The Corporation of the City of St. Catharines

GENERAL COMMITTEE MINUTES

Monday, August 22, 2016

Item 4.6: Morningstar Mill - Proposal to Transfer Property and Program Operations to Niagara Peninsula Conservation Authority (Councillor Williamson)

Item 4.12: Proposal to Declare Surplus Land, Vacant Land known as 373 Glendale Avenue, Realty File: 14-218 (Councillor Stevens)

Item 4.16, Sub-item 1: Friends of Walker's Creek; Re: Request to waive all fees associated with "An Evening of Stargazing" at Cindy Drive Park on September 10, 2016 (Councillor Phillips)

Item 4.16, Sub-item 2 and related Sub-item 16: Canadian Polish Society;

Re: Request to waive fees associated with First Annual Facer European Festival (Councillor Britton)

Moved By:  Councillor Haywood

That Council approve the Consent Agenda, save and except those items brought forward for discussion. FORTHWITH

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

Nays:

Carried

Prior to discussion of Item 3.1, Council considered Sub-item 1, Sub-item 2 and Sub-item 16 of the Council Correspondence Report, Item 4.16 (see Minutes Item 3.7)

Follow this link to view General Committee Agenda reports of August 22, 2016

Note: The order of discussion of the items was not the same order as listed in the agenda

Moved By:  Councillor Siscoe

That Council declare surplus the laneway between 57 Carlisle Street and 71 Carlisle Street being part of lots 433 and 437 Corporation Plan 2 being approximately 13 feet by 182.3 feet, as shown in Appendix 1 and disposed of according to procedures outlined in Property By-law 2007-309 subject to completion of a reference plan to describe the property; and

That Sections 4.6, and 4.7 of Property By-law 2007-309, relating to notification of Niagara Region and School Boards, placing of a ‘For Sale’ sign and listing of the property on the local Real Estate Board, be waived. FORTHWITH

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

Nays:

Carried

General Committee recessed at 7:59 p.m. and City Council reconvened for the decision on the Public Meeting for 57 Carlisle Street, Council Agenda Item 2.2. City Council recessed at 8:03 p.m. and General Committee reconvened.

Preceding discussion of the report, Dan Perlstein, P. Eng., B. Perlstein Computer Services, and Dave Wood, Director of Fire and Emergency Management Services/Fire Chief, presented an overview of the report, including the benefits of the merger.

Moved By:  Councillor Phillips

That Council approve the relocation of St. Catharines Fire and Emergency Services temporary back up dispatch operations to the Niagara Regional Police Service Headquarters located at 5700 Valley Way in Niagara Falls and that staff report back to Council regarding this process; and

That Council approve integrating the St. Catharines Fire and Emergency Management Services two way radio system with the Niagara Regional Police Service radio system, and in conjunction with the approval of Option 4 of the Cost Comparison Options Table 1 – SCFEMS Only (Appendix 1), the cost is not to exceed $1,500,000 plus applicable taxes as is included in the 2016 Capital Budget; and

That Council approve continuing negotiations between the St. Catharines Fire and Emergency Management Services with the current Niagara Region partner Fire Departments to integrate with the Niagara Regional Police Service radio system as indicated in Option 4 of the Cost Comparison Options Table 2 - All Partners (excluding SCFEMS) (Appendix 1) at a total cost not to exceed $5,500,000 plus applicable taxes; and

That Council provide early budget approval of $4,100,000 plus applicable taxes for the 2018 capital budget to fund the partner capital costs, with the remaining $1,400,000 plus applicable taxes be funded from the 2016 Capital Budget for projected costs of the $5,500,000 partners’ portion as indicated in Recommendation 3; and

Further, that the City Solicitor be directed to prepare the necessary by-law and agreements. FORTHWITH

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

Nays:

Carried

Moved By:  Councillor Siscoe

That Council approve the 2016 Capital Budget and Four Year Forecast as detailed in Appendix 1; and

That Council approve the Infrastructure Levy policy as recommended by the Budget Standing Committee as attached in Appendix 2; and

That Council receive for information purposes the site condition of recreation facilities in various parks as attached in Appendix 3; and

That staff be directed to prepare a report and bring it to the Budget Standing Committee for the 2017 budget cycle to see what a five year plan to address the $5 million deficit would look like with regard to the condition of the city’s parks. FORTHWITH

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

Nays:

Carried

Appointment of the two Councillors to this task force required a vote by ballot. Council went on to discuss Item 3.6 while awaiting the results.

Moved By:  Councillor Garcia

That Council appoint Councillors Phillips and Stevens to the Outdoor Aquatic Facilities Task Force; and

That Council approve the Outdoor Aquatic Facilities Task Force Terms of Reference (Appendix 1). FORTHWITH

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

Nays:

Carried

Council now discussed Item 3.5

Moved By:  Councillor Williamson

That Council receive this report; and

That the City of St Catharines retain ownership and operation of the Morningstar Mill in cooperation with the volunteers who are Friends of the Morningstar Mill; and

That staff be directed to ask the Niagara Peninsula Conservation Authority to consider a marketing program for the facility for the City; and

That staff be directed to evaluate the alternative of the City retaining the facility by developing a plan that will minimize required capital costs and work with volunteers to maximize the revenue potential. FORTHWITH

...

Moved By:  Councillor Siscoe, Amendment

That Council direct staff to go back and negotiate with the Niagara Peninsula Conservation Authority with clear guidelines on a shorter transition period and a significantly reduced capital expenditure from the City of St. Catharines and come back to Council in three months for further discussion.

Yeas:Councillors Siscoe, Sorrento, Britton, Kushner, and Mayor Sendzik

Nays:Councillors Stevens, Williamson, Elliott, Garcia, Haywood and Phillips

Amendment Lost

Council now voted on the original motion.

Yeas:Councillors Williamson, Britton, Elliott, Garcia, Haywood, Kushner, Phillips, Siscoe, Sorrento, and Stevens

Nays:Mayor Sendzik

Carried

Council now discussed Item 3.7

Moved By:  Councillor Britton

That Council declare the vacant parcel of land known municipally as 373 Glendale Avenue and described as Part of Lot 404, Corporation Plan 6, shown as Parts 4, 5 and 6 on Reference Plan 30R-3550 save and except Part 3 shown on Reference Plan 30R-11604 in the City of St. Catharines as surplus and disposed of according to procedures outlined in Property By-law 2007-309; and

That Sections 4.6 and 4.7 of Property By-law 2007-309 relating to notification of School Boards, and placing of a ‘For Sale’ sign and listing the property on the local Real Estate Board, be waived. FORTHWITH

Yeas:Councillors Williamson, Britton, Garcia, Haywood, Kushner, Phillips, Siscoe, Sorrento, and Mayor Sendzik

Nays:Councillor Stevens

Carried

Following Item 2.1, Council discussed the sub-items from the Council Correspondence report

Sub-item 1

Grants to Offset Fees for Use of Municipal Facilities and Services

Friends of Walker's Creek - An Evening of Stargazing

Moved By:  Councillor Phillips

That Council waive all the fees associated with the Friends of Walker's Creek's "An Evening of Stargazing" at Cindy Drive Park on September 10, 2016. FORTHWITH

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

Nays:

Carried

Sub-item 2 and Related Sub-item 16

Grants to Offset Fees for Use of Municipal Facilities or Services

Sub-item 2: Canadian Polish Society - First Annual Facer European Festival

Sub-item 16: Facer European Festival - Letter of Support for Canadian Polish Society's Request

Moved By:  Councillor Britton

That Council waive the fees associated with the Canadian Polish Society’s First Annual Facer European Festival (approximately $3,400); and

That staff be directed to develop a policy regarding waiving of fees for events and submit it to the Budget Standing Committee for consideration prior to 2017. FORTHWITH

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

Nays:

Carried

Follow this link to view General Committee Agenda reports of August 22, 2016

Note: The order of discussion of the items was not the same order as listed in the agenda

That Council approve an amendment to the City of St. Catharines Zoning By-law 2013-283 for the lands described as Part of Lot 19, Concession 2, former geographic Township of Grantham, now in the City of St. Catharines, municipally known as 212 Lakeport Road, as follows:

a) That Section 15.1, Schedule A, Zone Maps, be amended by changing the zoning of the subject lands from High Density Residential - Holding (R4-H1-131) to High Density Residential (R4-131), as outlined in Appendix 2; and

That the City Solicitor be directed to prepare the necessary by-law to give effect to Council’s decision; and

That the Clerk be directed to make the necessary notifications. FORTHWITH

Approved on Consent

That Council approve the Minutes of Settlement and instruct staff to execute the Minutes of Settlement between the applicant, appellant and the City of St. Catharines. FORTHWITH

Approved on Consent

That Council approve the recommendations for investment through the St. Catharines Cultural Investment Program; and

That the Arts & Culture Advisory Committee be directed to report back on the impact of the revised St. Catharines Cultural Investment Policy; and

That staff be directed to make the necessary notifications. FORTHWITH

Approved on Consent

That Council direct staff to submit the following applications, as described within the report, for funding review:

•         The HVAC replacement at the St. Catharines Museum and Welland Canals Centre to the Ontario150 Community Capital Program;

•         The One-Five-Oh! Celebrating our City project to the Ontario150 Community Celebration Program;

•         The Celebration of Nations project to the Ontario150 Community Celebration Program; and

That Council provide early approval in the amount of $400,000 from the 2017 Capital Budget as the required contribution of funds towards the HVAC replacement at the St. Catharines Museum and Welland Canals Centre; and

That Council refer this report to the Budget Standing Committee for consideration during the 2017 budget review. FORTHWITH

Approved on Consent

That Council receive the Annual Report on the Meridian Centre Suite Community Use Program for information purposes. FORTHWITH

Approved on Consent

That Council authorize the proposed façade improvements shown to encroach onto St. Paul Street on the attached drawings prepared by ACK architects; and

That Council direct Staff to prepare an encroachment agreement together with a maintenance clause to allow the façade improvements to encroach onto St. Paul Street; and

That the applicant obtain the necessary permits prior to construction and be compliant with the recommendations contained within the Council approved Urban Design Guidelines; and

That the applicant provide a survey prepared by an Ontario Land Surveyor showing the extent of the encroachments prior to the registration of the agreement; and

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

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

Approved on Consent

That Council approve the prohibition of parking on the east side of Harcove Street from Scott Street to Millward Avenue; and

That the City Solicitor be directed to prepare the necessary by-law. FORTHWITH

Approved on Consent

That Council approve the installation of an all-way stop at the intersection of Lakeside Drive and Bromley Drive; and

That the City Solicitor be directed to prepare the necessary by-law. FORTHWITH

Approved on Consent

That Council approve the prohibition of parking on the north side of Sandown Street from Carlton Street to Rolls Avenue; and

That the City Solicitor be directed to prepare the necessary by-law. FORTHWITH

Approved on Consent

That Council direct staff to convert the intersection approaches outlined in Table 1 from general right-of-way control to stop control; and

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

Approved on Consent

That Council receive the report for information purposes and no further action be taken. FORTHWITH

Approved on Consent

That Council approve the procedures for Business Improvement Area boards of management, attached as Appendix 1; and

That the existing by-laws to establish the St. Catharines Downtown Business Association (Business Improvement Area) board of management and the Port Dalhousie Business Association (Business Improvement Area) board of management be repealed and replaced with the new by-laws, attached as Appendices 2 and 3, to reflect the adoption of a separate procedure by-law for BIA’s and to make other housekeeping changes; and

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

Approved on Consent

That Council receive Report Number LCS-222-2016, First Year Review – Newly Formed Citizen Advisory Committees structure, for information purposes. FORTHWITH

Approved on Consent

That Council receive and file the items listed within the report, save and except Sub-items 1, 2 and 16; and

That Council endorse the resolution from the Niagara Region regarding an appointment of a Niagara resident to the Senate of Canada and direct the Mayor to sign the letter in support of the appointment (Sub-item 3); and

That Council endorse the resolution from the Great Lakes and St. Lawrence Cities Initiatives regarding opposition to the approval of the Waukesha Water Diversion application (Sub-item 4); and

Further, that Council receive and file additional correspondence distributed for the meeting held August 22, 2016, which is available upon request, and includes (1) a memorandum from the Director of Planning and Building Services regarding additional comments received for the public meeting for 55 Lakeshore Road, and (2) a memorandum from Mayor Sendzik summarizing the Great Lakes and St. Lawrence Cities Initiative's Annual Conference and the resolution regarding the Waukesha Water Diversion Application (Sub-item 4). FORTHWITH

Approved on Consent

Directions have been noted and will be provided to the appropriate members of staff.

Moved By:  Councillor Williamson

That staff be directed to prepare a report in regard to moving to a separate charge for storm water which will correspond to the volume of water used by a resident or a business, and the need for drainage related services driven by the volume of storm water generated from a property.

Carried

Councillor Siscoe provided notice that he would request the following report at the meeting of September 12, 2016:

That staff be directed to report back within three months on changes to the Animal Control by-law that include prohibitions of chaining dogs outside in extreme weather conditions (i.e. very hot / very cold).

Councillor Stevens provided notice that she would request the following report at the meeting of September 12, 2016:

That staff be directed to prepare a report on how the excess water from fire hydrants can be captured and be reused for other City initiatives or projects.

Councillor Haywood provided notice that he would request the following report at the meeting of September 12, 2016:

That staff be directed to report on reforming the City’s parks grass cutting contract to include more sustainable practices, both environmentally and economically, within the contract.

Councillor Haywood provided notice that he would request the following report at the meeting of September 12, 2016:

That staff be directed to prepare a report on how the issue of golf balls hitting residential houses bordering the Garden City Golf Course can be adequately addressed, including information as to why large trees bordering some properties within the golf course have been taken down within the last two months.

Councillor Stevens requested an update related to a matter respecting an email she received from a resident regarding a vacancy on the Recreation Master Plan Advisory Committee. The City Clerk provided an update.

Council will meet In-Camera for the following purposes:

•         a proposed or pending acquisition or disposition of land by the municipality or local board, Realty File No. 06-06, Realty File No. 05-36 and Realty File No. 13-16

•         labour relations or employee negotiations

•         personal matters about an identifiable individual, including municipal or local board employees

•         advice that is subject to solicitor-client privilege, including communications necessary for that purpose regarding a naming rights agreement (additional item approved during the adoption of the agendas, Council Item 4)

Moved By:  Councillor Haywood

That this meeting of the General Committee recess and reconvene In-Camera.

Carried

General Committee recessed to the In-Camera session at 9:41 p.m.

Councillor Haywood left the meeting.

Council passed a motion during the In-Camera session to extend the curfew.

There being no further items of business, General Committee adjourned at 10:55 p.m. and City Council reconvened.

Certified Correct:Confirmed by:

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Council CoordinatorMayor