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The Corporation of the City of St. Catharines

GENERAL COMMITTEE MINUTES

Monday, April 10, 2017

 

Present:

Mayor Walter Sendzik

Councillors Sandie Bellows, Mike Britton, Mark Elliott, N. Carlos Garcia, Matt Harris (left at 9:44 p.m.), David A. Haywood, Joseph Kushner,

Bill Phillips, Mathew Siscoe, Sal Sorrento, Jennifer Stevens, and

Bruce Williamson

 

Officials

Present:

Dan Carnegie, Chief Administrative Officer

Shelley Chemnitz, Commissioner of Corporate Services

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

Phil Cristi, Acting Director of 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

Deanna Haine, Council and Committee Coordinator

 

Mayor Sendzik was in the chair and called the meeting to order in Council Chambers at 7:57 p.m., commencing with Discussion Item 3.4

 

 

1.

Call for Reports to be Brought Forward from Consent

Item 4.2 - Special Event Parking Request: Grantham Optimist Club

(Councillor Phillips)

 

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, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Harris, and Mayor Sendzik

Nays:

Carried

 

3.

Discussion Reports

Follow this link to view General Committee Agenda reports of April 10, 2017

 

Note: The order in which the reports were discussed is not the same as they appear on the agenda.

 

3.1.

Planning and Building Services, Planning Services

Applications for Zoning By-law Amendment and Draft Plan of Subdivision, 4 Berkley Drive; Owner: 2071380 Ontario Inc.; Agent: Upper Canada Consultants

(At the Public Meeting held March 20, 2017, Council deferred their decision for the Draft Plan of Subdivision for the consideration of General Committee on April 10, 2017.)

Councillors Bellows and Phillips were not in attendance for the Public Meeting held on March 20, 2017, therefore, did not vote on this matter.

 

Moved By:  Councillor Britton

That Council approve a Draft Plan of Subdivision for the lands described as Plan 626 Part of Block D, municipally known as 4 Berkley Drive, prepared by Upper Canada Consultants, revised January 24, 2017, showing Lots 1 to 30 (detached dwellings), Block 1 (0.3 m reserve) and a new public street (Street ‘A’), as outlined in Appendix 2, subject to the conditions outlined in Appendix 3; and

That Draft Plan of Subdivision approval shall lapse after 3 years from the date of Council approval, unless a request for extension has been submitted, reviewed and approved prior to the lapsing date; 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. FORTHWITH

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

Nays:

Carried

General Committee now considered Item 3.3


3.2.

Planning and Building Services, Planning Services

Supplemental Report - Proposed Amendment to Zoning By-law 2013-283, 115 Martindale Road, 117 Martindale Road, and 14 Grapeview Drive; Sante Aceti, Owner; Chris Millar, Agent (SUPPLEMENTAL REPORT)

Councillors Bellows and Phillips were not in attendance for the Public Meeting held on March 20, 2017, therefore, did not vote on this matter.

 

Moved By:  Councillor Sorrento

Zoning Amendment

That Council approve an amendment to Zoning By-law 2013-283 for the lands municipally known as 115 Martindale Road, 117 Martindale Road, and 14 Grapeview Drive, as follows:

a)That Section 15.1, Schedule A13, Zone Maps, be amended by changing the zoning of the subject lands from Low Density Residential (R1) to Local Convenience Commercial (C1), as identified in Appendix 2 of this report.

b)That Section 13.1, List of Special Provisions, be amended to add an additional special provision, as follows:

Special Provision

Zone

Schedule A

Location

By-law

140

C1

13

115 and 117 Martindale Road, 14 Grapeview Drive

 

Drive-through restaurants and motor vehicle gas stations shall not be permitted.

  1.                

Maximum building height

2 storeys up to a maximum of 11 metres

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 decision; and

That the Clerk be directed to make all necessary notifications; and

That further public notice under subsection 34(17) of the Planning Act is not required since the recommended revisions to the proposed amendment to the zoning by-law are minor; and further

Site Plan

That staff be directed to address the following matters as part of the site plan approval process, and as outlined in this report:

i)        Additional and enhanced landscaping shall be provided along the westerly lot line.

ii)      Waste collection be internal to the building or, alternatively, Molok units (or similar in ground waste collection unit) be provided instead of a standard garbage enclosure.

iii)    The 7 parking spaces along the westerly lot line, aligned with the dwelling to the west, not be deleted, but additional landscaping be provided at this location to mitigate impacts on the abutting residential use.

iv)    That the residents be notified and invited to provide input on the site plan.

FORTHWITH

...

Moved By:  Councillor Williamson

That Council refer the report back to staff to explore the compromise offered by the residents and report back at the meeting of May 8, 2017.

Motion to Refer Carried

Council now considered Consent Item 4.2

 

3.3.

Planning and Building Services, Planning Services

Proposed Amendment to Zoning By-law 2013-283, 115 Martindale Rd, 117 Martindale Road, and 14 Grapeview Drive; Sante Aceti, Owner; Chris Millar, Agent (ORIGINAL REPORT)

(At meeting of March 20, 2017, City Council deferred to April 10, 2017, to allow time for meeting with developer, residents, and Planning staff. The Public Meeting was closed. Council will consider the Supplemental Report, Item 3.2)

Councillors Bellows and Phillips were not in attendance for the Public Meeting held on March 20, 2017, therefore, did not vote on this matter.

 

Moved By:  Councillor Harris

That Council receive the original report, PBS-071-2017, from Planning and Building Services, dated March 2, 2017, for information purposes. FORTHWITH

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

Nays:

Carried

Council now considered Item 3.2


3.4.

Financial Management Services, Property Management

101 South Drive Property Task Force Report and Recommendations

This matter was discussed immediately following Delegation Item 6.3 on the Council Agenda.

During Council Item 6.3, the following declared Conflicts of Interest (Pecuniary) to this item for the reasons stated and remained out of the room for consideration of this matter:

         Councillor Bellows - her son who lives with her is employed by the District School Board of Niagara

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

         Councillor Siscoe - his employer, Niagara Catholic District School Board

         Councillor Williamson - his employer, District School Board of Niagara

         Mayor Sendzik - his spouse's employer

Deputy Mayor Harris was in the chair.

 

Moved By:  Councillor Kushner

That the staff report be received; and

That Council approve the establishment of a neighbourhood park (0.7 acres, which comprises 1/3 of 101 South Drive) as a parkland acquisition priority; and

That staff be directed to express the City’s interest to the District School Board of Niagara (DSBN) in acquiring only the lands required for the park; and

That, if the DSBN will only dispose of the entire property, staff be directed to advise the DSBN it intends to acquire the entire property, subject to a satisfactory issuance of an RFO (Request for Offer) for third parties to offer to acquire the lands on an as is basis, subject to the City retaining sufficient land for the park; and

That staff be directed to report back to Council regarding the results of the RFO process with option for proceeding, including a recommendation for funding the purchase; and

Further, that upon the submission of a Planning Act development application, staff be directed to consult with the Task Force before staff make recommendations on the development of the remnant parcel. FORTHWITH

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

Nays:

Carried

General Committee recessed at 8:14 p.m. and City Council reconvened at Item 6.5, following a five minute recess. City Council recessed at 8:39 p.m. and General Committee reconvened at Item 1.

 

3.5.

Legal and Clerks Services, Legal Services

Prohibition of Nuisance Parties

(At meeting of March 27, 2017, Council set public meeting for April 10, 2017)

 

Moved By:  Councillor Kushner

That Council approve 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, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Harris, Haywood, and Mayor Sendzik

Nays:

Carried

Council now moved on to Item 5

 

3.6.

Transportation and Environmental Services, Operations

Special Event Parking Request: Grantham Optimist Club (Item 4.2 moved from Consent)

 

Moved By:  Councillor Phillips

That Council approve the Grantham Optimist Club's request to temporarily waive parking restrictions on *both sides of Linwell Road between Lake Street and Geneva Street during the opening and closing weekends of their youth baseball seasons on May 27 and 28, 2017, and August 26 and 27, 2017; and

That this temporary parking exemption on Linwell Road be continued for a further five years; and

That staff be directed to investigate the feasibility of a temporary shared use of the sidewalks with cyclists and pedestrians; and

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

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

Nays:

Carried

Council now considered Item 3.5

* Note: On April 12, 2017, Don Walker, Grantham Optimist Club President, contacted the Office of the City Clerk to reiterate the Baseball Committee's request to limit the parking to the south side of Linwell Road only.

4.

Consent Reports

Follow this link to view General Committee Agenda reports of April 10, 2017

 

4.1.

Transportation and Environmental Services, Operations

Manchester Avenue - Parking Reinstatement

 

That Council approve the removal of the parking prohibition on the north side of Manchester Avenue from Ontario Street to a point 100 metres easterly; and

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

Approved on Consent

 

4.2.

Brought forward for discussion - See Item 3.6

Transportation and Environmental Services, Operations

Special Event Parking Request: Grantham Optimist Club

 

 

4.3.

Legal and Clerks Services, Office of the City Clerk

Council Correspondence

 

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

That Council receive and file additional correspondence distributed for the meeting held April 10, 2017, which is available upon request, and includes a memorandum from the Director of Planning and Building Services regarding the application for Draft Plan of Condominium Approval at 168 and 170 Lakeshore Road. 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.

Graffiti Removal - 15 Day By-law

Councillor Britton directed staff to prepare a memorandum to Council explaining the "15 Day" by-law regarding graffiti removal requests.

 

 

5.2.

Traffic Calming Measures - Henrietta Street and Area

Councillor Harris directed staff to look at traffic calming measures on and around Henrietta Street, due to speeding issues in the area.

By a show of hands, Council approved Item 5.1 and Item 5.2, directions for staff.


5.3.

Waterline Serving Residents - Decew Road

 

Moved By:  Councillor Harris

That Council direct staff to report on the existing waterline that serves the residents to the west of the Regional Water Plant located on Decew Road; and

That the report include the history of the installation, the ownership of the water line, who is responsible for maintenance and repair of the line, the agreement with the residents of Thorold that access the existing water line, and for what the “users” are responsible.

Carried

 

6.

In-Camera Session (General Committee)

Council will meet In-Camera for the following purpose:

         a proposed or pending acquisition or disposition of land by the municipality or local board (added during Adoption of Agendas)

 

During Adoption of the Agendas, the reason "personal matters about an identifiable individual, including municipal or local board employees" was removed from the agenda.

Moved By:  Councillor Britton

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

Carried

General Committee recessed to the In-Camera session at 9:27 p.m.

 

7.

Adjournment

There being no further items of business, General Committee adjourned at 9:44 p.m. and City Council reconvened.

 

 

 

Certified Correct:

 

 

 

__________________________________________________

Council Coordinator

 

Confirmed by:

 

 

 

__________________________________________________

Mayor