The Corporation of the City of St. Catharines

GENERAL COMMITTEE MINUTES

Monday, November 21, 2016

Item 4.3 - License and Operating Agreement with District School Board of Niagara for Kernahan Park and Jeanne Sauvé Public School (Councillor Stevens)

Moved By:  Councillor Stevens

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

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

Nays:

Carried

Follow this link to view General Committee Agenda reports of November 21, 2016

Moved By:  Councillor Harris

That Council receive the report regarding the Niagara Sport Commission submission of a bid to host the 2018 FIBA Americas U18 Men’s Championship for information purposes; and

That Council approve the request by the NSC to waive the fees associated with the 2018 FIBA Americas U18 Men’s Championship; and

That staff be directed to consult with the St. Catharines Downtown Association regarding any street closures; and

That any other fee waiver requests, outside of what is contained in the report, come back to Council for their consideration; and

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

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

Nays:

Carried

Moved By:  Councillor Sorrento

That approval of the draft plan of subdivision, as illustrated in Appendix 1, originally granted by Council on April 18, 2011, for the lands described as Part of Lot 3, Registered Plan No. T.P. 112, municipally known as 39 Bromley Drive and shown on the location map attached as Appendix 2, be extended for two years, to lapse November 22, 2018; and

That the conditions of draft plan approval, as outlined in Appendix 3 and originally approved by Council on April 18, 2011, be revised as follows and as identified in bold in Appendix 4:

i)              That Condition 5 be replaced with Conditions 5a and 5b to reflect the current requirements for servicing allocation by the Region of Niagara;

ii)            That Conditions 6, 7, 8, and 16 related to servicing design be deleted;

iii)          That new Conditions 6a, 6b, 6c, 6d, and 6e be added to reflect current City standards for the design and construction of water, sanitary, storm sewer services, and street lighting;

iv)          That new Condition 7 be added requiring the owner to submit a geotechnical investigation – a standard requirement for new plans of subdivision;

v)            That new Condition 8 be added restricting construction vehicle access via Northrup Crescent;

vi)          That Condition 10 be renumbered as Condition 10a;

vii)        That new Condition 10b be added requiring the owner to upgrade to an urban cross-section a portion of Bromley Drive;

viii)      That new Condition 10c be added to reflect current City standards for the design and construction of new streets;

ix)          That Condition 11 be renumbered as Condition 11a and be revised to require an Environmental Site Assessment for Block 31 prior to its dedication to the City for parkland;

x)            That Condition 20 regarding the dedication of a 0.3 metre reserve to the City be renumbered as Condition 11b;

xi)          That new Condition 16 be added to reflect current City practices with respect to boulevard tree planting;

xii)        That Condition 17 be revised to also require the construction of sidewalks along that portion of Bromley Drive to be upgraded;

xiii)      That Condition 18 be revised to also require fencing along the northerly boundary of Block 31;

xiv)      That Condition 19 be revised to limit urban design requirements to Lots 1 and 30 only;

xv)        That new Condition 20 be added to reflect standard City requirements for lot grading;

xvi)      That Condition 23 be revised to reflect Enbridge Gas Distribution’s current standard requirements for natural gas servicing;

xvii)    That Condition 28 be revised to reflect current City standards for the design and construction of stormwater management facilities;

xviii)  That Condition 32 be revised to provide for the lapsing of draft plan approval on November 22, 2018; and

That, pursuant to Section 51(47) of the Planning Act, further public notice is not required as the revisions to the conditions of draft plan approval are minor; and

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

Yeas:Councillors Bellows, Britton, Elliott, Garcia, Haywood, Kushner, Sorrento, Williamson, and Mayor Sendzik

Nays:Councillors Phillips and Stevens

Carried

Councillor Harris left the room and was not present for the vote.

General Committee recessed at 9:09 p.m. and City Council reconvened. City Council recessed and General Committee reconvened at 9:48 p.m., starting with Item 1.

Moved By:  Councillor Britton

That Council grant early budget approval in the amount of $90,632 for the Niagara District Airport hydro pole deficiency project funded from the 2017 Capital budget; and

That Council direct the City Solicitor to prepare the necessary agreements and by-laws. FORTHWITH

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

Nays:

Carried

The following declared Conflicts of Interest (pecuniary) to this item for the reasons stated and left the room for consideration of the matter:

•         Councillor Haywood - his wife's employer, the Niagara Catholic District School Board

•         Councillor Williamson - his employer, the District School Board of Niagara

•         Mayor Sendzik - his spouse's employer, the District School Board of Niagara

Mayor Sendzik left the chair and Deputy Mayor Phillips assumed the chair for consideration of this matter.

Moved By:  Councillor Stevens

That Council authorize a License & Operating Agreement with the District School Board of Niagara (DSBN) for the joint use of portions of Kernahan Park and Jeanne Sauvé Public School to permit the construction of an outdoor play structure and the use of the soccer field at the park by the DSBN, in exchange for the exclusive use of space within the school for City or community use; and

That Council authorize a Sub-License agreement with the Friends of the Carousel not for profit corporation to permit them to use the space within Jeanne Sauvé Public School that is licensed to the City by the DSBN; and

That the license and operating agreement with the DSBN include recovery of costs in a manner that is fair and equitable to the City for the upkeep and maintenance associated with the DSBN usage of the soccer field; and

That the City Solicitor be directed to prepare the necessary agreements and by-laws, subject to the negotiation of terms and conditions satisfactory to the City Solicitor and the Acting Director of Parks, Recreation and Culture Services. FORTHWITH

Yeas:Councillors Stevens, Bellows, Britton, Elliott, Garcia, Harris, Kushner, Phillips, and Sorrento

Nays:

Carried

Mayor Sendzik resumed the chair.

Follow this link to view General Committee Agenda reports of November 21, 2016

That Council receive this report for information purposes. FORTHWITH

Approved on Consent

That Council approve the prohibition of parking on the south side of Stepney Street from Bromley Drive to Newport Street; and

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

Approved on Consent

That Council approve three (3) hours free afternoon parking at all City meters and hourly machined lots starting at noon from Monday, December 12, 2016, to Friday, December 30, 2016. FORTHWITH

Approved on Consent

That Council authorize the 2017 Interim and Final property tax due dates established as follows:

Interim

1st InstalmentFebruary 28, 2017

2nd InstalmentApril 28, 2017

Final

1st InstalmentJune 30, 2017

2nd InstalmentSept 29, 2017; and

That the final tax due dates are the same for all tax classes unless the Capping / Claw back percentages have not been received from OPTA in time to include the Capped classes Commercial, Industrial, and Multi- Residential), in which case, the first instalment of the Capped billing would be last business day of July; and

That the 2017 interim tax levy be established as detailed below; and

Further, that the City Solicitor be authorized to prepare the necessary by-law. FORTHWITH

Approved on Consent

That Council receive and file the items listed within the report; and

That Council receive and file additional correspondence distributed for the meeting held November 21, 2016, which is available upon request, and includes:

(1)      a letter from Elizabeth Finnie, Secretary for The Historical Society of St. Catharines, regarding heritage designation of Rodman Hall;

(2)      a letter from Minister Bill Mauro, Ministry of Municipal Affairs, regarding Bill 68 - the proposed Modernizing Ontario’s Municipal Legislation Act, 2016;

(3)      a letter from Len O’Connor, Airport Manager, Niagara District Airport Commission regarding the Electrical Safety Authority's Notice of Deficiency respecting the hydro poles;

(4)      a memorandum from Planning and Building Services regarding 37 Warkdale Avenue - additional comments received; and

(5)      a memorandum from Planning and Building Services regarding 368 Martindale Road - additional comments received. FORTHWITH

Approved on Consent

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

During Adoption of the Agendas, this item was deferred and will come back at a later date with a staff report.

Council met In-Camera for the following purposes:

•         a proposed or pending acquisition or disposition of land by the municipality or local board, Realty File No. 10-33 and Realty File No. 16-038

•         a verbal report regarding a proposed or pending acquisition or disposition of land by the municipality or local board; and

•         a verbal report regarding a personal matter about an identifiable individual, including municipal or local board employees

The Mayor called for a motion to recess General Committee and reconvene In-Camera.

Carried

General Committee recessed to the In-Camera session at 10:08 p.m.
A motion to extend the curfew was passed at 10:30 p.m. during the In-Camera session.

There being no further items of business, General Committee adjourned at 11:06 p.m. and City Council reconvened.

Certified Correct:Confirmed by:

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Council CoordinatorMayor