The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, September 12, 2016
Present: | Mayor Walter Sendzik Councillors Sandie Bellows, Mike Britton, Mark Elliott, N. Carlos Garcia, Matt Harris (left at 9:12 p.m.), David A. Haywood, Joseph Kushner, Bill Phillips, Mathew Siscoe (arrived at 6:31 p.m.), Sal Sorrento (left at 9:20 p.m.), Jennifer Stevens, and Bruce Williamson |
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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 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 Rebecca Alfieri, Council and Committee Coordinator |
Mayor Sendzik took the chair and called the meeting to order in Council Chambers at 6:28 p.m. |
1. | Presentations |
There were none this evening.
2. | Public Meetings Pursuant to Planning Act |
There were none this evening.
3. | Mayor's Report |
The Mayor presented a verbal report on matters of community interest.
4. | Adoption of the Agendas |
• The City Clerk advised of a revision to the Recommendation in General Agenda, Item 4.4, Report from Parks, Recreation and Community Services, regarding Phase 2 Approval for Welland Canals Fallen Workers Memorial
• Council Agenda Item 9.2, Motion regarding 101 South Drive, was removed from the agenda at the request of the mover
• Council Agenda Item 9.4, Motion regarding Event of Municipal Significance - 2016 Oktoberfest, was removed from the agenda at the request of the event organizer
Seconded By: Councillor Phillips
That Council adopt the agendas for the meeting of September 12, 2016, as amended.
Carried
5. | Declarations of Interest |
• Councillor Kushner declared a Conflict of Interest (Pecuniary) to General Committee Agenda, Item 4.10, stating he has a related business.
6. | Adoption of the Minutes (Council and General Committee) |
6.1. |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the Regular meeting of Council held on Monday, August 22, 2016.
Carried
6.2. |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the General Committee meeting held on Monday, August 22, 2016.
Carried
7. | Delegations |
7.1. | Len Bates, Chair of Port Canal Project, Dennis Dahl, President, and Dave Fowler, Kiwanis Club of St. Catharines Re: Kiwanis Club of St. Catharines / Port Dalhousie Beautification and Works Committee Proposal: Lock 1 of Second Welland Canal (see General Committee Agenda, September 12, 2016, Item 3.2) |
Len Bates, Chair of Port Canal Project, Dennis Dahl, President, and Dave Fowler, Kiwanis Club of St. Catharines addressed Council, including a video and slide presentation, as it relates to the proposed project between the Kiwanis Club of St. Catharines and the Port Dalhousie Beautification and Works Committee. Messrs. Bates, Dahl and Fowler were available to respond to questions from Council.
Seconded By: Councillor Garcia
That Council receive and refer the presentation by Len Bates, Dennis Dahl, and Dave Fowler regarding Kiwanis Club of St. Catharines / Port Dalhousie Beautification and Works Committee Proposal: Lock 1 of Second Welland Canal for consideration later this evening (see General Committee Agenda, September 12, 2016, Item 3.2).
Motion to Refer Carried
7.2. | Eric Jones Re: Property Severances (see Council Agenda, September 12, 2016, Item 9.3) |
Eric Jones, addressed Council, regarding Council Agenda, Item 9.3, motion on Property Severances. Mr. Jones explained his, and local resident's concerns about the severance process, and how the Committee of Adjustment communicates information on the Notice of Meeting signs in the City, and asked Council to consider supporting the motion that will be considered this evening. Mr. Jones, answered questions from Council.
Seconded By: Councillor Kushner
That Council receive and refer the presentation by Eric Jones, regarding Property Severances for consideration later this evening (see Council Agenda, September 12, 2016, Item 9.3).
Motion to Refer Carried
8. | Call for Notices of Motion |
There were none this evening.
9. | Motions |
9.1. | Request Niagara Region Support Tax Rebate Program for Ethno-Cultural Charitable Organizations Councillor Britton provided notice of the following motion at the meeting of August 22, 2016 |
Seconded By: Councillor Siscoe
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. FORTHWITH
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Councillor Siscoe requested a recorded vote be taken for the referral.
Moved By: Councillor Phillips
That Council refer the motion regarding the Request that the Niagara Region Support the Tax Rebate Program for Ethno-Cultural Charitable Organizations back to staff for a report, to include the cost incurred by the average tax payer for this motion to take effect, and what other community groups may be considered as part of this motion; and
That this report be forwarded to the Budget Standing Committee for their consideration. FORTHWITH
Yeas: Councillors Elliott, Garcia, Harris, Haywood, Kushner, Phillips, and Williamson
Nays: Councillors Bellows, Britton, Siscoe, Sorrento, Stevens, and Mayor Sendzik
Motion to Refer Carried
9.2. | 101 South Drive - Feasibility to Purchase This motion was removed from the agenda during Adoption of the Agendas, Item 4, at the request of the mover. |
9.3. | Property Severances Councillor Kushner provided notice of the following motion at the meeting of August 22, 2016
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Seconded By: Councillor Harris
Whereas intensification is a desirable principle which reduces urban sprawl and 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 whereby 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 material
• similar design criteria which contribute to infill development that is sensitive to the established neighbourhood; and
• compatibility with neighbouring properties
Be It Further Resolved that staff examine the merits of establishing a design review committee consisting of staff and knowledgeable volunteers to provide input into the review of development applications using Council approved planning policy and design guidelines as the basis for review, and
Be It Further 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; and
Be It Further Resolved that staff be directed to report back to Council regarding the items in this motion, and the possibility of immediately applying the urban design policies that are already in place for developments of over four (4) units to properties less than four (4) units including single lot severances to ensure compatibility with the neighbourhood. FORTHWITH
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That Council refer the motion regarding Property Severances to Planning and Building Services, and Legal Services, regarding possible Ontario Municipal Board (OMB) litigation, and how this fits within the Provinces policy, Places to Grow. FORTHWITH
Yeas: Councillors Siscoe, and Mayor Sendzik
Nays: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Sorrento, Stevens, and Williamson
Motion to Refer Lost
Council now voted on the original motion.
Whereas intensification is a desirable principle which reduces urban sprawl and 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 whereby 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 material
• similar design criteria which contribute to infill development that is sensitive to the established neighbourhood; and
• compatibility with neighbouring properties
Be It Further Resolved that staff examine the merits of establishing a design review committee consisting of staff and knowledgeable volunteers to provide input into the review of development applications using Council approved planning policy and design guidelines as the basis for review, and
Be It Further 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; and
Be It Further Resolved that staff be directed to report back to Council regarding the items in this motion, and the possibility of immediately applying the urban design policies that are already in place for developments of over four (4) units to properties less than four (4) units including single lot severances to ensure compatibility with the neighbourhood. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays: Councillor Siscoe
Carried
9.4. | Event of Municipal Significance - 2016 Oktoberfest This motion was removed from the agenda during Adoption of the Agendas, Item 4, at the request of the event organizer. |
9.5. | “By the Glass” Liquor Sales Licence – Lock Street Brewing Corporation Councillor Garcia presented the following motion |
Councillors Haywood, and Kushner left Council Chambers and were not present for this vote
Moved By: Councillor Garcia
Seconded By: Councillor Harris
Whereas the AGCO requires written notice from the Council of the municipality within which an applicant’s manufacturing site is located, confirming that it has passed a resolution in support of the issuance of such a licence;
Whereas this licence would be to allow for a Manufacturer’s Limited Liquor Sales Licence “By the Glass” establishment, which allows for 12oz. serving sizes of the manufactured product; and
Therefore be it resolved that the City of St.Catharines supports the application of Lock Street Brewing Corporation, located at 15 Lock Street, Suite 104, St. Catharines to sell and serve beer for consumption at its manufacturing site. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
9.6. | Niagara Tourism Information Centre Councillor Bellows presented the following motion |
Seconded By: Councillor Williamson
Whereas Niagara Region Policy Plan, Chapter 2, Growing the Economy states the Region has a role in Tourism;
Whereas Section 2.a Tourism of the Niagara Region Policy Plan supports the Wine Route, Twenty Valley and the Great Niagara Circle Route, the Great Lakes Water Front Trail, the Trans Canada Trail; and
Whereas the Niagara Region Council passed the following motion:
That staff be authorized to terminate lease arrangements with Timwen Partnership at the Grimsby Gateway Centre to close at the end of the third quarter, subject to a staff report to Council outlining a review; and
That the review consider feedback from the Tourism Summit; and
That the Report outline a new operation plan seeking financial support from the Ontario Ministry of Tourism and the Tourism Partnership of Niagara; and
That a new Lease Agreement be negotiated with the landlord; and
That staff be directed to develop a new operation plan for the Grimsby Gateway Centre.
Now therefore be it resolved that the Council of the City of St. Catharines;
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
9.7. | Royal Canadian Legion Branch 24 Cenotaph Relocation Councillor Siscoe presented the following motion |
Seconded By: Councillor Phillips
Whereas the Royal Canadian Legion Branch 24 has recently moved to a new location from 111 Church Street;
Whereas the former Legion property at 111 Church Street has been purchased and is planned for redevelopment;
Whereas the cenotaph located in front of 111 Church Street was dedicated to the sacrifice of the Adie family of St. Catharines who lost three brothers fighting for Canada in the First World War, and is an important symbol of our community’s sacrifice for our country;
Therefore Be it Resolved that City Council direct staff to work with the property owners of 111 Church Street, and the Royal Canadian Legion Branch 24 to relocate the cenotaph to City Hall in time for Remembrance Day services, 2016. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
10. | Resolve into General Committee |
Council recessed at 8:10 p.m. and General Committee convened. General Committee adjourned at 10:01 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 Siscoe left the meeting during the In-Camera Session.
11.1. | In-Camera Agenda Item 2.1 Financial Management Services, Property Management Property Matter – Lease, Realty File No. 86-49 |
Seconded By: Councillor Stevens
That Council does now reconvene from the In-Camera session; and
That Council authorize an extension of Lease with Peter Sutherland Sharpe and Erin Kathleen Sharpe, with respect to vacant land abutting 24 Colton Avenue; and
That the City Solicitor be directed to prepare the necessary documents and by-law. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Haywood, Kushner, Phillips, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
11.2. | In-Camera Agenda Item 2.2 Financial Management Services, Property Management Property Matter – Lease, Realty File No. 11-53 |
Seconded By: Councillor Stevens
That Council authorize a Lease Amending Agreement with Brian Jack Troup, with respect to lands forming part of McKay Street ancillary to 95 Hillview Road; and
That the City Solicitor be directed to prepare the necessary documents and by-law. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Haywood, Kushner, Phillips, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
11.3. | In-Camera Agenda Item 2.3 Financial Management Services, Property Management Property Matter – Disposal, Realty File No. 16-13 |
Seconded By: Councillor Stevens
That Council authorize a conveyance of certain lands to The Regional Municipality of Niagara, with respect to 149 Martindale Road; and
That the City Solicitor be directed to prepare the necessary documents and by-law. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Haywood, Kushner, Phillips, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
11.4. | In-Camera Agenda Item 2.4 Financial Management Services, Property Management Property Matter – Lease, Realty File No. 86-128 |
Seconded By: Councillor Stevens
That Council authorize a Lease Amending Agreement with 1837228 Ontario Limited, with respect to lands abutting 370 Ontario Street; and
That the City Solicitor be directed to prepare the necessary documents and by-law. FORTHWITH
Yeas: Councillor Bellows, Britton, Elliott, Garcia, Haywood, Kushner, Phillips, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
12. | Motion to Ratify Forthwith Recommendations |
Seconded By: Councillor Siscoe
That Council adopt those items approved FORTHWITH by the General Committee on Monday, September 12, 2016.
Carried
13. | By-laws |
13.1. | Reading of the By-laws |
Seconded By: Councillor Elliott
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. 2016-223 A By-law to amend By-law No. 2014-253 entitled “A By-law to appoint Deputy Clerks for the purpose of the Commissioners for Taking Affidavits Act and to repeal By-law No. 2014-53.” (One reading – with respect to change in personnel. Delegation By-law No. 2004-277, as amended.) File: 10.2.10
By-law No. 2016-224 A By-law to remove certain lands from part lot control. (One reading – with respect to 27, 29, 31 and 33 Francesco Crescent. Delegation By-law No. 2004-277, as amended.) File: 60.48.321
By-law No. 2016-225 A By-law to authorize the acceptance of a conveyance of certain lands from The Regional Municipality of Niagara. (One reading – with respect to lands abutting Morningstar Mill property at 2704 Decew Road. Delegation By-law No. 2004-277, as amended.) File: 68.31.181
By-law No. 2016-226 A By-law to authorize an Authorized Requester Agreement with Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation. (One reading - with respect to accessing the MTO’s computer databases pertaining to driver, vehicle and commercial motor vehicle records. Delegation By-law No. 2004-277, as amended.) File: 68.41.99
By-law No. 2016-227 A By-law to amend By-law No. 2004-277 entitled “A By-law to authorize delegation of certain matters to staff.” (One reading – with respect to Waterfront Investment Program. General Committee, September 12, 2016, Item 4.2.) File: 35.23.8
By-law No. 2016-228 A By-law to authorize a Contract for engineering consulting services with Hatch Ltd. (One reading – with respect to Pollution Prevention and Control Plan Update Study No. ST015-018. General Committee, September 12, 2016, Item 4.6.) File: 68.81.99
By-law No. 2016-229 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 parking prohibitions on Linfield Drive. General Committee, September 12, 2016, Item 4.7.) File: 77.34.99
By-law No. 2016-230 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 parking prohibitions on Lockview Crescent. General Committee, September 12, 2016, Item 4.5.) File: 77.34.99
By-law No. 2016-231 A By-law to close temporarily part of James Street. (One reading – with respect to Gord’s Place Inc. three-day community event on September 22 - September 25, 2016. General Committee, September 12, 2016, Item 4.10.) File: 77.44.99
By-law No. 2016-232 A By-law to authorize a Special Events Licence Agreement with Gord’s Place Inc. (One reading – with respect to a three-day community event on September 22 - September 25, 2016. General Committee, September 12, 2016, Item 4.10.) File: 56.14.2
By-law No. 2016-233 A By-law to authorize a contract for consulting engineering services with Upper Canada Planning & Engineering Ltd. (One reading – with respect to Project No. P16-103 - Glendale Avenue. General Committee, September 12, 2016, Item 4.8.) File: 18.45.254
By-law No. 2016-234 A By-law to amend By-law No. 2004-277 entitled “A By-law to authorize delegation of certain matters to staff.”(One reading – with respect to Welland Canal Fallen Workers Memorial and Park. General Committee, September 12, 2016, Item 4.4.) File: 35.65.92
By-law No. 2016-235 A By-law to authorize an agreement with Dereck Revington Studio Inc. (One reading – with respect to Phase 2 of the Welland Canal Fallen Workers Memorial and Park. General Committee, September 12, 2016, Item 4.4.) File: 35.65.92
By-law No. 2016-236 A By-law to confirm the proceedings of council at its meeting held on the 12th day of September, 2016. (One reading – with respect to confirming the proceedings of the meeting held on September 12, 2016.)
File:10.12.1
Carried
13.2. | Reading of Additional By-laws |
Seconded By: Councillor Elliott
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. 2016-237 A By-law to authorize an extension of Lease with Peter Sutherland Sharpe and Erin Kathleen Sharpe. (One reading - with respect to vacant land abutting 24 Colton Avenue. Council Agenda, September 12, 2016, Item 11.1.) File: 16.19.99
By-law No. 2016-238 A By-law to authorize a Lease Amending Agreement with 1837228 Ontario Limited. (One reading – with respect to lands abutting 370 Ontario Street. Council Agenda, September 12, 2016, Item 11.4.) File: 16.19.99
By-law No. 2016-239 A By-law to authorize a Lease Amending Agreement with Brian Jack Troup. (One reading - with respect to lands forming part of McKay Street ancillary to 95 Hillview Road. Council Agenda, September 12, 2016, Item 11.2.) File: 16.19.99
By-law No. 2016-240 A By-law to authorize a conveyance of certain lands to The Regional Municipality of Niagara. (One reading – with respect to 149 Martindale Road. Council Agenda, September 12, 2016, Item 11.3.) File: 16.7.99
Carried
14. | Agencies, Boards, Committee Reports |
14.1. | Minutes to Receive: • Clean City Advisory Committee, April 19, 2016, and May 17, 2016 • Recreation Master Plan Advisory Committee, June 14, 2016 • Heritage Advisory Committee, August 11, 2016 • Master Fire Planning Committee, August 18, 2016 • Welland Canal Fallen Workers Memorial Task Force, August 25, 2016 (draft) • Arts and Culture Advisory Committee, August 2, 2016
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Seconded By: Councillor Williamson
That Council receive and file the minutes of the Advisory Committees of Council, as presented.
Carried
15. | Adjournment |
Seconded By: Councillor Phillips
There being no further items of business, this meeting be adjourned at 10:06 p.m.
Carried
Certified Correct: Confirmed by:
City Clerk | Mayor |