The Corporation of the City of St. Catharines

REGULAR COUNCIL MINUTES

Monday, March 20, 2017

Mayor Sendzik presented a verbal report on matters of community interest.

•         The Mayor requested Item 6.1, Delegations - Chris Bittle, MP be moved prior to the Public Meetings; and

•         To reverse the order of discussion for General Agenda Items 3.1 and 3.2

•         Councillor Britton requested the addition of three delegations, to speak to Council Agenda, Item 9.1

Moved By:  Councillor Williamson

Seconded By:  Councillor Harris

That Council adopt the agendas for the meeting of March 20, 2017, as amended.

Carried

Moved By:  Councillor Harris

Seconded By:  Councillor Garcia

That Council adopt the minutes of the Regular meeting of Council held on Monday, February 27, 2017.

Carried

Moved By:  Councillor Harris

Seconded By:  Councillor Garcia

That Council adopt the minutes of the General Committee meeting held on Monday, February 27, 2017.

Carried

The following declared Conflicts of Interest (pecuniary) and stated their reasons:

•         Councillor Williamson, General Committee Item 4.10, Sub-Item 5, the matter relates to his employer, the District School Board of Niagara

•         Councillor Siscoe, General Committee Item 4.10, Sub-Item 5, the matter relates to his employer, the Niagara Catholic District School Board

•         Councillor Haywood, General Committee Item 4.10, Sub-Item 5, the matter relates to his wife's employer, the Niagara Catholic District School Board

•         Mayor Sendzik, General Committee Item 4.10, Sub-Item 5, the matter relates to his wife's employer, the District School Board of Niagara

Council now proceeded with Delegations, Item 6.1

Council held a public meeting respecting two applications to amend the zoning by-law and for draft plan of subdivision for 4 Berkley Drive. Aaron Butler, Planner I, Planning and Building Services, provided an overview of the proposals.

The Mayor asked if anyone in attendance wished to speak in opposition to the proposals.

The Mayor asked if anyone in attendance wished to speak in support of the proposals. No one came forward to speak.

The Mayor asked if the owner, or agent wished to speak. The Agent, William Heikoop, Ken Gonyou from Upper Canada Planning and Engineering Ltd., came forward and provided details of the proposal.

Mr. Heikoop, and Mr. Gonyou answered questions of Council.

The Mayor asked Jim Riddell, Director of Planning and Building Services if he had any summary comments. He provided the following comments:

•         all land owners who are backing onto the property have been contacted and understand the application

•         the driveway flares, and parking allowances are always checked prior to final plan registration

•         the applicant pays for the road construction, and the City assumes the public road

•         will look at putting an entrance in the fence if possible during the planning

The Director of Planning and Building Services and the Manager of Planning Services answered Council's questions.

City Council reconvened.

Moved By:  Councillor Sorrento

Seconded By:  Councillor Britton

That Council approve an amendment to Zoning By-law 2013-283 for the lands described as Plan 626 Part of Block D, municipally known as 4 Berkley Drive, as follows:

a)That Section 15.1, Schedule A (A10), Zoning Maps, be amended by changing the zoning of the subject lands from Low Density Residential – Suburban Neighbourhood (R1), to Low Density Residential – Traditional Neighbourhood (R2-139), as outlined in Appendix 1 of this report.

b)That Section 13.1, List of Special Provisions, be amended by adding a special provision, as follows:

That the Mayor and City Clerk be authorized to execute the necessary By-law to give effect to Council’s decision; 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 approval; and

Further, that the Clerk be directed to make all necessary notifications; and

That Council refer the report for Draft Plan of Subdivision to a meeting of Council on April 10, 2017, at least 14 days after the Public Meeting of March 20, 2017, pursuant to Section 51(20) of the Planning Act. FORTHWITH

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

Nays:
           Carried

Moved By:  Councillor Garcia

Seconded By:  Councillor Sorrento

That Council close the public meeting respecting the applications for Zoning By-law amendment and Draft Plan of Subdivision at 4 Berkley Drive.

Carried

The Mayor advised that the public meeting is closed. Persons wishing to receive formal notice of Council's decision arising from the public meeting should submit a written request to the Office of the City Clerk.

Council held a public meeting respecting an application to amend the zoning by-law 2013-283, at 115 Martindale Road, 117 Martindale Road, and 14 Grapeview Drive. Charlotte McEwan, Planner I, Planning and Building Services, provided an overview of the proposal.

The Mayor called upon those who had registered to speak in opposition to the proposal.

Elizabeth Thiessen came forward and provided the following comments and concerns:

•         speaking on behalf of herself, whose home abuts the subject property on the west side, and her neighbours who signed the petition found in additional correspondence for the meeting

•         amendment to zoning by-law will impact properties in the neighbourhood due to saturation of commercial businesses that exist in area at this time

•         garbage enclosure will cause rodents and odour in neighbourhood

•         increased vehicle activity, creating more noise and lights, and safety concerns for children who walk to school

•         suggested buffer size running down length of her property is not adequate to keep out lights, and noise from vehicle traffic

•         asking Council to deny the Amendment to the Zoning By-law

Ms. Thiessen stated that if the amendment is approved by Council, she requested the following certain conditions for the site plan:

•         that the C1 zone limits the building height be limited to two stories to a maximum of 7 metres

•         that motor vehicle gas stations and drive-thru be prohibited uses on the site

•         that the required minimum 3.0 metre landscape strip along the entire length of the westerly property line contain fast growing plant material that would provide a year-round vegetative screen and that a qualified landscape architect be required to design the landscape strip accordingly

•         that the garbage enclosure be considered for a different location on site to reduce any impact on abutting residential, including consideration of total enclosure within a building

•         that the 7 parking spaces that are proposed to be along the land of 16 Grapeview Drive be removed; and

•         that the site plan process be open to public input

The Mayor asked if anyone else in attendance wished to speak in opposition of the proposals.

Gisela Stoberman came forward and gave her support of Ms. Thiessen's concerns of the amendment to the zoning by-law, and requested Council deny the proposal.

The Mayor asked if anyone in attendance wished to speak in support of the proposals. No one came forward to speak.

The Mayor asked if the owner or agent wished to speak. The Agent, Chris Millar, InSite Land Use Planning came forward and provided the following comments:

•         held public meetings and spoke to concerns of neighbourhood

•         this plan totally complies with the C1 Zoning By-law

•         we are adding 7 residential units as well as commercial (mixed use)

Mr. Millar answered questions from Council.

The Mayor asked the Director of Planning and Building Services if he had any summary comments. Mr. Riddell provided the following comments and answered Council's questions:

•         noted concerns and opposition of residents

•         application is for C1, (mixed use commercial and residential)

•         noted all requests by Elizabeth Thiessen for the site plan

•         all four corners of Grapeview Drive and Martindale Road are all zoned Commercial - this request is a small expansion of the C1 node

•         applicant has agreed to some of the provisions requested by the neighbours - particularly site plan input

•         site plan will address lighting concerns

•         the 3 metre landscape strip is a zoning requirement and cannot be reduced, but would like input for landscape material from residents

•         noted request that building that fronts onto Grapeview Drive, to be all residential with no commercial in this section

City Council reconvened.

Moved By:  Councillor Kushner

Seconded By:  Councillor Siscoe

That Council defer the decision regarding the Proposed Amendment to Zoning By-law 2013-283, 115, 117 Martindale Road, and 14 Grapeview Drive, to the meeting of April 10, 2017, to allow for Planning and Building Services staff to meet with the developer and residents, in order to resolve the issues raised by residents, and to review the possibility of converting the building on Grapeview Drive to 4 residential units. FORTHWITH

Motion to Defer Carried

Moved By:  Councillor Siscoe

Seconded By:  Councillor Elliott

That Council close the public meeting respecting the application for proposed amendment to zoning by-law 2013-283, for 115 Martindale Road, 117 Martindale Road, and 14 Grapeview Drive.

Carried

The Mayor advised that the public meeting is closed. Persons wishing to receive formal notice of Council's decision following the April 10, 2017 meeting, should submit a written request to the Office of the City Clerk.

Chris Bittle, MP, addressed Council announcing Canada 150 Funding in the amount of $385,000 for the Centennial Gardens Revitalization Plan. MP Bittle acknowledge Karl Vanderkuip and his group for the creation of the Disc Golf Club, and thanked all those who have helped in the revitalization of Centennial Gardens Park. MP Bittle answered questions from Council.

Moved By:  Councillor Siscoe

Seconded By:  Councillor Elliott

That Council receive and refer the presentation by MP Chris Bittle, regarding Centennial Gardens Revitalization Plan Update, 2010 - 2017 to General Committee for consideration later this evening (see General Committee minutes, March 20, 2017, Item 3.2).

Motion to Refer Carried

Council now proceeded to Item 5.1 and the Mayor opened the public meeting

Mishka Balsom, and Hugo Chesshire, addressed Council regarding the Chamber's support for the resolution to save 1,400 Jobs at the Niagara Casino with regards to the changes to the OLG's modernization plan. Ms. Balsom, and Mr. Chesshire requested Council's support for the motion.

Moved By:  Councillor Britton

Seconded By:  Councillor Sorrento

That Council receive and refer the presentation by Mishka Balsom, and Hugo Chesshire regarding Support for 1,400 Jobs in Niagara to Council Agenda, Item 9.1, for consideration.

Motion to Refer Carried

Greg Brady, addressed Council regarding the dedication of UNIFOR Local 199 in saving the jobs that will be lost in Niagara, and gave support for the motion.

Moved By:  Councillor Britton

Seconded By:  Councillor Elliott

That Council receive and refer the presentation by Greg Brady, regarding Support for 1,400 Jobs in Niagara to Council Agenda, Item 9.1, for consideration.

Motion to Refer Carried

Mario DeDivitiis, and Adam Durrant addressed Council regarding the impact the OLG Modernization Plan will have on the Niagara Region residents who are employed at the Casino. Mr. DeDivitiis, and Mr. Durrant stated the scale of job losses that could emerge from the OLG modernization, as written, is comparable to one-quarter of a year’s job demand in St. Catharines, and requested Council's support for the motion.

Moved By:  Councillor Britton

Seconded By:  Councillor Sorrento

That Council receive and refer the presentation by Mario DeDivitiis, and Adam Durrant, regarding Support for 1,400 Jobs in Niagara to Council Agenda, Item 9.1, for consideration.

Motion to Refer Carried

There were none.

There were none.

Moved By:  Councillor Britton

Seconded By:  Councillor Haywood

WHEREAS Niagara's Casinos are the largest employer within the Niagara region employing over 4,000 people.

WHEREAS a third-party external report conducted by HLT Advisory indicates that OLG's modernization plans for the Niagara Casinos will result in a loss of 1,400 jobs for hard-working Niagara families.

WHEREAS Niagara's unemployment rate of 6.6% is already above the provincial average of 6.4%.

WHEREAS every other municipality in Ontario to go through the modernization process has been heavily involved in the process along with local stakeholders, but Niagara Falls and the Niagara Region was not.

WHEREAS Niagara Regional Chair Alan Caslin and Niagara Falls Mayor Jim Diodati have written an open letter to Ontario Finance Minister Charles Sousa outlining their concerns regarding the potential loss of jobs in Niagara and the lack of consultation with local stakeholders.

WHEREAS the UNIFOR Local 1999 President, the Niagara Workforce Planning Board, the Greater Niagara Chamber of Commerce, the Ontario Chamber of Commerce and many other local stakeholders have all indicated they share the concerns outlined in the Regional Chair and Niagara Falls Mayor's open letter.

WHEREAS many of these affected employees and their families live within the City of St. Catharines.

WHEREAS the St. Catharines economy is closely linked to the Niagara economy at large.

THEREFORE BE IT RESOLVED THAT the City of St Catharines request the province terminate the current RFPQ and RFP process and re-issue the RFPQ process - developed with local stakeholder input - with the inclusion of all four original core objectives: job creation, economic development for the Niagara region, and significant and lasting contribution to the economic benefits for tourism; and

THAT this motion be circulated to the Honourable Jim Bradley, MPP and all other MPPs for Niagara for their written endorsement; and

THAT Mr. Bradley be asked to advocate in defense of these 1,400 jobs in Niagara and that he also endorse the Regional Chair and the Mayor of Niagara Falls open letter advocating for a halt to the RFPQ/RFP process; and

THAT the City of St. Catharines receive a response on Mr. Bradley’s efforts.

THAT this resolution be circulated to the Regional Chair and the Mayor of the City of Niagara Falls; and

FURTHER, THAT this resolution be circulated to all Niagara municipalities requesting their support of jobs in our Niagara community by passage of a similar resolution. FORTHWITH

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

Nays:

Carried

Councillor Siscoe was not present for the discussion nor the vote

Moved By:  Councillor Garcia

Seconded By:  Councillor Harris

WHEREAS with an annual contribution of approximately $1.7 million, the residents of the City of St. Catharines are the largest Niagara Region contributors of public funds to the Niagara Peninsula Conservation Authority’s funding; and

WHEREAS at its January 18, 2017 meeting, the Board of the NPCA responded to requests by this Council, the majority of Niagara municipalities, the City of Hamilton and all Niagara MPPs, and voted unanimously to "immediately initiate an independent and thorough third party operational review and performance assessment of NPCA operations from 2011 through 2016"; and

WHEREAS the Province’s Auditor General, Ms. Bonnie Lysyk has recently offered to perform the independent, third party operational review/audit at her office’s expense but the NPCA has not accepted her offer; and

WHEREAS on March 8, 2017, the NPCA Board held a special meeting and approved a Request for Proposal (RFP) for the operational review/audit that the mover of their January 18 motion strongly argued "watered down" and did not "follow closely the intent" of his motion for an independent, third party approach;

THEREFORE, be it resolved, that Council urges the NPCA board to do everything required in order to ensure they accept the Auditor General's offer to perform an independent, third party operational review/audit, as approved by the board on January 18, 2017, at no direct cost to property taxpayers in St. Catharines and the other NPCA-funding municipalities; and

THEREFORE BE IT FURTHER RESOLVED, that the NPCA, all Niagara Municipalities and MPPs, the City of Hamilton and Haldimand County, the Premier, the Minister of Natural Resources and Forestry, the Auditor General and the Ombudsman be notified. FORTHWITH

...

Moved By:  Councillor Kushner

That Council requests the Region to withhold our contribution to the Region of Niagara by the approximately $1.7 million that goes to fund the Niagara Peninsula Conservation Authority (NPCA), until the NPCA accepts the offer from the Auditor General, which is the most objective and least costly, and which follows the intent of the motion passed by the NPCA’s Board on January 18, 2017 for an independent third party review/audit.

Yeas: Councillors Garcia, Haywood, Kushner, Sorrento, Stevens, and Williamson

Nays: Councillor Harris, and Mayor Sendzik

Carried

Councillor Siscoe was not present for the discussion nor the vote.
Council now voted on the Original Motion

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

Nays:
        Carried

Councillor Siscoe was not present for the vote

City Council recessed at 8:59 p.m. and General Committee reconvened. General Committee adjourned at 10:30 p.m. and City Council reconvened.

The In-Camera Session items were deferred to the March 27, 2017 meeting.

Moved By:  Councillor Harris

Seconded By:  Councillor Garcia

That Council adopt those items approved FORTHWITH by the General Committee on Monday, March 20, 2017, 2017.

Carried

Moved By:  Councillor Britton

Seconded By:  Councillor Stevens

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. 2017-60 A By-law to authorize a contract with Demar Construction Inc. (One reading – with respect to Duncan Drive Watermain, under Project No. P17-102. Delegation By-law No. 2004-277, as amended.) File: 18.45.255

By-law No. 2017-61 A By-law to authorize a contract with O’Hara Trucking & Excavating Inc. (One reading – with respect to Lorne Street Project No. P14-067. Delegation By-law No. 2004-277, as amended.) File: 18.20.201

By-law No. 2017-62 A By-law to authorize a contract with Brouwer Construction (1981) Ltd. (One reading – with respect to the Renovations and Alterations to Lake Street Service Centre, under Project No. P15-142. Delegation By-law No. 2004-277, as amended.) File: 18.20.202

By-law No. 2017-63 A By-law to designate all lands within the City of St. Catharines as a Site Plan Control Area and to repeal By-law No. 85-534, as amended. (One reading – with respect to adoption of a new Site Plan Control By-law. General Committee, December 5, 2016, Item No. 4.9.) File: 60.51.1

By-law No. 2017-64 A By-law to authorize an Agreement with Penn Terra Group Limited. (One reading – with respect to Brownfield Tax Increment Based Incentive Grant Agreement for the development at 136 James Street. General Committee, March 20, 2017, Item. 4.3.) File: 60.32.614

By-law No. 2017-65 A By-law to authorize an Agreement with Penn Terra Group Limited. (One reading – with respect to Brownfield Tax Increment Based Incentive Grant Agreement for the development at 51 Lake Street. General Committee, March 20, 2017, Item 4.3.) File: 60.32.615

By-law No. 2017-66 A By-law to authorize a Development Agreement with Peter McDonald and Sharon McDonald. (One reading – with respect to 189 Riverview Boulevard. General Committee, March 20, 2017, Item 4.4.) File: 60.53.150

By-law No. 2017-67 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” with respect to 4 Berkley Drive, Council, March 20, 2017, Item 5.1.)
File: 60.35.1021 & 60.46.424

By-law No. 2017-68 A By-law to confirm the proceedings of council at its meeting held on the 20th day of March, 2017. (One reading – with respect to confirming the proceedings of the meeting held on March 20, 2017.) File: 10.12.1

Carried

Moved By:  Councillor Elliott

Seconded By:  Councillor Kushner

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

Carried

Moved By:  Councillor Sorrento

Seconded By:  Councillor Garcia

There being no further items business, this meeting be adjourned at 10:33 p.m.

Carried

Certified Correct:Confirmed by:

___________________________________________________

City ClerkMayor