subject to the conditions outlined in this report. Fred Dunham, 4598 Ellis Street, expressed his concern with having overnight stays. He has experienced vandalism on his property. Mr. Dunham does not oppose the application but feels that all social services of this type should not be consolidated in this area of the City. Li -Li Chu, owner of a Bed and Breakfast in the area, believes the location will have a negative effect on her business. Elle Zucchiatti, 4618 Ellis Street, a long time resident of the area, she expressed concern with the overnight stays being permitted. She feels there is a need for more police presence. Mike Repa, 6500 Lindsay Crescent, Niagara Falls, representing Out of the Cold a charitable organization. Mr. Repa informed Council that their operation was forced to find a new location and it made sense to consolidate with the Community Kitchen. The maximum overnight guests will be six, restricted to the winter months (November to the end of March). Mr. Repa acknowledged the concerns of the residents and informed Council and the residents that video surveillance would be installed to monitor the area and proper signage would be installed reminding others to respect the area and the neighbours. They will be entering into the Adopt -a- Street program. He also advised that they have met with the police and have asked them to patrol the area when returning to the police station. The Public Meeting was Closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor Kerrio that staff investigate the nuisance /loitering by -law from St. Catharines. Carried Unanimously - 4 - April 28, 2008 Council Minutes PD- 2008 -33 - 26CD -11- 2008 -04, Public Meeting, Draft Plan of Vacant Land Condominium, 3232 Montrose Road (East Side), Opposite Matthews Drive, Owner: 1736194 Ontario Limited ( Fred Sacco) The Director of Planning and Development reviewed the recommendations and provided the following information: Background Applicant proposes to register a Vacant Land Condominium over the 3.42 ha (8.45 ac) site to create vacant lots for the future construction of 70 townhouse units. Plan of condominium subdivision will permit the individual ownership of each unit in the development with the private driveway, visitor parking and some landscaped areas shared by the condominium corporation. Public Meeting Recent revisions to the Planning Act effective January 2007 require a public meeting for vacant land condominium applications which is satisfied by tonight's meeting. Recommendation That Council consider input received at the Public Meeting and refer all matters to staff for review of the Draft Plan of Vacant Land Condominium. Ed Lustig, agent for the applicant, advised that this was an information session and he was available to answer any questions and address any issues that there may be. He acknowledged that trees were improperly removed but that for each tree that had been there, two replacements will be planted. Background The Public Meeting was Closed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously PD- 2008 -34 - 26CD -11- 2007 -06, Draft Plan of Condominium, 6911/6921 Barker Street ( Northwest Corner at Dorchester Road), Owners: Brian Sinclair & Karen DeGiorgio, 623381 Ontario Inc. ( Karen DeGiorgio) and FKS The Real Estate People Inc. The Director of Planning and Development reviewed the recommendations and provided the following information: Applicant proposes to convert the existing 12 unit rental apartment complex to a 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 owners. Municipal Rental Housing Policies The City's OP states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below 3 %. The most current vacancy rate information available from Canada Mortgage and Housing Corporation is from the survey conducted in October 2007. The data indicates a vacancy rate of 3.2% for apartment units in Niagara Falls. Public Meeting There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, staff provided notice of this Council meeting to the tenants of the units for information and as a courtesy. The owner has also advised that information was provided to the tenants regarding the proposed condominium conversion. Recommendation It is recommended that the Plan of Condominium be draft approved subject to the standard conditions set out in Planning Report PD- 2008 -34. Brian Sinclair, applicant, advised Council that the property next door was purchased with the intention of severing the property in the backyard in order to create an amenity space for the tenants, as there is currently all parking to the east and west of the building. Mr. Sinclair indicated that they will be putting a parking lot on the property that is being severed. Due to the cost of the project, the applicant requested that the report be approved eliminating that the developer pay the City cash -in -lieu of 5% parkland dedication based on the raw value of the land. The Public Meeting was closed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the report be approved, with an amendment that condition 312, that the developer pay the City cash -in -lieu of 5% parkland dedication, be removed. PD- 2008 -35 - 26CD -11- 2008 -02, Draft Plan of Condominium, 6263 Valley Way ( North Side), West of Drummond Road, Owner: 2152332 Ontario Inc. (Cynthia LeWally) The Director of Planning and Development reviewed the recommendations and provided the following information: Background Applicant proposes to convert the existing 11 unit rental townhouse development to a condominium. The plan of condominium subdivision would permit the individual ownership of each unit while the common areas (such as driveways, visitor parking and open space) would be shared by the condominium corporation. Municipal Rental Housing Policies - 5 April 28, 2008 Council Minutes Carried Unanimously The City's OP states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below 3 %. The most current vacancy rate information available from Canada Mortgage and Housing Corporation is from the survey conducted in October 2007. The data indicates a vacancy rate of 6.9% for all surveyed townhouse units in Niagara Falls. The CMHC figures exceed the OP threshold of 3% and this rate has increased over the total City rate of 4.7% for townhouses in 2006. Public Meeting 6 April 28, 2008 Council Minutes There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, staff provided notice of this Council meeting to the tenants of the units for information and as a courtesy. The owner has also advised that information was provided to the tenants regarding the proposed condominium conversion. Recommendation It is recommended that the Plan of Condominium be draft approved subject to the standard conditions set out in Planning Report PD- 2008 -35. Ronald Williams, agent for the applicant, advised that the applicant, who is not the original developer, is pleased with the staff report and the recommendations made. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci acknowledged some recent events: Community Clean Sweep was held this past weekend; Robert F. Kennedy Junior spoke at Stella Niagara near Lewiston; Congratulations to the Niagara Falls Review for their new Regional publication, "The International "; " Niagara Days" was held at Queen's Park this past weekend and the Employee Recognition night was held last Thursday. Mayor Salci advised of some upcoming events: Volunteer Appreciation week; Mayor's Youth Advisory Committee's Battle of the Bands is being held Tuesday April 29 2008; May 4th is the 40 Anniversary of the Willoughby Historical Society and the City Wide Teen Art Competition. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Ontario Association of Naturopathic Doctors - Request that May 4 -11, 2008 be proclaimed as Naturopathic Medicine Week in the City of Niagara Falls. RECOMMENDATION: For the approval of Council Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the communication be approved. Carried Unanimously 2. Niagara Parks Commission Fireworks - Annual request for approval. RECOMMENDATION: For the approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the communication be approved. with Councillor Maves declaring a conflict. Carried Unanimously 3. Tourist Exemption for Statutory Holidays under the Retail Business Holidays Act for Value Village, 6278 Lundy's Lane. RECOMMENDATION: That Niagara Falls City Council support the tourist exemption application sought by Value Village, 6278 Lundy's Lane. - 7 - April 28, 2008 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing that the communication be approved as recommended. 2) TS- 2008 -31 Niagara Falls - Fort Erie Inter- Municipal Transit Service That the report be received and filed. 3) PD- 2008 -32 Site Plan Approval Process 2) Memo to Committee 357 Appeals - 8675 Montrose Road RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the actions taken in Community Services Committee, on April 28,2008 be approved. Carried Unanimously 1) The minutes of the April 14, 2008 meeting be approved. That staff be directed to prepare a report that would allow the return of the delegation of power for site plans back to Council under certain conditions. Carried Unanimously RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Corporate Services, on April 28,2008 be approved. Carried Unanimously 1) The minutes of the April 14, 2008 meeting be approved. That Committee direct Council to approve MPAC's recommendation of no adjustment to the assessment for 8675 Montrose Road; and That the property owner be directed to appeal to the Assessment Review Board. 3) CD- 2008 -05 Lundy's Lane Request re: Kiwanis Bench Program As per the Licence Agreement, the Kiwanis benches in the Lundy's Lane BIA are to be removed. 4) CD- 2008 -06 Request of Waiver of Fees for Springlicious That Committee wishes to recommend that various fees be taken from the Downtown CIP account associated with the Springlicious event. That an extension to the noise by -law as requested by the Downtown BIA for the Springlicious event be approved. 8 April 28, 2008 Council Minutes 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. F- 2008 -17 - Low - Income Seniors Property Tax & Water Rebate. It is recommended for the information of Council. F- 2008 -18 - Major Receivables Quarterly Report. It is recommended for the information of Council. MW- 2008 -23 - Assumption of Various Subdivisions. It is recommended that the City formally assume the Plans and Subdivisions listed in this report. PD- 2008 -36 - Extension of Sidewalk Cafe Operating Session. It is recommended that 1. Council amend the Sidewalk Cafe Guidelines to allow sidewalk cafes to commence operation from April 1s instead of May 1st 2. That Council deem the permitted period of occupation conveyed in each existing licence to commence on April 1s and end on October 31s of each year the licence is in affect. 3. That all licenced restaurant owners be advised of the change. PD- 2008 -37 - 2007 Housing Monitoring Report. It is recommended for the information of Council. TS- 2008 -28 - Tender for the Supply of Materials and Services for Pavement markings Contract T2008 -06 (On- Street Small Machines) & Contract T2008 -07 (On- Street Application Truck Mounted). It is recommended that Provincial Maintenance be awarded Contract T2008 -06 and T2008 -07 for on- street pavement markings truck - mounted and small machines; and that the Mayor and the Clerk be authorized to execute the necessary agreements. TS- 2008 -29 - Tender for the Supply of Materials and Services for Pavements Markings - Municipal Parking Lots. It is recommended that A -1 Asphalt be awarded Contract T2008 -08 for municipal Parking lots, and that the Mayor and the Clerk be authorized to execute the necessary agreements. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the reports on the Consent Agenda be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2008 -67 A by -law to establish Part of Township Lot 179, Stamford, as a public highway, to be known as and to form part of McLeod Road. 2008 -68 A by -law to authorize the execution of an Agreement with Winter Festival of Lights respecting the use of the Niagara Falls Memorial Arena for the Spring in Bloom Concert Series. - 9 - April 28, 2008 Council Minutes 2008 -69 A by -law to provided for the adoption of an amendment to the City of Niagara Falls Official Plan. 2008 -70 A by -law to amend By -law No. 79 -200, to recognize an existing public park. 2008 -71 A by -law to amend By -law No. 79 -200, to permit the development of a semi- detached dwelling on the land. 2008 -72 A by -law to provide for the approval of Amendment No. 81 to the City of Niagara Falls Official Plan. 2008 -73 A by -law to provide for the approval of Amendment No. 82 to the City of Niagara Falls Official Plan. 2008 -74 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of April, 2008. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Interim Borrowing By -law ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that staff bring back a report on the legality of the interim borrowing by -law and that the Ministry of Municipal Affairs & Housing be contacted. Garner Road & Grassy Brook Projects ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that staff bring back a report on the facts of the financing of the Garner Road and Grassy Brook projects. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Wing that staff bring back a report on the inventory of developed and serviced land. Carried Unanimously Customs /Border Officers ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the Federal Member of Parliament & appropriate Minister be requested to ensure that the Niagara River border crossing has sufficient officers. NEW BUSINESS Carried Unanimously Carried Unanimously Carried Unanimously ORDERED on the motion of Council loannoni, seconded by Councillor Diodati that the meeting be adjourned at 9:20 p.m. DEAN 10 IDA, CITY CLERK R.T. (TED) SALCI, MAYOR