The Corporation of the City of St. Catharines

REGULAR COUNCIL MINUTES

Monday, April 18, 2016

The Mayor presented a token of appreciation to Jennifer Wittig, the winner of the Mayor's Poetry Challenge which was launched to recognize National Poetry Month this April. Ms. Wittig recited her poem entitled "Saints and Sounds of Downtown St. Catharines".

After presentation Item 1.1, the Mayor requested a change to the order of the agenda to hear presentation Item 1.2 during General Committee. The motion was moved by Councillor Stevens and subsequently passed by Council. Council proceeded to the first public meeting.

At the request of the Mayor, this presentation was heard prior to the start of the discussion items in General Committee.

Jeff Silcox-Childs, Manager of Parks, Cemeteries, Forestry & Horticulture, presented an annual update regarding the Urban Forestry Management Plan, including the 2016 action plan and recommendations, impacts of the Emerald Ash Borer, and future program considerations.

Councillor Sorrento was not present at the start of this public meeting and therefore did not participate in the discussions nor the vote.

Council held a public meeting respecting a proposed amendment to Zoning By-law 2013-283 to rezone a portion of the property, municipally known as 360 Martindale Road, from Conservation/Natural Area (G1) to Low Density Residential – Suburban Neighbourhood (R1), and increase the Maximum lot area and reduce the minimum rear yard setback requirements of the R1 zone. The Director of Planning and Building Services, Jim Riddell, provided the details of the proposal, including a correction in the Recommendation section of Report Number PBS-094-2016 stating the correct maximum lot area is 621 m2, not 620 m2.

No members of the public came forward to speak in opposition to or in support of the proposal.

The Mayor invited the applicant or agent to come forward. A representative for the Agent, Ken Gonyou, Senior Development Planner with Upper Canada Consultants, came forward and stated:

•         three lots will be created - one for existing home and two new lots

•         new zoning line between the green and yellow areas, as illustrated on the map provided, is defined by the 90 metre contour line of the Niagara Peninsula Conservation Authority (NPCA)

•         the outside agencies reviewed the plans and are satisfied that the amendment meets the guidelines

•         the finer details will be addressed during the applications for Consent to Sever

•         the zoning for the new lots will implement the policies of the Province, the Region and the Municipality to accommodate growth through infilling and intensification of land use within the municipality

Mr. Gonyou responded to questions from Council.

The Mayor asked the Director of Planning and Building Services if he had any summary comments. The Director stated that the stable top of bank line has been approved by the NPCA, and that is the zoning boundary.

City Council reconvened.

Moved By:  Councillor Kushner

Seconded By:  Councillor Elliott

That Council approve an amendment to the City of St. Catharines Zoning By-law 2013-283, for the lands described as Part of Lot 1, Concession 1, Township of Louth and Part of Road Allowance Between Townships of Grantham and Louth, City of St. Catharines, Regional Municipality of Niagara, and municipally known as 360 Martindale Road, as follows:

a)That Section 15.1, Schedule A (A6), Zoning Maps, be amended by rezoning Area 1 and Area 2 as outlined in Appendix 5, to site specific Low Density Residential – Suburban Neighbourhood (R1-134) as outlined in Appendix 5.

b)That Section 15.4, Schedule D (D3), ‘Natural Area Extent Line’, be amended as outlined in Appendix 6.

c)That Section 13.1 ‘List of Special Provisions’ be amended by adding an additional special provision, as follows:

That no further public meeting is required as per Section 34(17) of the Planning Act; and

That the City Solicitor be directed to prepare the necessary by-law; and

That the Mayor and City Clerk be authorized to execute the necessary by-law to give effect to Council’s decisions; and

That the Notice of Decision required by the Planning Act, R.S.O. 1990, c.P 13, as amended, be processed by staff; and

That upon expiration of the appeal period, staff be directed to forward any appeals to the Ontario Municipal Board for consideration and final decision; and

Further, that the City Clerk be directed to make the necessary notifications. FORTHWITH

Yeas:Councillors Stevens, Bellows, Elliott, Garcia, Harris, Haywood, Kushner, Siscoe, and Mayor Sendzik

Nays:Councillor Williamson

Carried

The Mayor announced the public meeting was closed. He advised that persons wishing to receive formal notice of Council's decision arising from the public meeting should submit a written request to the Office of the City Clerk.

Council held a public meeting respecting a proposed amendment to the Garden City Plan and Zoning By-law 2013-283 to permit indoor storage at 88 Merritt Street. The Director of Planning and Building Services, Jim Riddell, provided the details of the proposal.

The Mayor asked if there were any members of the public that wished to speak in opposition to the proposal. Brett Misener, Brian Minnes and Alexander Davidoff came forward and provided the following comments and concerns:

•         ongoing problems with property for many years, including drainage

•         some of previous illegal dumping of concrete with rebar, asphalt, and tires on property removed, but some asphalt and rebar still remain in backfill

•         report states no drainage complaints since 2012, yet people spoke about it during the public meeting process in 2013

•         Trillium Railway built a ditch to try to help with the flooding issue

•         they requested a decrease in property taxes till issue rectified

•         Mr. Minnes is not opposed to commercial development on this property but asks that the owner complies and that staff resolve the problems

•         standing water breeds mosquitos and green scum

•         recommends the application be put on hold and do not approve it until the water problems in the neighbourhood have been fixed

•         drainage issues and water damaging properties and the park

•         concerns with the illegal use of the property by the owner

•         owner should abide by the by-laws

Mr. Minnes provided pictures of his property depicting standing water after a rainfall.

No members of the public came forward to speak in support of the proposal.

The Mayor invited the applicant or agent to come forward. The Agent, Stephen Bedford of Stephen Bedford Consulting Inc. came forward and stated the following:

•         this property sits higher than surrounding properties

•         outside storage is currently on the site, but is not a permitted use

•         previously applied for an amendment to the by-law to use part of the lot for open storage

•         moving towards vision of mixed use corridor that City desires

•         a ravine remains at the far right of the property

•         there is a barrier between the gravel area and the railway to stop surface drainage from this property going over the bank, down the railway and into Merritton

•         owner working with City regarding flooding in area

•         88 Merritt Street is not creating the water issue

•         regarding the escarpment, when things change, the underground movement of water changes

•         developed a significant landscaping plan, which includes a storm water management pond to capture surface drainage

•         materials were removed from the backfill and approved by the Ministry of Environment

•         recognizes concerns of residents to the north of the property

•         agrees with recommendations of Planning and Building Services staff

Mr. Bedford provided a short slideshow and responded to questions from Council.

The Mayor asked the Director of Planning and Building Services if he had any summary comments. The Director stated the following:

•         the residents believe that prior development and filling of a ravine has caused significant drainage issues, which they say has been going on for a number of years, and believe Sun Collision is a factor in the drainage problems in the area, including Pinecrest Avenue, and the park area as well

•         the residents have concerns with enforcement of the zoning by-law, which has been acknowledged as being an ongoing issue

•         this application is to remove the outdoor storage and construct a new building

•         regarding the actual proposed development, the Agent has outlined in a concept site plan the proposed landscaping and a storm water pond

•         the Agent has made it clear that the drainage from the proposed development will be accommodated in the storm pond

The Director answered questions from Council.

City Council reconvened.

Councillor Stevens put the staff recommendation on the floor for consideration.

Moved By:  Councillor Stevens in Amendment

That staff be directed to include the area residents in the site plan process for 88 Merritt Street; and

That staff be directed to work with the area residents and Ward Councillors regarding the flooding and drainage issues in the entire area, including the adjacent park, and report back to Council.

Yeas:Councillors Stevens, Williamson, Bellows, Elliott, Garcia, Harris, Haywood, Kushner, Siscoe, and Mayor Sendzik

Nays:

Carried as Amended

Council now considered the staff recommendation.

Moved By:  Councillor Stevens

A.Official Plan Amendment (File 60.30.310 Vol. 3)

That Council approve an amendment to the Garden City Plan as follows:

a)     That Section 15.5.1(h) be removed and replaced with the following:

1. Notwithstanding Section 12.1, an indoor storage facility shall be permitted as an additional permitted use on lands designated Mixed Use at 88 Merritt Street. This use shall be subject to a Zoning By-law Amendment, and a Site Plan Agreement.

B.Zoning By-law Amendment (File 60.35.975 Vol. 3)

That Council approve an amendment to Zoning By-law 2013-283 for the lands described as PT Lot 485 CP No. 6 Part 1 on 30R-6008, City of St. Catharines, municipally known as 88 Merritt Street, as follows:

a)     That Special Provision 108 of By-law No. 2013-283 is hereby deleted in its entirety and replaced with the following:

a)That Section 15.2 Schedule B of By-law No. 2013-283 be amended to remove Schedule B14 in its entirety.

C.That in addition to standard site plan requirements, the required site plan approval shall place particular attention to the following:

i.A year round, enhanced, visual landscaped buffer to be located along the frontage of the subject lands.

ii.Additional landscaping plantings along the municipal boulevard, in front of the subject lands; and

That the City Solicitor be directed to prepare the necessary by-laws; and

That the Mayor and City Clerk be authorized to execute the necessary By-law to give effect to Council’s decision; and

That the Notice of Decision required by the Planning Act, R.S.O. 1990, c.P. 13, as amended, be processed by staff; and

That upon expiration of the appeal period, staff be directed to forward any appeals to the Ontario Municipal Board for consideration and final decision; and

Further, that the Clerk be directed to make all necessary notifications. FORTHWITH

Yeas:Councillors Elliott, Garcia, Harris, Haywood, Kushner, Siscoe, Stevens, Williamson, Bellows, and Mayor Sendzik

Nays:

Carried

The Mayor announced the public meeting was closed. He advised that persons wishing to receive formal notice of Council's decision arising from the public meeting should submit a written request to the Office of the City Clerk.
 

At the request of the Mayor, Council now heard delegation Item 7.1            from the agenda.

The Mayor presented a verbal report on matters of community interest.

At the request of the Chair, the order of the items was changed for the evening.

Moved By:  Councillor Elliott

That Council adopt the agendas for the meeting of April 18, 2016, as presented.

Carried

The following declared a Conflict of Interest (Pecuniary):

•         Councillor Haywood to: Council Item 13.1 - By-law No. 2016-102 and General Committee Item 4.2, stating the matters relate to the District School Board of Niagara

•         Councillor Siscoe to: Council Item 13.1 - By-law No. 2016-102 and General Committee Item 4.2, stating the matters relate to his employer, the Niagara Catholic District School Board; and Council Item 13.1 - By-law No. 2016-107 and By-law No. 2016-108 and General Committee Item 4.7, stating his wife is a member of the Folk Arts Board

•         Councillor Williamson to: Council Item 13.1 - By-law No. 2016-102 and General Committee Item 4.2, stating the matters relate to the District School Board of Niagara

•         Mayor Sendzik to: Council Item 13.1 - By-law No. 2016-102 and General Committee Item 4.2, stating the matters relate to the District School Board of Niagara

Moved By:  Councillor Kushner

Seconded By:  Councillor Elliott

That Council adopt the minutes of the Regular meeting of Council held on Monday, April 4, 2016.

Carried

Moved By:  Councillor Kushner

Seconded By:  Councillor Elliott

That Council adopt the minutes of the General Committee meeting held on Monday, April 4, 2016.

Carried

At the request of the Mayor, this delegation was heard immediately following Public Meeting Item 2.2.

Diane Foster, Co-Chair, and Julie Morris, Member of the Accessibility Advisory Committee, addressed Council to present and request Council's endorsement of the 2016-2020 Accessibility Plan, which includes the 2015 final report on the 2013-2015 Accessibility Plan and the renewal of the Sidewalk Action Plan.

Moved By:  Councillor Stevens

Seconded By:  Councillor Elliott

That Council receive and refer the presentation by Diane Foster, Co-Chair, and Julie Morris, Member of the Accessibility Advisory Committee regarding the 2016-2020 Accessibility Plan, to General Committee for consideration later this evening (see General Committee minutes, April 18, 2016, Item 4.5).

Motion to Refer Carried

The meeting continued with the Mayor's Report, Item 3.

Moved By:  Councillor Siscoe

WHEREAS, Phragmites Australis is an invasive perennial grass that continues to cause severe damage to coastal wetlands and beaches in areas around the Great Lakes; and

WHEREAS, Phragmites Australis grows and spreads rapidly, allowing the plant to invade new areas and grow into large monoculture stands in a short amount of time, and is an allelopathic plant that secretes toxins from its roots into the soil which impede the growth of neighboring plant species; and

WHEREAS, invasive Phragmites Australis is identified as a priority issue for Great Lakes communities through the Great Lakes St. Lawrence Cities initiative of which the City of St. Catharines is a member; and

WHEREAS, Phragmites Australis results in loss of biodiversity and species richness; loss of habitat, changes in hydrology due to its high metabolic rate, changes in nutrient cycling as it is slow to decompose, an increased fire hazard due to the combustibility of its dead stalks, and can have an adverse impact on agriculture; and

WHEREAS, invasive Phragmites Australis should be distinguished from the native species, Phragmites Americanus, which does not require control as it rarely develops into monoculture stands, does not alter habitat, has limited impact on biodiversity and does not deter wildlife; and

WHEREAS, controlling invasive Phragmites before it becomes well established reduces environmental impacts, time, and costs; and

WHEREAS, the Ministry of Natural Resources and Forestry has Developed Best Management Practices to control invasive Phragmites; and

WHEREAS, significant stretches of Provincial Highways are infested with Phragmites which contribute to the continued spread of the plant to ecological areas.

NOW, THEREFORE, BE IT RESOLVED, that the City of St. Catharines call on the Ontario Ministry of Transportation to implement measures to address the increased presence of invasive Phragmites along provincial highways; and

BE IT FURTHER RESOLVED, that a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO), the Region of Niagara and all local municipalities in the Niagara Region for their consideration.

Moved By:  Councillor Williamson

Seconded By:  Councillor Bellows

That the Council of the City of St. Catharines declare the Niagara Craft Beer Festival, to be held in Rennie Park from Friday, August 5, 2016, to Sunday, August 7, 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 Williamson, Bellows, Elliott, Garcia, Harris, Haywood, Kushner, Siscoe, Sorrento, Stevens and Mayor Sendzik

Nays:

Carried

Moved By:  Councillor Harris

Seconded By:  Councillor Garcia

Whereas the City of St. Catharines is responsible for an estimated amount of $3.56 million relating to the Burgoyne Bridge Replacement Project; and

Whereas the Niagara Region has established a taskforce to study the Burgoyne Bridge Replacement Project; and

Whereas a Regional Burgoyne Bridge Value-for-Money Audit has identified serious concerns around missing or non-existent project documentation, lack of project controls and oversight, lack of accountabilities, and poor reporting to Regional Council; and

Whereas many independent and unresolved concerns have been identified by the taskforce including references to the Charbonneau Commission, fraud and secret commissions, and incomplete documentation; and

Whereas the taskforce, after consultation with Deloitte, has strongly recommended a follow up Value-for-Money and Forensic Audit;

THEREFORE BE IT RESOLVED THAT the City of St. Catharines SUPPORT the Burgoyne Bridge Task Force’s request for a Regional forensic audit on the Burgoyne Bridge Replacement Project; and

THAT the City of St. Catharines OFFER full co-operation should the Niagara Region approve a forensic audit and make a request for corporate records, while ensuring compliance with all applicable law; and

THAT this resolution BE CIRCULATED to the Regional Audit Committee and Burgoyne Bridge Replacement Project Taskforce.

Yeas:Councillors Harris, Haywood, Kushner, Siscoe, Sorrento, Stevens, Williamson, Bellows, Elliott, Garcia, and Mayor Sendzik

Nays:

Carried as Amended

City Council recessed at 8:46 p.m. and General Committee convened. General Committee adjourned at 9:58 p.m. and City Council reconvened.

There was no In-Camera session this evening.

Moved By:  Councillor Kushner

Seconded By:  Councillor Elliott

That Council adopt those items approved FORTHWITH by the General Committee on Monday, April 18, 2016.

Carried

Moved By:  Councillor Siscoe

Seconded By:  Councillor Haywood

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. 2016-89  A By-law to authorize a contract with 2090716 Ontario Inc., o/a Pec Roof Maintenance. (One reading – with respect to the roof replacement of the St. Catharines Museum and Welland Canals Centre, Project No. P14-174. Delegation By-law No. 2004-277, as amended.)  File: 18.20.201

By-law No. 2016-90  A By-law to authorize a renewal of the Lease of certain lands with Niagara Olympic Club of St. Catharines – The Track Field and Cross-Country Club. (One reading – with respect to the use of the Track and Field Facility located at 130 Louth Street. Delegation By-law No. 2004-277, as amended.)  File: 16.19.99

By-law No. 2016-91  A By-law to assume and declare certain lands to be a highway and to be known as Francesco Crescent. (One reading – with respect to Westmount Subdivision. Delegation By-law No. 2004-277, as amended.)  File: 16.7.99

By-law No. 2016-92  A By-law to authorize an Encroachment Agreement with 406765 Ontario Ltd. (One reading – with respect to 393-401 St. Paul Street. Delegation By-law No. 2004-277, as amended.)  File: 16.7.2

By-law No. 2016-93  A By-law to authorize an amendment to the Participant Agreement with The Regional Municipality of Niagara. (One reading – with respect to 2015 Digital Orthoimagery and other Digital Mapping Products. Delegation By-law No. 2004-277, as amended.)  File: 68.81.99

By-law No. 2016-94  A By-law to authorize the construction and issuing of debentures for Catherine Street. (One reading - with respect to Project No. P14-001. General Committee, June 9, 2014, Item No. 3.1.)  File: 10.57.10

By-law No. 2016-95  A By-law to authorize the construction and issuing of debentures for Lakeshore Road – Phase 1. (One reading - with respect to Project No. RN12-07. General Committee, June 11, 2012, Item No. 340.)   File: 10.57.10

By-law No. 2016-96  A By-law to authorize the construction and issuing of debentures for Lorne Street. (One reading - with respect to Project No. P14-067. General Committee, June 9, 2014, Item No. 3.1.)  File: 10.57.10

By-law No. 2016-97 A By-law to amend By-law 2016-6 entitled “A By-law to regulate the sale and setting off of fireworks and pyrotechnic special effects within the City of St. Catharines.” (One reading - with respect to permitting the sale of Consumer Fireworks from a tent, with the use of a commercial cube van as the temporary site storage. Council, April 4, 2016, Item No. 7.4.)  File: 68.13.1

By-law No. 2016-98  A By-law to amend By-law No. 2013-283, entitled “A By-law to regulate the use of land, the bulk, height, location, erection and use of buildings and structures, the provision of parking spaces and other associated matters in the City of St. Catharines.” (One reading – with respect to 360 Martindale Road. Council, April 18, 2016, Item 2.1.)  File: 60.35.586

By-law No. 2016-99  A By-law to provide for adoption of an amendment to the Official Plan of St. Catharines (Garden City Plan). (One reading – with respect to 88 Merritt Street. Council, April 18, 2016, Item 2.2.)  File: 60.30.310 Vol. 3, 60.35.310 Vol. 3

By-law No. 2016-100  A By-law to amend By-law No. 2013-283, entitled “A By-law to regulate the use of land, the bulk, height, location, erection and use of buildings and structures, the provision of parking spaces and other associated matters in the City of St. Catharines.” (One reading – with respect to 88 Merritt Street. Council, April 18, 2016, Item 2.2.)  File: 60.30.310 Vol. 3, 60.35.310 Vol. 3

By-law No. 2016-101  A By-law to authorize a Tiered Response Agreement with The Regional Municipality of Niagara. (One reading – with respect to activation of Emergency Medical Tiered Response calls within the City of St. Catharines. General Committee, April 18, 2016, Item 3.4.)  File: 68.13.99

During Council Item 5, Declarations of Interest, the following declared an interest to the following by-law for reasons stated: Councillors Haywood, Siscoe, Williamson, and Mayor Sendzik:

By-law No. 2016-102  A By-law to authorize an amendment to the Licence and Operating Agreement with District School Board of Niagara. (One reading – with respect to the use of Catharine Street Park and 185 Carlton Street. General Committee, April 18, 2016, Item 4.2.)  File: 35.60.30

By-law No. 2016-103  A By-law to authorize a contract with Macaulay Shiomi Howson Ltd. (One reading – with respect to the Port Dalhousie Secondary Plan and Heritage District Guidelines Update Studies. General Committee, April 18, 2016, Item 4.6.)      File: 10.64.144

By-law No. 2016-104  A By-law to authorize a contract with Vic Vatrt Contracting Limited. (One reading – with respect to the Lakeshore Road/Broadway Street, Project No. P15-101. General Committee, April 18, 2016,, Item 3.1.)  File: 18.45.253

By-law No. 2016-105  A By-law to close temporarily part of James Street. (One reading – with respect to a three- day community event, "In the Soil” Arts Festival, to be held on April 29, 2016 to May 1, 2016. General Committee, April 18, 2016, Item 4.7.)             File: 77.44.99

By-law No. 2016-106  A By-law to authorize a Licence Agreement with Suitcase in Point Arts Performances. (One reading – with respect to a three-day community event, "In the Soil” Arts Festival, to be held on April 29, 2016 to May 1, 2016. General Committee, April 18, 2016, Item 4.7.)  File: 56.14.2

During Council Item 5, Declarations of Interest, Councillor Siscoe declared an interest to the following by-law for the reason stated:

By-law No. 2016-107  A By-law to close temporarily part of St. Paul Street. (One reading – with respect to a three-day community event, Niagara Folk Arts Festival, to be held on May 27, 2016 to May 29, 2016. General Committee, April 18, 2016, Item 4.7.)  File: 35.60.28, 77.44.99

During Council Item 5, Declarations of Interest, Councillor Siscoe declared an interest to the following by-law for the reason stated:

By-law No. 2016-108  A By-law to authorize a License Agreement with Folk Arts Council of St. Catharines. (One reading – with respect to a three-day community event, Niagara Folk Arts Festival, to be held on May 27, 2016 to May 29, 2016. General Committee, April 18, 2016, Item 4.7.)  File: 35.60.28, 56.14.2

By-law No. 2016-109  A By-law to confirm the proceedings of council at its meeting held on the 18th day of April, 2016. (One reading – with respect to confirming the proceedings of the meeting held on April 18th, 2016.)  File:  10.12.1

Carried

Moved By:  Councillor Siscoe

Seconded By:  Councillor Haywood

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. 2016-110  A By-law to authorize acceptance of a Settlement Offer from D. A. Macfarlane Holdings (Canada Hair Cloth Limited and Canada Hair Cloth Co. Limited). (One reading – with respect to 198 St. Paul Street. General Committee, April 11, 2016, Item No. 2.1.)  File: 16.26.99

By-law No. 2016-111  A By-law to remove certain lands from part lot control (One reading – with respect to 29B Vansickle Road. Delegation By-law No. 2004-277, as amended.  File: 60.48.313

Carried

Moved By:  Councillor Garcia

Seconded By:  Councillor Harris

That Council receive and file the minutes of the Advisory Committees of Council, as presented.

Carried

Moved By:  Councillor Bellows

Seconded By:  Councillor Garcia

There being no further items of business, this meeting be adjourned at 10:00 p.m.

Carried

Certified Correct:Confirmed by:

________________________________________________________________________________

City ClerkMayor