The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, August 22, 2016
Present:
Absent: | Mayor Walter Sendzik Councillors Mike Britton, Mark Elliott (arrived at 8:50 p.m.), N. Carlos Garcia, David A. Haywood (left at 9:43 p.m.), Joseph Kushner, Bill Phillips, Mathew Siscoe (arrived at 7:42 p.m.), Sal Sorrento, Jennifer Stevens, and Bruce Williamson
Councillors Sandie Bellows and Matthew Harris |
| |
Officials Present: | Dan Carnegie, Chief Administrative Officer Shelley Chemnitz, Commissioner of Corporate Services Bryan Shynal, Commissioner of Operations 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 Phil Cristi, Acting Director of Parks, Recreation and Culture Services David Wood, Director of Fire and Emergency Management Services Bonnie Nistico-Dunk, City Clerk Deanna Haine, Council and Committee Coordinator |
Mayor Sendzik took the chair and called the meeting to order in Council Chambers at 6:31 p.m. |
1. | Presentations |
There were none this evening.
2. | Public Meetings Pursuant to Planning Act |
2.1. | Planning and Building Services, Planning Services Application to Amend Description of Niagara North Vacant Land Condominium Corporation No. 256 to add Five Units, 55 Lakeshore Road (57 Lakeshore Road); Grey Forest Homes Ltd., Owner; Upper Canada Consultants, Agent |
Councillor Elliott was not present for the public meeting.
Councillor Siscoe was not present for the public meeting, therefore, did not participate nor vote.
Council held a public meeting respecting an application to amend the description of Niagara North Vacant Land Condominium Corporation No. 256 to add five units at 55 Lakeshore Road (57 Lakeshore Road). Jim Riddell, Director of Planning and Building Services, provided an overview of the proposal.
The Mayor asked if anyone in attendance wished to speak in opposition or support of the proposal. No one came forward to speak.
The Mayor asked if the owner or applicant wished to speak. The Agent, Jennifer Vida, Manager of Planning and Development for Upper Canada Consultants, came forward to address Council. She reviewed the application using a slideshow, addressed concerns raised by residents and answered Council's questions.
The Mayor asked if the Director had any summary comments.
The Director reiterated that the concerns of the residents regarding privacy, storm water management and lighting have been addressed and resolved. He answered Council's questions.
City Council reconvened.
Seconded By: Councillor Williamson
That Council close the public meeting respecting an application to amend the description of Niagara North Vacant Land Condominium Corporation No. 256 to add five units at 55 Lakeshore Road (57 Lakeshore Road).
Carried
Seconded By: Councillor Phillips
That Council refer the report from Planning and Building Services regarding an application to amend the description of Niagara North Vacant Land Condominium Corporation No. 256 to add five units at 55 Lakeshore Road (57 Lakeshore Road) for the consideration of Council at the meeting of September 12, 2016.
Motion to Refer Carried
The Mayor opened the next public meeting.
2.2. | Planning and Building Services, Planning Services Application to Amend Zoning By-law (2013-283) from Downtown Traditional Main Street (C6-92) to Downtown Commercial Core (C5-92); 57 Carlisle Street; Owner: 1788727 Ontario Ltd. (Council will reserve their decision until they consider Item 3.1 on the General Committee Agenda later in the evening) |
Councillor Elliott was not present for the public meeting.
Councillor Siscoe was not present for the public meeting, therefore, did not participate nor vote.
Council held a public meeting respecting an application to amend Zoning By-law 2013-283 from Downtown Traditional Main Street (C6-92) to Downtown Commercial Core (C5-92) at 57 Carlisle Street. Jim Riddell, Director of Planning and Building Services, provided an overview of the proposal.
The Mayor asked if anyone in attendance wished to speak in opposition or support of the proposal. No one came forward to speak.
The Mayor asked if the owner or applicant wished to speak. The Agent, Ken Gonyou of Upper Canada Consultants, came forward to address Council. He reviewed the application and answered Council's questions. Michael Allen, Principal Architect, ACK Architects, and Nick Atalick, Developer, were also in attendance to answer questions.
The Mayor asked if the Director had any summary comments.
The Director advised there are no parking requirements for the downtown, and the application is subject to site plan approval and urban design guidelines. There were no further questions of Council.
City Council reconvened.
Seconded By: Councillor Phillips
That Council reserve its decision on the proposal until after consideration of Item 3.1 on this evening's General Committee Agenda.
Motion to Reserve Decision Carried
The Mayor continued with the regular agenda. Following discussion of Item 3.1 on the General Committee Agenda, Council reconvened at 7:59 p.m. for the decision on the public meeting.
Seconded By: Councillor Kushner
That Council approve an amendment to Zoning By-law 2013-283, as amended, for the lands described as Lots 433, 427 & Part Lot 434, CP 2, designated as Part 2 on RP 30R-14074, municipally known as 57 Carlisle Street, as follows:
• That Schedule A14, Zone Map, be amended by changing the zoning of the subject lands from Downtown Traditional Main Street (C6-92) to Downtown Commercial Core (C5-92), as identified in Appendix 3 of this report; and
That the Mayor and City Clerk be authorized to execute the necessary By-laws 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 Clerk be directed to make all necessary notifications. FORTHWITH
Yeas:Councillors Britton, Garcia, Haywood, Kushner, Phillips, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
Seconded By: Councillor Stevens
That Council close the public meeting regarding an application to amend Zoning By-law 2013-283 from Downtown Traditional Main Street (C6-92) to Downtown Commercial Core (C5-92) at 57 Carlisle Street.
Carried
The Mayor advised the public meetings were closed and persons wishing to receive formal notice of Council's decision arising from the public meetings should submit a written request to the Office of the City Clerk.
City Council recessed at 8:03 p.m. and General Committee reconvened.
3. | Mayor's Report |
The Mayor presented a verbal report on matters of community interest.
4. | Adoption of the Agendas |
• The City Clerk advised there would be an additional In-Camera item, verbal report, regarding advice that is subject to solicitor-client privilege
• Council Agenda Item 9.1, Motion regarding 101 South Drive, was removed from the agenda due to the absence of Councillor Harris
• Addition to General Committee Agenda regarding email received by Councillor with respect to an advisory committee vacancy
Seconded By: Councillor Sorrento
That Council adopt the agendas for the meeting of August 22, 2016, as amended.
Carried as Amended
5. | Declarations of Interest |
• Councillor Williamson declared a Conflict of Interest (Pecuniary) to any matters related to the District School Board of Niagara and the wine industry
6. | Adoption of the Minutes (Council and General Committee) |
6.1. |
Seconded By: Councillor Haywood
That Council adopt the minutes of the Regular meeting of Council held on Tuesday, July 26, 2016.
Carried
6.2. |
Seconded By: Councillor Haywood
That Council adopt the minutes of the General Committee meeting held on Tuesday, July 26, 2016.
Carried
7. | Delegations |
7.1. | Public Meeting (Pursuant to Notice By-law No. 2007-310, as Amended) Re: 2016 Capital Budget and Four Year Forecast |
The Mayor advised that public notice had been published in accordance with the City's Notice By-law to consider the 2016 Capital Budget and Four Year Forecast.
Kristine Douglas, Director of Financial Management Services, and Dan Dillon, Director of Transportation and Environmental Services, presented the 2016 Capital Budget and Four Year Forecast.
The Mayor advised that those who had registered with the City Clerk in advance of the meeting would be heard. None were registered. The Mayor then invited members of the public to come forward to be heard. No one came forward.
There were no summary comments from the Directors.
Seconded By: Councillor Britton
That Council receive the presentation by Kristine Douglas, Director of Financial Management Services, and Dan Dillon, Director of Transportation and Environmental Services, regarding the 2016 Capital Budget and Four Year Forecast, and refer it to General Committee for consideration later this evening (see General Committee minutes, August 22, 2016, Item 3.3).
Motion to Refer Carried
Seconded By: Councillor Haywood
That Council close the public meeting regarding the 2016 Capital Budget and Four Year Forecast.
Carried
8. | Call for Notices of Motion |
8.1. | Property Severances Councillor Kushner presented the following notice of motion for the consideration of Council at the meeting of September 12, 2016:
Whereas intensification is a desirable principle which reduces urban sprawl and makes more efficient use of infrastructure; and
Whereas intensification should not be used by developers as the sole rationale for every development proposal, but instead be used only if the development is compatible with the neighbourhood; and
Whereas some proposed severances may result in incompatible development within neighbourhoods; and
Whereas some neighbourhoods are being targeted for severances that are not compatible with their neighbourhoods; and
Whereas we have examples of severances where housing is being constructed to the detriment of neighbourhoods;
Therefore Be It Resolved that the City’s Official Plan policy and Zoning by-law standards for infill development within neighbourhoods be reviewed and that staff consider criteria to evaluate severance applications including, but not limited to, the following: • site layout including building footprint, parking area location, landscaped areas • architectural elevations • proposed building materials • and similar design criteria which contribute to infill development that is sensitive to the established neighbourhood; and
That staff examine the merits of establishing a design review committee consisting of staff and knowledgeable volunteers to provide input into the review of certain defined development applications using Council approved planning policy and design guidelines as the basis for review; and
Further Be It Resolved that the review of the severance procedures be such that there will be an opportunity for citizens to give their input into the process. |
8.2. | Request Niagara Region Support Tax Rebate Program for Ethno-Cultural Charitable Organizations Councillor Britton presented the following notice of motion for the consideration of Council at the meeting of September 12, 2016:
Whereas several ethno-cultural groups operating in the City of St. Catharines are registered as charitable organizations and own real property for the purposes of providing meeting spaces and cultural services to the community; and
Whereas real property valuations and tax classifications can create a financial burden on ethno-cultural charitable organizations and the City has limited policy options to provide assistance; and
Whereas the City of St. Catharines tax policy guidance is set forth by Niagara Region;
Therefore, St. Catharines City Council request that Niagara Regional Council support the consideration of a tax rebate program for ethno-cultural centres registered as charitable organizations and owning real property in the City of St. Catharines in the development of the 2017 tax policy with the purpose of providing a tax rebate program for cultural groups registered as a charitable organization; and that a financial impact and implementation report be presented to the Regional Budget Committee for consideration in the 2017 tax policy. |
9. | Motions |
9.1. | 101 South Drive - Feasibility to Purchase Due to the absence of Councillor Harris, this motion was removed from the agenda during Adoption of the Agendas, Item 4, and will be presented at the meeting of September 12, 2016. |
10. | Resolve into General Committee |
Council recessed at 7:41 p.m. and General Committee convened. General Committee adjourned at 10:55 p.m. and City Council reconvened. Council passed a motion during the In-Camera session to extend the curfew.
11. | Motion Arising from In-Camera Session |
Councillor Haywood left the meeting prior to commencement of the In-Camera session.
11.1. | In-Camera Agenda Item 2.1 Financial Management Services, Property Management Property Matter – Lease, Realty File No. 06-06 |
Seconded By: Councillor Phillips
That Council does now reconvene from the In-Camera session; and
That Council authorize an extension of the Lease with Front Row Sports Ltd. With respect to the use of a portion of the Seymour-Hannah Sports & Entertainment Centre located at 240 St. Paul Street West for operating a skate centre for skate sharpening; and
That the City Solicitor be directed to prepare the necessary documents and by-law. FORTHWITH
Yeas:Councillors Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Britton, Elliott, Garcia, and Mayor Sendzik
Nays:
Carried
11.2. | In-Camera Agenda Item 2.2 Financial Management Services, Property Management Property Matter – Lease, Realty File No. 05-36 |
Seconded By: Councillor Phillips
That Council authorize an extension of the Lease with 1669772 Ontario Limited with respect to the use of a portion of the Seymour-Hannah Sports & Entertainment Centre for operating a restaurant and two food concessions; and
That the City Solicitor be directed to prepare the necessary documents and by-law. FORTHWITH
Yeas:Councillors Phillips, Siscoe, Sorrento, Stevens, Williamson, Britton, Elliott, Garcia, Kushner, and Mayor Sendzik
Nays:
Carried
11.3. | In-Camera Agenda Item 2.3 Financial Management Services, Property Management Property Matter – Sale, Realty File No. 13-16 |
Seconded By: Councillor Phillips
That Council authorize an Agreement with Merritton Projects Inc. with respect to the sale of 343 Merritt Street and 16 Walnut Street (former Merritton Town Hall and Fire Station); and
That the City Solicitor be directed to prepare the necessary documents and by-law. FORTHWITH
Yeas:Councillors Siscoe, Sorrento, Williamson, Britton, Kushner, Phillips, and Mayor Sendzik
Nays:Councillors Stevens, Elliott and Garcia
Carried
11.4. | In-Camera Agenda Item 2.4 Corporate Support Services, Director Labour Relations |
Seconded By: Councillor Phillips
That Council receive the information regarding labour relations; and
That staff proceed as directed In-Camera. FORTHWITH
Yeas:Councillors Phillips, Siscoe, Sorrento, Stevens, Williamson, Britton, Elliott, Garcia, Kushner, and Mayor Sendzik
Nays:
Carried
11.5. | In-Camera Agenda Item 2.5 Councillor Garcia - Memorandum Personal Matter |
Seconded By: Councillor Phillips
That Council receive the information regarding a personal matter. FORTHWITH
Yeas:Councillors Garcia, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Britton, Elliott, and Mayor Sendzik
Nays:
Carried
11.6. | In-Camera Agenda Additional Item (added during Adoption of Agendas, Item 4) Legal and Clerks Services, Director Verbal Report - Subject to Solicitor-Client Privilege |
Seconded By: Councillor Phillips
That Council receive the verbal report from the City Solicitor regarding a naming rights agreement. FORTHWITH
Yeas:Councillors Siscoe, Sorrento, Stevens, Williamson, Britton, Elliott, Garcia, Kushner, Phillips, and Mayor Sendzik
Nays:
Carried
Moved By: Councillor Williamson
Seconded By: Councillor Phillips
That Council extend the curfew by five minutes to complete the items on the agenda.
Carried Unanimously
12. | Motion to Ratify Forthwith Recommendations |
Seconded By: Councillor Siscoe
That Council adopt those items approved FORTHWITH by the General Committee on Monday, August 22, 2016.
Carried
13. | By-laws |
13.1. | Reading of By-laws |
Moved By: Councillor Williamson
Seconded By: Councillor Garcia
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. 2016-194 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. 2016-195 A By-law to authorize a Partial Release of Agreement over certain lands municipally known as 475 Carlton Street. (One reading - with respect to a partial release of a Site Plan Agreement. Delegation By-law No. 2004-277, as amended.) File: 60.51.99
By-law No. 2016-196 A By-law to authorize a contract with 788893 Ontario Limited o/a Niagara Crack Sealing. (One reading - with respect to 2016 Crack Sealing Program, under Project No. P16-083. Delegation By-law No. 2004-277, as amended.) File: 18.45.254
By-law No. 2016-197 A By-law to authorize a tender award to Podolinsky Equipment Ltd. (One reading – with respect to the purchase of a tractor and attachments. Delegation By-law No. 2004-277, as amended.) File: 68.81.99
By-law No. 2016-198 A By-law to authorize the acceptance of a conveyance of certain lands from Vincenzo Torelli for the widening of Greenwood Avenue. (One reading – with respect to 16, 20 & 22 Greenwood Avenue. Delegation By-law No. 2004-277, as amended.) File: 16.7.10
By-law No. 2016-199 A By-law to authorize an Assignment of License with John Cappellazzo to James MacPhail and Jillian MacPhail. (One reading – with respect to License Agreement dated November 20, 2009 pertaining to 45 Forest Hill Road. Delegation By-law No. 2004-277, as amended.) File: 16.7.20
By-law No. 2016-200 A By-law to authorize a Supplemental Agreement with St. Lawrence Seaway Management Corporation. (One reading – with respect to License Agreement No. 66-802. Delegation By-law No. 2004-277, as amended.) File: 16.19.99
By-law No. 2016-201 A By-law to authorize a Release of the Subject of Interest of the Municipality. (One reading – with respect to 66 Rodman Street. Delegation By-law No. 2004-277, as amended.) File: 60.2.99
By-law No. 2016-202 A By-law to authorize a contract with SMID Construction Limited. (One reading – with respect to Carlisle Street Parking Garage – Waterproofing Membrane Repairs, Project No. P16-151. Delegation By-law No. 2004-277, as amended.) File: 18.20.203
By-law No. 2016-203 A By-law to authorize a contract with Gauboc Construction Limited. (One reading – with respect to 2016 New Sidewalk Construction Program, Project No. P16-041. Delegation By-law No. 2004-277, as amended.) File: 18.20.203
By-law No. 2016-204 A By-law to authorize a Release of Easement on certain lands described as Lot 6 on Registered Plan 358. One reading – with respect to 535 Geneva Street. Delegation By-law No. 2004-277, as amended.) File: 16.19.99
By-law No. 2016-205 A By-law to authorize a Licence Agreement with St. Catharines Canadian Polish Society and to repeal By-law No. 2016-165. (One reading – with respect to a one-day community event “Facer European Festival (2016)”. Council, June 27, 2016, Item No. 3.3.) File: 56.14.2
By-law No. 2016-206 A By-law to close temporarily part of Facer Street and to repeal By-law No. 2016-164. (One reading – with respect to a one-day community event “Facer European Festival (2016)”. Council, June 27, 2016, Item No. 3.3.) File: 77.44.99
By-law No. 2016-207 A By-law to amend By-law No. 2015-170 entitled “A By-law to regulate the proceedings of Council of The Corporation of the City of St. Catharines, and to repeal By-laws 2007-311, 2011-153, and 2012-330.” (One reading - with respect to improving the efficiency of Council Meetings. General Committee, July 11, 2016, Item No. 3.3.) File: 10.12.1 and 10.12.35
By-law No. 2016-208 A By-law to amend By-law No. 2013-283 entitled “A By-law to regulate the use of land, the bulk, 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 removal of a Holding (H) provision pertaining to 212 Lakeport Road. General Committee, August 22, 2016, Item 4.1.) File: 60.35.1 and 60.35.1008
By-law No. 2016-209 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 57 Carlisle Street. Council, August 22, 2016, Item 2.2.) File: 60.35.1
By-law No. 2016-210 A By-law to adopt procedures for Boards of Management for Business Improvement Areas (BIA). (One reading – with respect to consolidation and administrative changes to the procedures for all City BIA boards of management. General Committee, August 22, 2016, Item 4.14.) File: 35.60.93
By-law No. 2016-211 A By-law to re-establish a Board of Management for the Port Dalhousie business improvement area and to repeal By-law No. 86-419. (One reading – with respect to the adoption of a separate procedure by-law for all City BIA boards of management and housekeeping changes. General Committee, August 22, 2016, Item 4.14.) File: 35.60.18
By-law No. 2016-212 A By-law to re-establish a Board of Management for the St. Catharines Downtown Business Improvement Area and to repeal By-law No. 73-38. (One reading – with respect to the adoption of a separate procedure by-law for all City BIA boards of management and housekeeping changes. General Committee, August 22, 2016, Item 4.14.) File: 35.60.9
By-law No. 2016-213 A By-law to authorize an Encroachment Agreement with Nickel Developments Ltd. (One reading – with respect to 281-283 St. Paul Street. General Committee, August 22, 2016, Item 4.7.) File: 16.7.2
By-law No. 2016-214 A By-law to amend By-law No. 89-2000 entitled "A By-law regulating traffic and parking on City Roads". (One reading - with respect to prohibition of parking on the east side of Harcove Street. General Committee, August 22, 2016, Item 4.8.) File: 77.34.99
By-law No. 2016-215 A By-law to amend By-law No. 89-2000 entitled "A By-law regulating traffic and parking on City Roads". (One reading - with respect to prohibition of parking on the north side of Sandown Street. General Committee, August 22, 2016, Item 4.10.) File: 77.34.99
By-law No. 2016-216 A By-law to amend By-law No. 89-2000 entitled "A By-law regulating traffic and parking on City Roads". (One reading - with respect to the installation of an all-way stop at the intersection of Lakeside Drive and Bromley Drive. General Committee, August 22, 2016, Item 4.9.) File: 77.37.99
By-law No. 2016-217 A By-law to amend By-law No. 89-2000 entitled "A By-law regulating traffic and parking on City Roads". (One reading - with respect to the installation of stop controls at various locations. General Committee, August 22, 2016, Item 4.11.) File: 77.37.99
By-law No. 2016-218 A By-law to confirm the proceedings of council at its meeting held on the 22nd day of August, 2016. (One reading – with respect to confirming the proceedings of the meeting held on August 22, 2016.) File: 10.12.1
By-law No. 2016-219 A By-law to authorize an Agreement with Ontario Power Generation. (One reading - with respect to fire training activities associated with Swift Water Rescue Program on 12 Mile Creek. Delegation By-law No. 2004-277, as amended.) File: 68.13.99
Carried
13.2. | Reading of Additional By-laws |
Moved By: Councillor Williamson
Seconded By: Councillor Garcia
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. 2016-220 A By-law to authorize an extension of the Lease with Front Row Sports Ltd. (One reading – with respect to the use of a portion of the Seymour-Hannah Sports & Entertainment Centre located at 240 St. Paul Street West for operating a skate centre for skate sharpening. Council, August 22, 2016, Item 11.1.) File: 16.19.99
By-law No. 2016-221 A By-law to authorize an extension of the Lease with 1669772 Ontario Limited. (One reading – with respect to the use of a portion of the Seymour-Hannah Sports & Entertainment Centre for operating a restaurant and two food concessions. General Committee, August 22, 2016, Item 11.2.) File: 16.19.99
By-law No. 2016-222 A By-law to authorize an Agreement with Merritton Projects Inc. (One reading – with respect to the sale of 343 Merritt Street and 16 Walnut Street (former Merritton Town Hall and Fire Station). General Committee, August 22, 2016, Item 11.3.) File: 16.7.99
Carried
14. | Agencies, Boards, Committee Reports |
Minutes to Receive:
14.1. | Minutes to Receive: • Economic Sustainability Committee, March 22, 2016 and June 14, 2016 • Arts and Culture Advisory Committee, April 5, 2016 and July 5, 2016 • Heritage Permit Advisory Committee, May 26, 2016 and July 28, 2016 • Green Advisory Committee, June 8, 2016 and July 13, 2016 • Public Art Advisory Committee, June 17, 2016 • Environmental Sustainability Pillar, July 6, 2016 • Master Fire Planning Advisory Committee, July 7, 2016 • Canada 150 Anniversary Task Force, June 2, 2016, June 14, 2016 and July 7, 2016 • Cultural Sustainability Pillar, July 27, 2016 and August 10, 2016 (draft) |
Moved By: Councillor Garcia
Seconded By: Councillor Williamson
That Council approve the recommendation of the Cultural Sustainability Committee to appoint Peter Dillman and Justus Duntsch to the Arts and Culture Advisory Committee as noted in the committee minutes of July 27, 2016; and
That Council receive and file the minutes of the Advisory Committees of Council, as presented.
Carried
15. | Adjournment |
Seconded By: Councillor Stevens
There being no further items of business, this meeting be adjourned at 11:03 p.m.
Carried
Certified Correct:Confirmed by:
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City ClerkMayor