The Corporation of the City of St. Catharines

REGULAR COUNCIL MINUTES

Monday, April 10, 2017

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

•         The Mayor advised the order of the agendas will be amended to accommodate the large number of people in attendance.

•         The City Clerk advised of the following amendments:

•         the two verbal reports listed on the In-Camera agenda have been withdrawn

•         the order of the agenda will be amended to:

• consider Discussion Item 3.4 first
• receive Discussion Item 3.3 prior to consideration of Item 3.2

• Councillor Britton requested the addition of an In-Camera item regarding a proposed or pending acquisition or disposition of land by the municipality or local board

Moved By:  Councillor Harris

Seconded By:  Councillor Elliott

That Council adopt the agendas for the meeting of Monday, April 10, 2017, as amended.

Carried as Amended

Moved By:  Councillor Harris

Seconded By:  Councillor Garcia

That Council adopt the minutes of the Regular meetings of Council held on Monday, March 20, 2017, and Monday, March 27, 2017. FORTHWITH

Carried

Moved By:  Councillor Harris

Seconded By:  Councillor Garcia

That Council adopt the minutes of the General Committee meetings held on Monday, March 20, 2017, and Monday, March 27, 2017. FORTHWITH

Carried

• Councillor Bellows - to any items related to 101 South Drive as her son who lives with her is employed by the District School Board of Niagara
• Councillor Haywood - to any items related to 101 South Drive as it relates to his wife's employer, the Niagara Catholic District School Board
• Councillor Siscoe - to any items related to 101 South Drive as it relates to his employer, the Niagara Catholic District School Board
• Councillor Williamson - to any items related to 101 South Drive as it relates to his employer, the District School Board of Niagara
• Mayor Sendzik - Item 6.3 of the Council Agenda and Item 3.4 of the General Committee Agenda as his spouse's employer is the District School Board of Niagara

Council held a public meeting respecting applications for a zoning by-law amendment and draft plan of vacant land condominium at 168 and 170 Lakeshore Road.

Aaron Butler, Planner for Planning and Building Services, provided an overview of the proposal.

The Mayor asked if anyone in attendance wished to speak in opposition to the proposal. Robert Speck came forward and provided the following comments and concerns:

•         the area in which he lives has been under construction for about a year and a half and the neighbours are concerned that they will be under construction for a great deal longer if this turns into a staging area for the new development

•         do not want the staging area for the new development to be on Tanner Circle

•         asked if there will be enough on-site parking

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

The Mayor then asked if the applicant or agent wished to speak. The Agent, William Heikoop of Upper Canada Consultants, came forward to review the proposal and provided the following comments:

•         a geotechnical study was conducted to determine where the floodplain elevation rests, which enables the developer to protect Spring Garden Creek and preserve the ecological features

•         a tree preservation plan was submitted with the application

Mr. Heikoop was available to answer Council's questions.

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

•         the engineering department is required to look at the floodplain elevation and stormwater management through the site plan and condominium approval process

•         no additional waters from the development can spill into the creek

•         proposal is for bungalows

•         site plan process is proceeding

•         the intention and requirement is to protect the creek

•         there will be a number of replacement trees

•         additional larger caliber trees can be placed on site, if Council directs

•         the staging area and construction will need to be worked out in the site plan approval to minimize the disruption to the surrounding neighbours

City Council reconvened

Moved By:  Councillor Sorrento

Seconded By:  Councillor Kushner

Zoning By-law Amendment

That Council approve an amendment to Zoning By-law 2013-283 for the lands described as Part Lot 16 Concession 1 Grantham Parts 1, 2, 3 & 4 30R 14754, municipally known as 168 & 170 Lakeshore Road, as follows:

a) That Section 15.1, Schedule A (A2), Zoning Maps, be amended by changing the zoning for a portion of the subject lands from Conservation/Natural Area (G1) to Low Density Residential – Suburban Neighbourhood (R1), as outlined in Appendix 2 of this report; and

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

That Council direct staff to ensure the staging area is not on Tanner Circle; and

That Council direct staff to ensure larger caliber trees are planted at a 2 to 1 ratio of what is being removed from this site; and

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

Draft Plan of Condominium

That Council defer the recommendation for Draft Plan of Vacant Land Condominium to a meeting of Council on April 24, 2017, at least 14 days after the Public Meeting of April 10, 2017, pursuant to Section 51(20) of the Planning Act. FORTHWITH

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

Nays:Councillors Garcia, Haywood, Phillips, and Bellows

Carried as Amended

Moved By:  Councillor Siscoe

Seconded By:  Councillor Elliott

That Council close the public meeting regarding the applications for a zoning by-law amendment and draft plan of vacant land condominium at 168 and 170 Lakeshore Road.

Carried

The Mayor announced the public meeting was closed. He advised that 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.

Elizabeth Thiessen addressed Council on behalf of the neighbourhood to reiterate their opposition to the rezoning and provided a slideshow. She advised Council that the neighbours do not want commercial space expanded to Grapeview Drive. However, should Council approve the zoning amendment, they asked that the Grapeview Drive frontage be retained as R1 and that C1 zoning only be permitted on the Martindale Road frontage.

Moved By:  Councillor Siscoe

Seconded By:  Councillor Elliott

That Council receive and refer the presentation by Elizabeth Thiessen regarding the supplemental report on the proposed amendment to Zoning By-law 2013-283 at 115 and 117 Martindale Road and 14 Grapeview Drive to General Committee for consideration later this evening (see General Committee, April 10, 2017, Item 3.2).

Motion to Refer Carried

The Agent, Chris Millar, addressed Council to advise they tried to seek a resolution to the issues expressed by the residents resulting in concessions on six of seven items. He stated the owners are not interested in residential development on the Grapeview Drive frontage.

Moved By:  Councillor Siscoe

Seconded By:  Councillor Elliott

That Council receive and refer the presentation by Chris Millar regarding the supplemental report on the proposed amendment to Zoning By-law 2013-283 at 115 and 117 Martindale Road and 14 Grapeview Drive to General Committee for consideration later this evening (see General Committee, April 10, 2017, Item 3.2).

Motion to Refer Carried

Council proceeded to Item 6.4

During Declarations of Interest, the following declared Conflicts of Interest (Pecuniary) to this item for the reasons stated and left 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 - relates to his wife's employer, the Niagara Catholic District School Board

•         Councillor Siscoe - relates to his employer, the Niagara Catholic District School Board

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

•         Mayor Sendzik - relates to his spouse's employer

The Mayor left the Chair and Deputy Mayor Harris assumed the chair.

Tom Richardson addressed Council to advise that the Glen Ridge residents are not opposed to development on a portion of the property at 101 South Drive; however, they want the City to retain 1/3 of the grounds of the former Glen Ridge School for a neighbourhood park. He stated Burgoyne Woods is not easily accessible.

Moved By:  Councillor Elliott

Seconded By:  Councillor Phillips

That Council receive and refer the presentation by Tom Richardson regarding the 101 South Drive Property Task Force report and recommendations to General Committee for their consideration later this evening (see General Committee, April 10, 2017, Item 3.4).

Motion to Refer Carried

Council resolved into General Committee at 7:57 p.m. for the consideration of Item 3.4. Council reconvened at 8:19 p.m., resuming with Item 6.5 and the Mayor in the chair.

Don Walker, President of Grantham Optimist Club, addressed Council regarding the Club's request to allow special event parking on the south side of Linwell Road in the area of the youth centre during the opening and closing baseball weekends, which Council has permitted in the past.

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council receive and refer the presentation by Don Walker regarding the special event parking request by the Grantham Optimist Club to General Committee for their consideration later this evening (see General Committee, April 10, 2017, Item 4.2).

Motion to Refer Carried

Council proceeded to Item 6.3

The Mayor advised that, at the General Committee meeting of March 27, 2017, Council approved the recommendation to set a public meeting for this evening to consider an amendment to the City's Nuisance By-law No. 2007-295 to add a prohibition to prohibit nuisance parties and, specifically, the use of rooftops for such purposes. He advised that public notice was published in accordance with the City's Notice By-law No. 2007-310, as amended.

The Mayor stated that those who had registered with the City Clerk in advance of the meeting would be heard first. None were registered.

He then invited members of the public to come forward to be heard. No one came forward to speak.

Moved By:  Councillor Stevens

Seconded By:  Councillor Elliott

That Council refer the public meeting regarding the prohibition of nuisance parties to General Committee for their consideration later this evening (see General Committee, April 10, 2017, Item 3.5).

Motion to Refer Carried

Moved By:  Councillor Siscoe

Seconded By:  Councillor Haywood

That Council close the public meeting regarding the prohibition of nuisance parties.

Carried

There were none.

Councillor Stevens advised the members of Council that she would present the following motion at the meeting of April 24, 2017:

Whereas Centennial Park was the recipient of Federal funding in 1969 and this funding enabled this park to be a showcase for public participation and use.

Whereas A Staff report of March 20, 2017 states that "Centennial Park fell into disrepair, in part, due to decades of underfunding the park's maintenance.

Whereas Centennial Park is located in the centre of our city and should be accessible to all citizens and from different locations.

Whereas Since 2010 Centennial Park has been the subject of budget deliberations for maintenance, restoration and development issues.

Whereas: In 2017 Centennial Park has once again received Federal funding for its maintenance and to assist in restoring its' profile within the city.

Therefore Be It Resolved that staff reconsider issues outlined in the report of March 20, 2017, regarding lighting, access points, trail connections and maintenance funding and recommend to Council that these be re-instated as important if not priority items for discussion in the 2018 budget deliberations.

Moved By:  Councillor Siscoe

Seconded By:  Councillor Haywood

Whereas St. Catharines City Council unanimously endorsed the principle of a consolidated transit system at a special Council meeting on February 22, 2017, and directed staff to work with the cities of Niagara Falls, Welland and the Regional Municipality of Niagara to develop a Memorandum of Understanding (MOU) including a governance framework, communication and implementation plan and specify how key issues are to be addressed by all parties along with next steps and timelines by the end of 2017; and

Whereas Niagara Falls City Council and Welland City Council each unanimously endorsed the principle of a consolidated transit system in February 2017, and together requested the Regional Municipality of Niagara to initiate the legislated “triple majority” process to become formally and directly involved in the provision of public transit as recommended by the Inter-municipal transit working group; and

Whereas, on March 23, 2017, Niagara Regional Council voted to endorse in principle the creation of a consolidated public transit system in partnership with the City of Niagara Falls, the St. Catharines Transit Commission, the City of Welland, and the Region of Niagara in order to develop a regionally integrated transit system; and

Whereas Niagara Regional Council adopted a bill to provide Niagara Council with the non-exclusive authority to establish, operate and maintain an inter-municipal passenger transportation system for the Region, and such Bill, if adopted, to come into force and effect on June 1, 2017, provided that:

a)a majority of the councils of the local area municipalities pass resolutions consenting to the by-law; and

b)the total number of electors in the local municipalities that have passed resolutions in support of the Bill form a majority of all electors in the Region of Niagara as established in the revised list of electors for the municipal election held in the year 2014; and

That St. Catharines City Council consents to the passage of By-law No. 2017-021 of the Regional Municipality of Niagara, being a by-law to provide Niagara Region with the non-exclusive authority to establish, operate and maintain an inter-municipal passenger transportation system for the Niagara Region. FORTHWITH

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

Nays:Councillor Stevens

Carried

City Council recessed at 8:39 p.m. and General Committee reconvened. General Committee adjourned at 9:44 p.m. and City Council reconvened.

In-Camera Agenda Item 2.1 and Item 2.2 were withdrawn during Adoption of the Agendas

This item was added during Adoption of Agendas

Moved By:  Councillor Britton

Seconded By:  Councillor Bellows

That Council receive the verbal report for information purposes; and

That staff proceed as directed and report back on April 24, 2017. FORTHWITH

Carried

Moved By:  Councillor Garcia

Seconded By:  Councillor Bellows

That Council adopt those items approved FORTHWITH by the General Committee on Monday, April 10, 2017.

Carried

Moved By:  Councillor Williamson

Seconded By:  Councillor Haywood

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. 2017-86  A By-law to authorize the acceptance of a conveyance of certain lands from Shane Richard Webber for the widening of Henley Drive. (One reading – with respect to 56 Henley Drive. Delegation By-law No. 2004-277, as amended.) File: 16.7.10

By-law No. 2017-87  A By-law to authorize the acceptance of a conveyance of certain lands from Matteson Amadeo Deluca for the widening of Capner Street. (One reading – with respect to 7 Capner Street. Delegation By-law No. 2004-277, as amended.)

File: 16.7.10

By-law No. 2017-88  A By-law to authorize a Servicing Agreement with Frank Robert Bracken and Susan Lee Bracken. (One reading – with respect to 360 Martindale Road. Delegation By-law No. 2004-277, as amended.)  File: 68.81.5, 60.35.586

By-law No. 2017-89  A By-law to authorize a Servicing Agreement with 1473941 Ontario Limited. (One reading – with respect to 67 Martindale Road. Delegation By-law No. 2004-277, as amended.)  File: 68.81.5

By-law No. 2017-90  A By-law to authorize a Demolition Agreement with Frank Robert Bracken and Susan Lee Bracken. (One reading – with respect to demolition of the single detached dwelling at 360 Martindale Road. Delegation By-law No. 2004-277, as amended.)  File: 56.49.2, 60.35.586

By-law No. 2017-91  A By-law to authorize a Condominium Conversion Agreement with Semcor Properties Inc. (One reading – with respect to 7 Riverview Boulevard. Delegation By-law No. 2003-277, as amended.)  File: 60.35.1024

By-law No. 2017-92  A By-law to authorize a Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Economic Development and Growth. (One reading – with respect to the 2017 Summer Company Program. Delegation By-law No. 2003-277, as amended.)  File: 68.45.10

By-law No. 2017-93  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 the applications and funding agreements for the Waterfront Investment Program. General Committee, March 27, 2017, Item No. 3.8.) File: 35.23.8

By-law No. 2017-94  A By-law to authorize an agreement with the Rick Hansen Foundation/Canada 150 for the receipt of funding under its Access4ALL grant. (One reading – with respect to the accessibility funding at Lakeside Park. General Committee, March 27, 2017, Item No. 3.7. )  File: 68.31.114

By-law No. 2017-95  A By-law to amend By-law No. 2015-291 entitled “A By-law to authorize an Agreement with Horizon Energy Solutions Inc.” (One reading – with respect to the contractor’s name change. General Committee, December 14, 2015, Item No. 4.4.)  File: 35.60.19

By-law No. 2017-96  A By-law to authorize certain projects and the issuing of debentures for Corporate Infrastructure – Technology Upgrades – Phase 1. (One reading – with respect to Payroll and HRIS system upgrade. General Committee, August 22, 2016, Item No. 3.3.)  File: 10.57.10

By-law No. 2017-97  A By-law to authorize certain projects and the issuing of debentures for Transit Commission 2017 capital commitments. (One reading – with respect to Project No. 420.467.000. General Committee, March 6, 2017, Item No. 3.2.)  File: 10.57.10

By-law No. 2017-98  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.” (One reading – with respect to 168 & 170 Lakeshore Road. Council, April 10, 2017, Item 5.1.)  File: 60.35.1022, 60.46.425

By-law No. 2017-99 A By-law to amend By-law No. 2007-295 entitled "A By-law to address Public Nuisances.” (One reading – with respect to Prohibition of Nuisance Parties. General Committee, April 10, 2017, Item 3.5.)  File: 60.73.38, 10.13.99

By-law No. 2017-100  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 reinstatement at Manchester Avenue. General Committee, April 10, 2017, Item 4.1.)  File: 77.34.99

By-law No. 2017-101  A By-law to confirm the proceedings of council at its meeting held on the 10th day of April, 2017. (One reading – with respect to confirming the proceedings of the meeting held on April 10, 2017.)  File: 10.12.1

Carried

Moved By:  Councillor Williamson

Seconded By:  Councillor Haywood

That the following additional by-law be read a first time, considered and passed; and

That it be signed and executed by the Mayor and the City Clerk.

By-law No. 2017-102  A By-law to authorize the acceptance of a conveyance of certain lands from Frederick William Arksey and Beverley Ann Arksey for the widening of Moffatt Street. (One reading – with respect to 127 Moffatt Street. Delegation By-law No. 2004-277, as amended.)  File: 16.7.10

Carried

Moved By:  Councillor Siscoe

Seconded By:  Councillor Haywood

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

Carried

Moved By:  Councillor Siscoe

Seconded By:  Councillor Haywood

That Council approve the appointment of Sarah Jarvis to the St. Catharines Downtown Association Board of Management for the remainder of the present Board's term. FORTHWITH

Carried

Moved By:  Councillor Stevens

Seconded By:  Councillor Kushner

That, there being no further items of business, this meeting be adjourned at 9:48 p.m.

Carried