The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, January 25, 2016
Present:
Absent: | Mayor Walter Sendzik Councillors Sandie Bellows, Mike Britton, Mark Elliott, N. Carlos Garcia, Matt Harris, David A. Haywood, Bill Phillips, Mathew Siscoe,
Councillor Joseph Kushner |
| |
Officials Present: | Dan Carnegie, Chief Administrative Officer Shelley Chemnitz, Commissioner of Corporate Services Nicole Auty, Director of Legal and Clerks Services/City Solicitor Jim Riddell, Director of Planning and Building Services Kristine Douglas, Director of Financial Management Services Jeanette Pillitteri, Director of Corporate Support Services Dan Dillon, Director of Transportation and Environmental Services David Oakes, Director of Recreation and Community Services David Wood, Director of Fire and Emergency Management Services Bonnie Nistico-Dunk, City Clerk Rebecca Alfieri, Council and Committee Coordinator |
Mayor Sendzik took the chair and called the meeting to order in Council Chambers at 6:33 p.m. |
1. | Public Meetings Pursuant to Planning Act |
1.1. | Application for Draft Plan of Subdivision Approval for Residential Development – 54 Mackenzie King Avenue; Sycamore Construction; Weston Consulting (Jane McFarlane); File: 60.46.410 |
Council held a public meeting respecting the application for Draft Plan of Subdivision Approval for Residential Development - 54 Mackenzie King Avenue.
The Director of Planning and Building Services, Jim Riddell, provided the details of the proposal.
Three members of the public came forward to speak in opposition of the proposal.
Mr. Don McMartin presented to Council his concerns about the new road that will be part of the Plan of Subdivision onto MacKenzie King Avenue, the truck traffic on the Welland Canals Parkway (a no trucking zone) that is not being enforced as well Mr. McMartin expressed his concerns with the public meeting notices. He stated that only three signs were posted, and they were facing the Welland Canals Parkway. None were posted within the subdivision. He asked staff and Council if they could consider not having the main entrance to the new development coming onto MacKenzie King Avenue.
Eric Wiens, addressed Council on behalf of his clients who are living in the current subdivision that he developed on MacKenzie King Avenue and Howland Road. He asked staff and Council to consider the traffic issues that exist and will get worse if a new vehicular road is brought onto MacKenzie King Avenue with the new proposed residential development.
Amir Azam presented to Council his concerns about having the new proposed entrance through street coming onto MacKenzie King Avenue. Mr. Azam’s house is situated at the end of the proposed street. An increase in traffic would affect his living in that location.
Ryan Goetter of Weston Consulting, on behalf of the agent, addressed Council in support of the application and advised Council that the current Plan of Subdivision was registered in the mid 1990's and that the concerns are not a zoning question, but one of making sure the layout of the Plan has been done properly. In his opinion it had been. Mr. Gotter advised Council they have addressed some of the concerns that were brought up at the public information meeting. He availed himself to questions.
The Director of Planning and Building Services responded to Council's questions and to the concerns raised by residents in his closing comments.
City Council Reconvened
Seconded By: Councillor Siscoe
That Council close the public meeting regarding an application for Draft Plan of Subdivision for Residential Development - 54 MacKenzie King Avenue.
Carried
Seconded By: Councillor Stevens
That the report from the Planning and Building Services, dated January 6, 2016, concerning a draft plan of subdivision approval be referred to City Council for consideration at the Council meeting of February 22, 2016, after the Public Meeting scheduled for January 25, 2016; and
That staff include in the report following contact with the Federal Authority, regarding whether the City can allow an access on to the Welland Canals Parkway, as well as any other issues that might impact on Federal land regarding sidewalks, etc.; and
That staff investigate having the exit onto MacKenzie King off the Welland Canals Parkway be one for pedestrian traffic only (non-vehicular); and
That staff include Traffic Calming measures as part of Plan of Subdivision in the report coming on February 22, 2016.
FORTHWITH
Carried as Amended
The Mayor advised that the public meeting was closed and persons wishing to receive formal notice of Council's decision following their consideration at the meeting of February 22, 2016, should submit a written request to the Office of the City Clerk.
2. | Presentations |
2.1. | Brian Applebee, Manager of Transportation Services Re: Traffic Calming |
Brian Applebee, Manager of Transportation Services address Council regarding the City's Traffic Calming Policy.
Mr. Applebee gave an overview of the City's Traffic Calming Policy and steps, gave a definition of what traffic calming is (and is not), the purpose of traffic calming, typical traffic calming measures, financial implications and next steps. Mr. Applebee availed himself to questions from Council.
Seconded By: Councillor Siscoe
That Council receive the presentation from Brian Applebee, Manager of Transportation Services, regarding the City's Traffic Calming Policy.
Carried
3. | Opening Remarks, Mayor Walter Sendzik |
Mayor Sendzik presented a verbal report on matters of community interest.
4. | Adoption of the Agendas |
The City Clerk amended the evening's Council Agenda:
• Item 4.3 on the General Committee Agenda, Alignment to Strategic Plan is not on report, and has been distributed to Council for consideration of this item. The General Agenda will be republished to include the revised report following tonight's meeting.
• Another purpose has been added to the reasons to go In-Camera, being: Advice that is subject to solicitor-client privilege, including communication necessary for that purpose.
• Item 9.2 on the Council Agenda, Councillor Siscoe has added Mark Molnar to the delegation list to speak to the Call for Ridesharing Legislation Motion.
Seconded By: Councillor Williamson
That Council adopt the agendas for the meeting of January 25, 2016, as amended.
Carried
5. | Declarations of Interest |
Councillor Phillips declared a Conflict of Interest (Pecuniary) to Council Agenda Item No. 9.2, as it relates to his son's employer, the AGCO.
6. | Adoption of the Minutes (Council, General Committee and Budget Standing Committee) |
6.1. |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the Regular meeting of Council held on Monday, January 11, 2016.
Carried
6.2. |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the General Committee meeting held on Monday, January 25, 2016.
Carried
6.3. |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the Budget Standing Committee meeting held on Wednesday, December 15, 2015.
Carried
7. | Delegations |
7.1. | Rino Mostacci, Commissioner of Planning and Development Services; Diana Morreale, Manager of Community Planning; and Terri Donia, Senior Planner; Niagara Region Re: 2041 Growth Plan Strategy |
Rino Mostacci, Commissioner of Planning and Development Services and Diana Morreale, Manager of Community Planning - Niagara Region addressed Council regarding the 2041 Growth Plan Strategy. Mr. Mostacci, and Ms. Morreale explained to Council the low growth rate in Niagara compared to other cities, and the Region's focus on having the GO Train service permanently coming into the Niagara Region to help increase growth within the Region and City of St. Catharines. Mr. Mostacci, and Ms. Morreale availed themselves to questions from Council.
Seconded By: Councillor Garcia
That Council receive the presentation from Rino Mostacci, Commissioner of Planning and Development Services and Diana Morreale, Manager of Community Planning regarding the Region of Niagara 2041 Growth Plan Strategy.
Carried
7.2. | Dave Sherlock, General Manager and Rick Werner, Chair, St. Catharines Transit Commission Re: 2016 Transit Budget |
Dave Sherlock, General Manager and Rick Werner, Chair, St. Catharines Transit Commission presented Council regarding the St. Catharines Transit's 2016 Budget, including the need to maintain their bus fleet. Mr. Sherlock, and Mr. Werner availed themselves to questions from Council.
Seconded By: Councillor Elliott
That Council receive and refer the presentation of the 2016 St. Catharines Transit Budget by Dave Sherlock, and Rick Werner to the Budget Standing Committee.
Motion to Refer Carried
7.3. | Mark Molnar Re: Call for Ridesharing Legislation Motion (see Council Agenda, January 25, 2016, Item 9.2) |
Mark Molnar addressed Council regarding his concerns on ridesharing companies regarding their lack of safety standards, rate monitoring, and driver background checks. Mr. Molnar, is in the taxi industry and advised Council that he is in favour of ridesharing legislation that would create a standard across the province for all taxi and ridesharing companies.
Moved By: Councillor Williamson
Seconded By: Councillor Sorrento
That Council receive the presentation by Mark Molnar regarding Ridesharing Legislation.
Carried
8. | Call for Notices of Motion |
8.1. | VIA Train Service Councillor Williamson advised he would present a motion for the consideration of Council at the meeting of February 8, 2016, requesting the City of St. Catharines to urge VIA Rail and the Federal Government to restore effective VIA train service in Niagara. |
9. | Motions |
9.1. | Request to Declare VegFest 2016 an Event of Municipal Significance |
Councillor Phillips left the meeting for the vote due to a Conflict of Interest (Pecuniary), as it relates to his son’s employer, the AGCO.
Seconded By: Councillor Siscoe
That Council of the City of St. Catharines declare VegFest 2016, to be held at Market Square on June 5, 2016, to be an event of municipal significance with respect to obtaining liquor permits in accordance with the Alcohol and Gaming Commission of Ontario Requirements; and
That the Office of the City Clerk be directed to make the necessary notifications. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
9.2. | Call for Ridesharing Legislation |
Seconded By: Councillor Britton
Whereas the sharing economy is growing rapidly through new technology and apps;
Whereas ride-sharing through apps such as Uber and Blancride are increasing in popularity with, as an example, over one million Uber rides per month and growing in Ontario alone;
Whereas sharing apps are increasing in popularity and changing the way consumers choose regulated services, as an example, Uber is now operating in 40 different municipalities representing over seventy-five percent of Ontario's population; and
Whereas ride-sharing apps such as Uber and Blancride increasingly operate across municipal boundaries and a patchwork of local frameworks will cause confusion among consumers, law enforcement and regulators; and
Whereas provincial Bill 131 the Opportunity in the Sharing Economy Act (MPP Tim Hudak) and Bill 53 the Protecting Passenger Safety Act (MPP John Fraser) that seek to address ridesharing issues, have each passed Second Reading in the Ontario Legislature and are awaiting Legislative Committee public hearings;
NOW THEREFORE BE IT RESOLVED:
1. That the City of St. Catharines support the Region of Niagara to call upon the Province of Ontario to develop ridesharing legislation including but not limited to:
A. Engagement with affected Ontario municipalities, taxi companies, limousine services, insurance companies, law enforcement, consumers, ride sharing companies and drivers;
B. Changes as needed to modernize the Insurance Act, the Highway Traffic Act, the Public Vehicles Act and any other relevant provincial legislation to enable consumer choice and empower people to make money from their personal vehicle through ride-sharing;
C. Modern, consistent province wide consumer protection and public safety standards including ride-sharing insurance, driver qualifications and vehicle requirements.
D. Recommendations for relieving the outdated and expensive regulatory burden on taxis and limousines to enable them to fairly compete for customers and keep their costs down.
2. That this motion be forwarded to the Region of Niagara to be included with their motion to be forwarded to the Premier of Ontario, the Opposition Leader of Ontario, house leaders in the provincial legislature, local Members of Provincial Parliament, the Association of Municipalities of Ontario, Tim Hudak, MPP and John Fraser, MPP, and the Niagara Regional Police Services Board. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
9.3. | Hearing - By-law 95-302 Council Committee |
Seconded By: Councillor Harris
Whereas at their September 14, 2015 Council meeting Council appointed Councillors Siscoe, Harris and Garcia to hear an appeal pursuant to By-law 95-302, for licensing and regulating the keeping of dogs;
Whereas on January 15, 2016 the City Clerk received an additional appeal for a hearing to by-law 95-302;
Therefore be it resolved that Council appoint Councillors Siscoe, Harris and Garcia for the term of Council for all hearings related to By-law 95-302. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Phillips, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays: Councillor Siscoe
Carried
Seconded By: Councillor Garcia
That the time is now 10:30 p.m. and Council has outstanding business, Council move to go beyond the curfew of 10:30 p.m. to complete the business at hand. FORTHWITH
Carried
10. | Resolve into General Committee |
Council recessed at 10:32 p.m. and General Committee convened. General Committee adjourned at 11:11 p.m. and City Council reconvened.
11. | Motion Arising from In-Camera Session |
11.1. | In-Camera Agenda Item 2.1 Verbal - Litigation, or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. |
Items 2.1, and 2.2 were deferred by Council In-Camera, and will be moved to the In-Camera Meeting Agenda of February 8, 2016.
11.2. | In-Camera Agenda Item 2.2 Verbal - Advice that is Subject to Solicitor-Client Privilege, Including Communications Necessary for that Purpose |
Moved By: Councillor Williamson
Seconded By: Councillor Haywood
That Council does now reconvene from the In-Camera session; and
That staff be directed to proceed as discussed. FORTHWITH
Carried
11.3. | In-Camera Agenda Item 2.3 Verbal - Personal Matters about an Identifiable Individual, Including Municipal or Local Board Employees |
Items 2.1, and 2.2 were deferred by Council In-Camera, and will be moved to the In-Camera Meeting Agenda of February 8, 2016.
12. | Motion to Ratify Forthwith Recommendations |
Seconded By: Councillor Siscoe
That Council adopt those items approved FORTHWITH by the General Committee on Monday, January 25, 2016.
Carried
13. | By-laws |
13.1. | Reading of By-laws |
Seconded By: Councillor Siscoe
That the following by-laws be read a first time, considered and passed; and
That they be signed and executed by the Mayor and the City Clerk
By-law No. 2016-10 A By-law to authorize a renewal of license agreement with Canadian National Railway Company. (One reading – with respect to access to the railway line at Moffatt Street for maintenance purposes. Delegation By-law 2004-277, as amended.) File: 16.7.99
By-law No. 2016-11 A By-law to authorize an Agreement with 2348346 Ontario Inc. operating as Subaru of Niagara. (One reading – with respect to lands adjacent 375 Lake Street. Council, December 14, 2015, Item No. 11.2.) File No. 16.19.99
By-law No. 2016-12 A By-law to authorize an Agreement with Clayton Haigh. (One reading – with respect to design for St. Catharines Arts Award. General Committee, January 25, 2016, Item No. 4.2.) File: 35.65.12
By-law No. 2016-13 A By-law to confirm the proceedings of council at its meeting held on the 25th day of January, 2016. (One reading – with respect to ratification and adoption of City Council Minutes of January 25, 2016 and General Committee Minutes of January 25, 2016.) File: 10.12.1
Carried
13.2. | Reading of Additional By-laws |
Seconded By: Councillor Britton
That the following additional by-laws be read a first time, considered and passed; and
That they be signed and executed by the Mayor and the City Clerk.
By-law No. 2016-14 A By-law to authorize an Agreement with Oracle Canada ULC. (One reading – with respect to usage and implementation of an applicant tracking system. Delegation By-law 2004-277, as amended.) File:10.10.99
Carried
14. | Agencies, Boards, Committee Reports |
14.1. | Minutes to Receive: • Accessibility Advisory Committee, October 28, 2015 • Clean City Advisory Committee, November 17, 2015 • Museum Advisory Committee, November 24, 2015 • Heritage Permit Advisory Committee, November 26, 2015 • Downtown Development and Revitalization Advisory Committee, December 15, 2015 • Environmental Sustainability Committee, January 6, 2016 • Welland Canal Fallen Workers Memorial Task Force, December 9, 2015, and January 7, 2016 • Cultural Sustainability Committee, November 10, 2015, and January 13, 2016 |
Seconded By: Councillor Williamson
That Council receive and file the minutes of the Advisory Committees of Council, as presented.
Carried
15. | Adjournment |
Seconded By: Councillor Siscoe
There being no further items of business, this meeting was adjourned at 11:15 p.m.
Carried
Certified Correct: Confirmed by:
City Clerk | Mayor |