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The Corporation of the City of St. Catharines

GENERAL COMMITTEE MINUTES

Monday, March 27, 2017

 

Present:

 

 

 

 

Absents:

Mayor Walter Sendzik

Councillors Sandie Bellows, Mike Britton, Mark Elliott, N. Carlos Garcia, Matt Harris, David A. Haywood, Joseph Kushner, Mathew Siscoe,
Sal Sorrento, and Bruce Williamson (arrived at 6:36 p.m.)

 

Councillors Jennifer Stevens, and Bill Phillips

 

Officials

Present:

Shelley Chemnitz, Commissioner of Corporate Services / Acting CAO

Bryan Shynal, Commissioner of Operations

Brian York, Director of Economic Development and Government Relations

Kristine Douglas, Director of Financial Management Services

Heather Salter, Director of Legal and Clerks Services/City Solicitor

Amy Tomaino,  Manager of Business Planning & Strategic Services, Parks, Recreation and Culture Services

Jim Riddell, Director of Planning and Building Services

Dan Dillon, Director of Transportation and Environmental Services

Bonnie Nistico-Dunk, City Clerk

Rebecca Alfieri, Council and Committee Coordinator

 

Mayor Sendzik was in the chair and called the meeting to order in Council Chambers at 7:07 p.m.

 

1.

Call for Reports to be Brought Forward from Consent

Item 4.14, Sub Item 2 - Resolution, Town of Lincoln - Wide Strategic Plan for Agricultural Irrigation (Councillor Williamson)

 

2.

Motion to Move Reports on Consent

Moved By:  Councillor Haywood

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

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

Nays:

Carried

3.

Discussion Reports

Follow this link to view General Committee Agenda reports of March 27, 2017

 

3.1.

Transportation and Environmental Services, Environmental Services

Summary Report of the City of St. Catharines Water Distribution System as Required under the Safe Drinking Water Act

(Staff presentation to precede discussion of report)

Mark Green, Manager of Environmental Services, provided an annual update to Council regarding the Water Distribution System as required under the Safe Driving Water Act, including the City's policy, how the City monitors water, complaints and compliance.  Mr. Green answered questions from Council.

 

Moved By:  Councillor Harris

That Council receive this report for information purposes. FORTHWITH

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

Nays:

Carried

 

3.2.

Financial Management Services, Accounting

2017 Water and Wastewater Budget and Associated Rates

 

Moved By:  Councillor Siscoe

That Council approve the 2017 Water and Wastewater Budget in Appendix 1 of the report from Financial Management Services, Accounting, dated February 28, 2017; and

That Council direct staff to hold the rate of bulk water usage for 2017; and

That Council direct staff to prepare a report on the cost of bulk water usage, using the municipalities comparator cities, and refer this to the Budget Standing Committee; and

Further, that the City Solicitor be directed to prepare the necessary by-laws. FORTHWITH

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

Nays:

Carried as Amended


3.3.

Financial Management Services, Billing

To Amend Various By-Laws to include 26 Raymond St Parking Lot to
By-Law 89-305

 

Moved By:  Councillor Elliott

That Council direct the City Solicitor to prepare the necessary by-law amendments to add 26 Raymond St Parking Lot to Schedule A of the Traffic and Parking By-law (By-Law 89-305), which regulates the parking of vehicles in municipal parking facilities; and

That Council direct the City Solicitor to prepare the necessary by-law amendments to delete 26 Raymond Street from Schedule A of Parking on the Private Property By-law 89-357, which permits the municipality to regulate parking in private parking lots; and

That Council direct the City Solicitor to amend the 2017 Schedule of Rates and Fees By-law 2016-271 to include 26 Raymond Street parking lot at the rate of $66.37 plus H.S.T. per month. FORTHWITH

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

Nays:

Carried

 

3.4.

Transportation and Environmental Services, Engineering and Construction

P17-004 Sanitary Sewer Repairs Strada Boulevard Easement - Award of Tender, Budget Amendment and Early Budget Approval

(Deferred by General Committee, March 20, 2017, Item 4.6)

 

Moved By:  Councillor Britton

That Council direct staff to award the tender for P17-004 Sanitary Sewer Repairs, Strada Boulevard Easement to AVERTEX Utility Solutions Inc., in the amount of $487,729 plus HST; and

That Council grant approval to use $269,000 from P15-004 Pelham Road funded by the Wastewater Budget; and

That Council grant early budget approval and approval to use $72,000 of P17-011 2017 Sewer Spot Repair Program funded by the 2017 Wastewater Budget; and

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

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

Nays:

Carried

 

3.5.

Transportation and Environmental Services, Engineering and Construction

P16-100 Broadway - Award of Tender and Water Budget Early Budget Approval

(Deferred by General Committee, March 20, 2017, Item 4.7)

 

Moved By:  Councillor Britton

That Council direct staff to award the tender for P16-100 Broadway to Peters Excavating Inc., in the amount of $267,380 plus HST; and

That Council grant early budget approval to use $80,000 from P17-105 Nancy/Rosemount Watermain Replacement funded by the 2017 Water Budget to support the budget shortfall; and

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

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

Nays:
           Carried

 

3.6.

Legal and Clerks Services, Legal Services

Prohibition of Nuisance Parties

(Report for tabling of public meeting on March 27, 2017)

(Deferred by General Committee, March 20, 2017, Item 4.8)

 

Moved By:  Councillor Kushner

That a public meeting be held on April 10, 2017, pursuant to the Public Notice By-law to consider an amendment to the City’s Public Nuisance By-law (By-law 2007- 295) to add a prohibition to prohibit nuisance parties and specifically the use of rooftops for such purposes. FORTHWITH

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

Nays:
          Carried

Councillors Elliott, and Siscoe were not present for the vote.

 

3.7.

Office of the Chief Administrative Officer, Accessibility

Award of Funding for Accessibility at Lakeside Park (Item 4.4 moved from Consent)

 

Moved By:  Councillor Garcia

That Council receive the Report CAO-072-2017 from the Office of the Chief Administrative Officer, Accessibility, regarding the award of accessibility funding at Lakeside Park by the Rick Hansen Foundation/Canada 150 under its Access4ALL grant initiative for information purposes; and

That the City Solicitor be directed to prepare the necessary documents and by-law(s). FORTHWITH

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

Nays:
        Carried

Councillors Elliott, and Siscoe were not present for the discussion nor the vote.

 

3.8.

Parks, Recreation and Culture Services, Programs and Cultural Services

Welland Canal Fallen Workers Memorial Update (Item 4.6 moved from Consent)

 

Moved By:  Councillor Britton

That Council Authorize the tender process for Phase 3 proceed in the original timeframe and under the previously approved budget of $785,000 outlined in the September 12, 2016, Report PRCS-239-2016; and

That the City of St. Catharines request the assistance and support of Welland Canal MPs Chris Bittle, and Vance Badawey to secure additional Federal funding for the elements that would be unfunded under the currently approved budget; and

That should the Government of Canada provide further funding in the amount identified by Report PRCS-031-2017, then the full scope identified be approved and implemented. FORTHWITH

Yeas: Councillors Britton, and Haywood

Nays: Councillors Bellows, Elliott, Garcia, Harris, Kushner, Siscoe, Sorrento, Williamson, and Mayor Sendzik

Lost

Moved By:  Councillor Williamson

That Council direct staff to submit an application for the 2017 Waterfront Investment Program for the Welland Canal Fallen Workers Memorial project, which includes creation of a parkette and four Memorial elements; and

That Council confirms that $234,000 from the Civic Project Fund is available and approved to be used as the City’s matching funds for the 2017 Waterfront Investment Program application; and

That Council delegate authority to execute any applications and funding agreements for the Waterfront Investment Program to the Director of Parks, Recreation and Culture Services or the City Treasurer; and

That the City of St. Catharines request the assistance and support of Welland Canal MPs Chris Bittle, and Vance Badawey to secure additional Federal funding for the elements that would be unfunded under the currently approved budget; and

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

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

Nays:
          Carried as Amended

 

3.9.

Planning and Building Services, Planning Services

Residential Infill /Intensification Development Review – Interim Control
By-law – Status Update and Next Steps (Item 4.8 moved from Consent)

 

Moved By:  Councillor Kushner

That Council endorse the timeline for completion of the Residential Infill and Intensification Development Review as set out in this report; and

That Council schedule a special meeting of Council to be held on May 1, 2017, for the purposes of hosting a legislated public meeting, pursuant to the Planning Act, to receive public comment and input and to consider approval of staff recommendations for amendments to the Official Plan and Zoning By-law; and, to also consider staff recommendations related to matters concerning development review, evaluation and approval procedures and practices as it applies to the Residential Infill and Intensification Development Review; and

Whereas Step 2 of the Review Timeline Report indicates that the preparation of Urban Design Guidelines and evaluating a Design Review Committee will take longer than official plan and zoning bylaw amendments;

Therefore Be it Resolved to expedite the process, Council approve in principle a Design Review Committee as a pilot project for a period of one year from the date of appointment of the Committee, made up of staff and knowledgeable individuals, and that staff be directed to report back to Council on June 26, 2017 with a Design Review Committee framework based on best practices from other jurisdictions; and  

That the Design Review Committee be limited to providing advice only on severance applications that create new infill lots for new development; and

Further, that the pilot project for the Design Review Committee be reviewed after one year from the date of appointment of the Committee. FORTHWITH

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

Nays: Councillors Britton, Siscoe, and Sorrento

Carried as Amended

 

3.10.

Legal and Clerks Services, Office of the City Clerk

Council Correspondence (Item 4.14, Sub Item 2 moved from Consent)

Re: Town of Lincoln - Resolution - Wide Strategic Plan for Agricultural Irrigation

 

Moved By:  Councillor Williamson

That Council support the Town of Lincoln’s request that the Region of Niagara’s Agricultural Policy Action Committee support the Irrigation Working Group’s Action Plan and its efforts to build a region wide strategic plan for agricultural irrigation. FORTHWITH

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

Nays:

Carried

 

4.

Consent Reports

Follow this link to view General Committee Agenda reports of March 27, 2017

 

4.1.

Financial Management Services, Accounting and Payroll

2016 Statement of Remuneration and Expenses for Mayor and Members of City Council

 

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

Approved on Consent

 

4.2.

Financial Management Services, Accounting and Payroll

Development Charges Reserve Fund Treasurer’s Statement, December 31, 2016

 

That Council receive the report for information purposes. FORTHWITH

Approved on Consent

 

4.3.

Financial Management Services, Accounting and Payroll

Annual Investment Report – Operating Fund as at December 31, 2016

 

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

Approved on Consent


4.4.

Brought forward for Discussion - See Item 3.7

Office of the Chief Administrative Officer, Accessibility

Award of Funding for Accessibility at Lakeside Park

 

 

4.5.

Parks, Recreation and Culture Services, Programs and Cultural Services

Garden City Aquatic Club Swim Team Programming

 

That Council direct staff to enter into an agreement with the Garden City Aquatic Club (GCAC); and

That the agreement be for two years, with an option to renew for a further two years subject to a positive evaluation by staff, with the GCAC including, but not limited to, the terms proposed in this report; and

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

Approved on Consent

 

4.6.

Brought forward for Discussion - See Item 3.8

Parks, Recreation and Culture Services, Programs and Cultural Services

Welland Canal Fallen Workers Memorial Update

 

 

4.7.

Planning and Building Services, Planning Services

Application for Draft Plan of Condominium Approval, 212 Lakeport Road; Proposed Three-Storey, 45-Unit Condominium Apartment Building;
212 Lakeport Rd. Inc., Owner; Upper Canada Consultants, Agent

 

That Council grant draft plan of condominium approval for a three-storey, 45-unit apartment building on the lands described as Part of Lot 19, Concession 2, Geographic Township of Grantham, St. Catharines, municipally known as 212 Lakeport Road, as illustrated on Appendix 2 of this report, subject to the conditions of draft plan of condominium approval, as outlined in Appendix 6 of this report; 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 after notice of Council’s decision has been given, the Clerk be authorized to endorse the plan as “Draft Approved” on the day after the appeal period has expired, in accordance with the Planning Act, provided that no appeals have been lodged; 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

Approved on Consent

 

4.8.

Brought forward for Discussion - See Item 3.9

Planning and Building Services, Planning Services

Residential Infill /Intensification Development Review – Interim Control
By-law – Status Update and Next Steps

 

 

4.9.

Transportation and Environmental Services, Operations

Request for Exemption from Noise By-law 95-198 – Reconstruction of Regional Road 89 (Glendale Avenue) Between

Burleigh Hill Drive and Jacobson Avenue

 

That Council approve the request from the Niagara Region, seeking an exemption for their contractor from By-law 95-198 (A By-law to Regulate and Prohibit Noise) to permit night work associated with the reconstruction of Glendale Avenue between Burleigh Hill Drive and Jacobson Avenue; and

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

Approved on Consent

 

4.10.

Transportation and Environmental Services, Operations

Special Event: “In the Soil” Arts Festival

 

That Council approve the request by Suitcase in Point Arts Performances for the “In the Soil” Arts Festival; and

That the public be notified that the Director of Transportation and Environmental Services will temporarily close James Street between St. Paul Street and King Street and a small portion of Summer Street adjacent to James Street (as shown in Appendix 1) on Friday, April 28, 2017, at 5:00 am to Sunday, April 30, 2017, at 6:00 pm, to permit a community event (In the Soil Arts Festival); and

That Suitcase in Point Arts Performances enter into a License Agreement detailing the conditions and requirements for the provision of a three day community event as generally described in this report and to the satisfaction of the Director of Transportation and Environmental Services; and

Further, that the City Solicitor be directed to prepare the necessary agreement documents and by-laws. FORTHWITH

Approved on Consent

 

4.11.

Transportation and Environmental Services, Engineering and Construction; Planning & Building Services Building & Development

P14-069 Burbank Drive Completion Payment - Cost Sharing Agreement for 300 Fourth Avenue

 

That Council grant approval to release a Completion Payment in the total amount of $18,251.04 plus applicable taxes to 2109075 Ontario Inc. with respect to Project No. P14-069 – Burbank Drive and P13-107- Bulk Water Filling Station, subject to no Statutory Liens having been filed and any outstanding deficiencies having been rectified to the satisfaction of the City Engineer. FORTHWITH

Approved on Consent

 

4.12.

Transportation and Environmental Services, Operations

Pedestrian Phasing at St. Paul Street & Carlisle Street Traffic Signal

 

That Council receive this report for informational purposes. FORTHWITH

Approved on Consent

 

4.13.

Transportation and Environmental Services, Engineering and Construction

P13-066 Queenston Street – Award of Tender, Budget Amendment and Award of Contract Administration and Inspection Services

 

That Council direct staff to award the tender for P13-066 Queenston Street to Demar Construction Inc. in the amount of $3,556,919.39 plus HST; and

That Council direct staff to award construction administration and inspection services to Kerry T. Howe Engineering Limited in the amount of $165,200 plus HST; and

That Council grant approval to use $110,000 from P17-105 Nancy / Rosemount Watermain Replacement funded by the 2017 Water Budget to support the budget shortfall; and

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

Approved on Consent

 

4.14.

Legal and Clerks Services, Office of the City Clerk

Council Correspondence

Sub-Item 2 was brought forward for discussion - See Item 3.10

 

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

That Council receive and file additional correspondence distributed for the meeting held March 27, 2017, which is available upon request, and includes: (1) Financial Management Services -2017 Draft Water and Wastewater Budget presentation, (2) Transportation and Environmental Services - Water Distribution System -Safe Drinking Water presentation, and (3) Niagara Home Builders Association, Letter - Interim Control By-law Report. FORTHWITH

Approved on Consent


5.

Report Requests and Directions for Staff

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

 

5.1.

Requirements to be Declared a Bee City

(Deferred by General Committee, March 20, 2017, Item 5.1)

 

Moved By:  Councillor Siscoe

That Council direct staff to look into the requirements to be declared a Bee City, a David Suzuki Foundation initiative, and to contact the Niagara Farm Project and to report back to Council by end of May 2017.
           Carried

 

5.2.

Process to Utilize Barn on Buchanan House Site

(Deferred by General Committee, March 20, 2017, Item 5.2)

 

This item is no longer a report request, but now a direction for staff.

That Council direct staff to meet with interested community groups at the Buchanan House site in order to process the costs that would be involved in utilizing the barn for these groups.

 

5.3.

School Zone Flashing Lights - Canadian Martyrs School

(Deferred by General Committee, March 20, 2017)

 

Moved By:  Councillor Britton

That Council direct staff to prepare a report on the feasibility of moving the western School Zone flashing lights on Scott Street beside Canadian Martyrs School to the adjacent church property.
           Carried

 

5.4.

Walkway between Alexandra Boulevard and Woodrow Street

(Deferred by General Committee, March 20, 2017)

 

This item is no longer a report request, but now a direction for staff.

That Council direct staff to prepare a memo on what can be done with walkway between Alexandra Blvd and Woodrow Street in regards to damage that has occurred and general up keeping maintenance.

 

5.5.

Residential Rental Licenses

 

Moved By:  Councillor Siscoe

That Council direct staff to prepare an information report back to Council on the feasibility of a Residential Rental License, as modelled by the City of Waterloo, and the steps necessary to create such a bylaw in St. Catharines.
          Carried

 

6.

In-Camera Session (General Committee)

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. 17-025

         advice that is subject to solicitor-client privilege, including communications necessary for that purpose

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

Moved By:  Councillor Elliott

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

Carried

General Committee recessed to the In-Camera session at 8:40 p.m.

 

7.

Adjournment

There being no further items of business, General Committee adjourned at
9:34 p.m. and City Council reconvened.

 

 

Certified Correct:Confirmed by:

 

 

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Council CoordinatorMayor