The Corporation of the City of St. Catharines

REGULAR COUNCIL MINUTES

Monday, May 02, 2016

There were none this evening.

Council held a public meeting respecting an application for Draft Plan of Condominium for a 10-unit townhouse development at 65 Broadway.

The Director of Planning and Building Services, Jim Riddell, provided the details of the proposal.

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 to speak in support of the application. He reviewed the plans for the proposed condominium development, using a slideshow, and provided the following comments:

•         the application deals with condominium tenure

•         the proposed development conforms to all zoning requirements

•         the elevation concepts are one and two storey, with undulating roof lines

•         the site plan proposes green space / landscaping that is higher than the minimum standard in the zoning by-law

•         the site plan process, which will be finalized over the weeks to come, will be assumed by the condominium corporation

•         they understand the conditions of draft plan approval that are outlined in the staff report, and do not have any issues with them

Mr. Gonyou answered Council's questions.

The Mayor asked the Director of Planning and Building Services if he had any summary comments. The Director stated the rear yard elevations will be taken into consideration before final approval of the site plan.

City Council reconvened.

Moved By:  Councillor Stevens

Seconded By:  Councillor Phillips

That Council close the public meeting regarding the application for Draft Plan of Condominium at 65 Broadway.

Carried

Moved By:  Councillor Elliott

Seconded By:  Councillor Bellows

That the report from Planning and Building Services, dated April 12, 2016, concerning a draft plan of condominium approval, be referred to Council for consideration at the Council meeting of May 16, 2016, after the public meeting scheduled for May 2, 2016. FORTHWITH

Motion to Refer Carried

The Mayor advised that the public meeting was closed. Persons wishing to receive formal notice of Council’s decision following their consideration at the meeting of May 16, 2016, should submit a written request to the Office of the City Clerk.

The Mayor continued with the next proposal.

Council held a public meeting respecting an application for Draft Plan of Condominium for a 12-unit townhouse development at 6 Tanner Circle.

The Director of Planning and Building Services, Jim Riddell, provided the details of the proposal.

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. The agent, Anthony Continelli of Premium Building Group, came forward to speak in support of the application. He stated he has read the staff report and asked Council to support the application. Mr. Continelli answered Council's questions which included concerns about drainage and landscaping.

The Mayor asked the Director of Planning and Building Services if he had any summary comments. The Director stated the concerns with drainage and landscaping are considerations through the site plan approval process and will be noted prior to approval.

City Council reconvened.

Moved By:  Councillor Elliott

Seconded By:  Councillor Kushner

That Council close the public meeting regarding the application for Draft Plan of Condominium at 6 Tanner Circle.

Carried

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That the report from Planning and Building Services, dated April 11, 2016, concerning a draft plan of condominium approval, be referred to Council for consideration at the Council meeting of May 16, 2016, after the public meeting scheduled for May 2, 2016. FORTHWITH

Motion to Refer Carried

The Mayor advised that the public meeting was closed. Persons wishing to receive formal notice of Council’s decision following their consideration at the meeting of May 16, 2016, should submit a written request to the Office of the City Clerk.

The Mayor continued with the next proposal.

Council held a public meeting respecting proposed applications for Draft Plan of Subdivision, Draft Plan of Condominium and a zoning by-law amendment at 63 Cecil Street. The Mayor advised that Council was forwarded a memorandum from the Director of Planning and Building Services regarding various comments received after the circulation of the open house and public meeting notices related to the applications.

The Director of Planning and Building Services, Jim Riddell, provided the details of the proposal.

The Mayor invited members of the public to come forward to speak in opposition to the applications. Mariette Stockwell came forward to address Council and advised she submitted comments in writing to the Office of the City Clerk. Her concerns are as follows:

•         this development will add to the traffic volume on Cecil, which is already heavy

•         Elma Street Park is totally deteriorated and is not used by children in the Cecil Street area

•         should have a park on this property, not collect 5% for the parkland dedication fund

•         neighbours disappointed with proposal

The Mayor invited members of the public to come forward to speak in support of the applications. No one came forward to speak in this regard.

The Mayor invited the applicant or agent to come forward. Rocky Vacca, partner at Sullivan Mahoney Lawyers, came forward to address Council and stated the following:

•         applicant was advised that no additional traffic report would be necessary for the 44-unit proposal; however, undertook a study which concluded that the proposed development is expected to have minimal impact to traffic operations in the study area

•         the resident's desire to have a parkette on the property does not comply with the parks policy

•         the proposal includes a walkway to make access to the park easier

•         under a land titles application, this land was surveyed and found that neighbouring properties were within the development's boundaries

•         this is an infill development and under the provincial policy, municipalities must look at infilling

•         proposal meets all parking requirements in the zoning by-law

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

•         Mr. Vacca addressed the resident's concerns, including location, parkland, traffic, and clarification of the land title issue

•         any red lining on the plan of subdivision must be in conformity with the zoning by-law

•         drainage, grading, etc. will be addressed through the site plan process in the plan of subdivision and is in the early stages

•         concerns raised by the neighbourhood will be considered through site plan approval

The Director answered Council's questions.

City Council reconvened.

Moved By:  Councillor Phillips

1. Zoning By-law Amendment (60.35.1014)

That Council approve an amendment to the City of St. Catharines Zoning By-law 2013-283, for the lands described as Part of Lots 5 & 6 Registered Plan No. TP146 Parts of Lot 20 & 21, Concession 3 Part of the Road Allowance between Concession 3, municipally known as 63 Cecil Street, as follows:

a)That Section 15.1, Schedule A (A7), Zoning Maps, be amended by rezoning a portion of the subject lands identified on Area 1 from Local Neighborhood Institutional (I1- 136) to Conservation/Natural Area (G1) as outlined in Appendix 3.

b)That Section 15.1, Schedule A (A7), Zoning Maps, be amended by rezoning a portion of the subject lands identified on Area 2 from Conservation/Natural Area (G1) to Local Neighborhood Institutional (I1- 136) as outlined in Appendix 3.

c)That Section 15.1, Schedule A (A7), Zoning Maps, be amended by rezoning a portion of the subject lands identified as Area 3 from Local Neighborhood Institutional (I1) to Minor Green Space (G2) as outlined in Appendix 3.

d)That Section 15.1, Schedule A (A7), Zoning Maps, be amended by rezoning the subject lands identified as Area 5 from Local Neighborhood Institutional (I1) to Local Neighborhood Institutional (I1-136) as outlined in Appendix 3.

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

f)That Schedule B, Lot Specific Maps for Special Provisions, be amended by inserting an additional lot specific map (Schedule B32), as illustrated in Appendix 10 attached to this report.

B.Draft Plan of Subdivision (60.46.412)

That Council refer the report for draft plan of subdivision to a meeting of Council May 16, 2016, 14 days after the Public Meeting of May 2, 2016, pursuant to Section 51(20) of the Planning Act.

C.Draft Plan of Condominium (60.46.411)

That Council defer approval of the application for Condominium Draft Plan Approval for 24 townhouse units for the lands described as Part of Lots 3 and 6 Registered Plan No. TP146, Parts of Lot 20 & 21, Concession 3 Part of the Road Allowance between Lots 20 & 21, Concession 3, City of St. Catharines, municipally known as 63 Cecil Street, as illustrated in Appendix 2 of this report, until such time as an application for site plan approval has been received and reviewed; and

That Council direct that the site plan process for the condominium be a public process where residents can have input; and

That Council direct staff to consider the installation of sidewalks on both sides of the condominium complex development as part of the site plan process; and

That Council direct staff to give consideration to investing a portion of the parkland dedication fund towards improving Elma Street Park; and

That Council close the public meeting on all three applications; 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

For the Zoning By-law amendment, that the Mayor and City Clerk be authorized to execute the necessary By-law to give effect to Council’s decisions once the required survey has been submitted; and

That upon expiration of the appeal period, staff be directed to forward an application to the Ontario Municipal Board, if any appeals are received; and

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

...

Councillor Haywood requested the motion be split in two parts, voting separately on giving consideration to investing a portion of the parkland dedication fund towards improving Elma Street Park.

Part One

That Council direct staff to give consideration to investing a portion of the parkland dedication fund towards improving Elma Street Park.

Yeas:Councillors Williamson, Bellows, Garcia, Harris, Kushner, Phillips, Stevens, and Mayor Sendzik

Nays:Councillors Britton, Elliott, Haywood, Siscoe, and Sorrento

Carried

Part Two

Remainder of the motion

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

Nays:Councillors Sorrento, Williamson and Haywood

Carried

Moved By:  Councillor Stevens

Seconded By:  Councillor Elliott

That Council close the public meeting regarding the proposed Draft Plan of Subdivision, Draft Plan of Condominium and Zoning By-law Amendment for 63 Cecil Street.

Carried

The Mayor advised that the public meeting was closed. Persons wishing to receive formal notice of Council's decision of today and following their consideration at the meeting of May 16, 2016, should submit a written request to the Office of the City Clerk.

The Mayor proceeded to Item 4.

The Mayor presented a verbal report on matters of community interest following Item 7.1, then proceeded to Item 6.

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

Moved By:  Councillor Bellows

Seconded By:  Councillor Kushner

That Council adopt the agendas for the meeting of May 2, 2016, as presented.

Carried

There were none declared at this time.

The Mayor proceeded to Item 7.1.

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt the minutes of the Regular meeting of Council held on Monday, April 18, 2016.

Carried

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt the minutes of the General Committee meeting held on Monday, April 18, 2016.

Carried

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt the minutes of the Special meeting of General Committee held on Monday, April 11, 2016.

Carried

The Mayor continued on to Item 8.

Gary Oblinsky, a member of the St. Catharines & District Retirees Association, addressed Council regarding the planned new administration building for the Victoria Lawn Cemetery which is to be located at 431 Queenston Street. He advised Council the non-profit group uses the existing building as a woodworking shop. Mr. Oblinsky asked Council for an extension of the deadline to vacate the building and for assistance in relocating to another facility within the city.

Moved By:  Councillor Elliott

Seconded By:  Councillor Kushner

That Council receive and refer the presentation by Gary Oblinsky, member of St. Catharines & District Retirees Association, regarding the new administration building for the Victoria Lawn Cemetery, to General Committee for consideration later this evening (see General Committee Agenda, May 2, 2016, Item 4.3).

Motion to Refer Carried

The Mayor proceeded to Item 3.

Councillor Siscoe presented the following notice of motion and requested Council suspend the rules to allow the motion to be considered this evening.

Moved By:  Councillor Siscoe

Seconded By:  Councillor Harris

Whereas the Niagara IceDogs have represented our community in an exceptional fashion throughout these OHL playoffs; and

Whereas the team will soon embark on a mission to bring home the OHL Championship this week against London with the goal of earning a trip to the Memorial Cup; and

Whereas community members are organizing community celebrations in Montebello Park on Friday, May 6th at 12pm in preparation for the Championship series;

Therefore Be It Resolved that City staff work with the organizing group to expedite this community event and help publicize it on the City website, and waive fees associated with the event; and

Be It Further Resolved that St. Paul Street be closed to vehicle traffic between the Rankin and South Bridge leading to the Meridian Centre from two hours before home games until the puck drop; and

Be it Further Resolved that this stretch be renamed the "Dog Run" for the duration of the Championship Series and any future games played in this year's playoffs; and

Be It Further Resolved that City staff work with business owners in the core to allow them to expand business activities during this time through expanded patios, etc.; and

Be It Further resolved that the Niagara Ice Dogs broadcast partner Bell Media St. Catharines partner with the City in this initiative to support the team and use the land adjacent to the South Meridian Centre Bridge for remote broadcast purposes throughout the duration of the closures for home games; and

Be It Further Resolved that these street closures be considered Events of Municipal Significance with respect to the issuance of Special Event Permits from the AGCO. FORTHWITH

...

Suspension of the Rules

Moved By:  Councillor Siscoe

Seconded By:  Councillor Harris

That Council suspend the rules in accordance with Procedural By-law 2015-170, article A4, Suspension of Rules, to allow the motion to be discussed this evening.

Carried

Following discussion, Council voted on the main motion.

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

Nays:

Carried Unanimously

Councillor Haywood advised he would present the following motion at the next meeting of Council.

Moved By:  Councillor Haywood

Whereas, Bill Wiley was Principal of Merritton High School in 1980 and was there until his retirement in 1989;

Whereas, he was an Alderman representing the Merritton Ward on St. Catharines City Council from 1986 till 1997 - serving four consecutive terms as a Councillor, including one term serving as Deputy Mayor;

Whereas, he was a member of the Merritton Lions' Club for 28 years - also serving for a time as their President;

Whereas, he was a member of the Royal Canadian Legion Branch 138;

Whereas, he was a member of the Merritton Community Group and their amazing publication Merritton Matters;

Whereas, he was a founding member of the St. Catharines Green Committee;

Whereas, Bill Wiley's surviving family - in addition to all organization still active mentioned above - are supportive of this motion;

Therefore Let It Be Resolved that St. Catharines City Council support the naming of the St. Catharines Green Committee's Beautification project at 327 Glendale Avenue as the "Merritton Bill Wiley Memorial Parkette";

Let It Be Further Resolved that City staff work with the St. Catharines Green Committee in this pursuit and that they prepare any related by-laws in relation to this motion. FORTHWITH

Councillor Britton advised he would present a motion regarding renaming Cushman Road Park at the next meeting of Council, once the renaming policy comes back to Council.

Councillor Britton advised that he would present a motion at a future meeting regarding banning the import of asbestos in Canada.

Councillor Williamson advised that notice of reconsideration be given regarding declaring an event one of municipal significance for the Niagara Craft Beer Festival with respect to obtaining liquor permits in accordance with the Alcohol and Gaming Commission of Ontario requirements, for reconsideration at the May 16, 2016 meeting of Council for the following reasons:

•         August 5-7, 2016, is the Royal Canadian Henley regatta, a world-class, international rowing competition that takes place adjacent to Rennie Park;

•         community members and rowers have expressed concerns about not being able to access Rennie Park to watch the Henley, are concerned about noise volume, traffic on the island, and disruptions to the competition by the close proximity of this event;

•         request that City staff meet and work together with the organizers of the Craft Beer Festival to address concerns raised by the Henley over the next two weeks and report back to Council before Monday, May 16, 2016

•         if these concerns are not addressed and accommodated, Councillor Williamson will ask Council to reconsider approval of the event of municipal significance at the meeting of May 16

Moved By:  Councillor Phillips

Seconded 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), Niagara Peninsula Conservation Authority, Region of Niagara, and all local municipalities in the Niagara Region for their consideration.

Further, that staff be directed to prepare a report outlining what can be done within the city, where the phragmites are located, where the City should be concerned, and what, as a municipality, can be done locally to control this. FORTHWITH

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

Nays:

Carried

Moved By:  Councillor Siscoe

Seconded By:  Councillor Phillips

Whereas it is deemed desirable to issue debentures in the amount of $11,459,500 in accordance with the terms of the various authorizing by-laws applicable to such expenditures;

Now therefore be it resolved by the Council of the Corporation of the City of St Catharines as follows:

That the City Clerk be and is hereby directed to request the Council of the Regional Municipality of Niagara to issue debentures, on behalf of the said City, in the amount of $11,459,500; and

That the City Clerk and Treasurer be and they are hereby directed to make available to the said Regional Municipality of Niagara certified copies of all By-laws and Orders of the Ontario Municipal Board applicable and all other information required in this connection, to ensure the issue of the said debentures in the amount of $11,459,500. FORTHWITH

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

Nays:

Carried

Council recessed at 9:23 p.m. and General Committee convened. General Committee adjourned at 10:48 p.m. and City Council reconvened.

Moved By:  Councillor Elliott

Seconded By:  Councillor Phillips

That Council does now reconvene from the In-Camera session; and

That Council direct staff to proceed as discussed In-Camera regarding a licence agreement with Ausmosis Enterprises Inc. with respect to operation of the Lakeside Park Concession for the 2016 summer season; and

That the City Solicitor be directed to prepare the necessary documents and by-laws. FORTHWITH

Carried

Moved By:  Councillor Phillips

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

Carried

Reading of By-laws

Moved By:  Councillor Kushner

Seconded By:  Councillor Britton

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. 2016-112  A By-law to authorize a contract with Brennan Paving Limited. (One reading - with respect to 2016 Resurfacing Program - Part 1, under Project No. P16-080. Delegation By-law No. 2004-277, as amended.)  File: 18.20.203

By-law No. 2016-113  A By-law to authorize a contract with CSL Group Ltd. (One reading - with respect to Montebello Park Pergola, Fencing and Walkway, under Project No. P11-130. Delegation By-law No. 2004-277, as amended.)  File: 18.20.198

By-law No. 2016-114  A By-law to authorize a contract with Peters Excavating Inc. (One reading - with respect to Lake/Russell, under Project No. P15-103. Delegation By-law No. 2004-277, as amended.)  File: 18.45.253

By-law No. 2016-115  A By-law to amend By-law No. 2002-81 entitled “A By-law to appoint certain employees of the Canadian Corps of Commissionaires (Hamilton) as municipal law enforcement officers.” (One reading - with respect to change in personnel. Delegation By-law No. 2004-277, as amended.)  File: 10.10.99

By-law No. 2016-116  A By-law to authorize an Agreement for Professional Services with Dillon Consulting Limited. (One reading - with respect to preparation of a fire response modelling assessment. Delegation By-law No. 2004-277, as amended.)      File: 68.13.99

By-law No. 2016-117  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 proposed development at 63 Cecil Street. Council, May 2, 2016, Item 2.3.)  File: 60.35.1014, 60.46.411, 60.46.412

By-law No. 2016-118  A By-law to authorize a contract with Schilthuis Construction Inc. (One reading - with respect to Seymour Hannah Sports and Entertainment Centre - Ice Pad Replacement and Associated Mechanical Modifications - Phase 1, under Project No. P16-164. General Committee, May 2, 2016, Item 3.1.)  File: 18.20.203

By-law No. 2016-119  A By-law to provide for the setting and levying of rates of taxation for City purposes for the year 2016, and to provide for the payment of taxes after interim taxes. (One reading - with respect to the 2016 Tax Rates. General Committee, May 2, 2016, Item 3.4.)  File: 10.57.12

By-law No. 2016-120  A By-law to confirm the proceedings of council at its meeting held on the 2nd day of May, 2016. (One reading - with respect to confirming the proceedings of the meeting held on May 2, 2016, and the special meeting held on April 11, 2016.)  File: 10.12.1

Carried

Moved By:  Councillor Kushner

Seconded By:  Councillor Britton

That the following additional by-law be read a first time, considered and passed; and

That it be signed and executed by the Mayor and the City Clerk.

By-law No. 2016-121  A By-law to authorize a Licence Agreement with Ausmosis Enterprises Inc. (One reading - with respect to operation of the Lakeside Park Concession for the 2016 summer season. Council, May 2, 2016, Item 11.1).              File: 16.19.99

Carried

Minutes to Receive:

•         Environmental Sustainability Committee, April 6, 2016

•         Active Transportation Advisory Committee, December 3, 2015, and February 11, 2016

•         St. Catharines Museum Advisory Committee, February 23, 2016

•         Public Art Advisory Committee, March 4, 2016

•         Clean City Advisory Committee, March 15, 2016

•         St. Catharines Heritage Permit Advisory Committee, March 31, 2016

•         Master Fire Planning Committee, April 7, 2016

Moved By:  Councillor Bellows

Seconded By:  Councillor Garcia

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

Carried

Moved By:  Councillor Britton

Seconded By:  Councillor Stevens

There being no further items of business, this meeting be adjourned at 10:51 p.m.

Carried

Certified Correct:Confirmed by:

________________________________________________________________________________

City ClerkMayor