The Corporation of the City of St. Catharines

GENERAL COMMITTEE MINUTES

Monday, May 08, 2017

Item 4.2 - St. Catharines Cultural Investment Policy Revision (Councillor Haywood)

Item 4.4 - Scott Street School Zone Maximum Speed Flashers (Councillor Britton)

Item 4.7, Sub Item 1 - Resolution from Township of Adjala-Tosorontio,
Re: Waiving of Taxes on Purchase of Canadian Flags, or Canada 150th Anniversary Flag (Councillor Britton)

Additional Correspondence Received - Kiwanis Club of St. Catharines,
Re: Proposed New Stage at Lock 1, Port Dalhousie Project (Councillor Garcia)

Moved By:  Councillor Garcia

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

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

Nays:
          Carried

Follow this link to view General Committee Agenda reports of May 8, 2017

Councillor Williamson was not in attendance for the Public Meeting held on May 1, 2017, therefore, did not vote on this matter.

At the May 1, 2017 Public Meeting, Councillor Kushner put the staff Recommendation on the floor, and Council deferred their decision to
May 8, 2017.

On May 8, 2017, the sequencing of the recommendation was changed to provide clarity, understanding and for the purpose of voting.

Moved By:  Councillor Kushner

Urban Design Guidelines and Design Review Panel

That Council approve and identify established residential neighbourhoods as a priority area for establishing Urban Design Guidelines; and

That a comprehensive set of Urban Design Guidelines be prepared and used, together with other design principles and policies established in the Official Plan, in the review and evaluation of development and redevelopment and lot creation proposals in established residential neighbourhoods; and

That Urban Design Guidelines for established residential neighbourhoods be brought before Council on June 26, 2017 for approval in principle; and

That Council approve the establishment of a Design Review Panel to provide knowledgeable design guidance and advise to staff and proponents alike in the review and evaluation of development/redevelopment and lot creation; and

That the Design Review Panel be first established as one (1) year pilot project to specifically evaluate lot creation proposals; and

Further, that Terms of Reference to establish a Design Review Panel be considered by Council for approval on June 26, 2017. FORTHWITH

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

Nays: Councillors Siscoe, and Sorrento
           Carried

Delegation of Approval for Development Agreements

That the City’s Delegation By-law 2004-277 be amended to delegate approval authority for Development Agreements to the Director of Planning and Building Services; and

That Ward Councillors be kept fully informed throughout the process. FORTHWITH

Yeas: Councillors: Councillors Bellows, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Stevens, and Mayor Sendzik

Nays: Councillors Britton, Elliott, and Sorrento
          Carried

Development Agreement as Condition for New Lot Creation

That Council approve direction to routinely require, as a condition of lot creation approval in established residential neighbourhoods, that a Development Agreement be registered on title, and which will address conditions for future development design of the subject lands, including but not limited to site design, site servicing, grading, landscaping, tree protection, access, architectural details and building elevations. FORTHWITH

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

Nays: Councillor Sorrento
           Carried

Timing of Public Meetings and Council Decisions

That Council implements a two-step meeting process for consideration of Official Plan amendments, Zoning By-law amendments, and draft plans of subdivision and condominium, as follows:

“that the required legislative public meeting pursuant to the Planning Act be held for the express purpose of receiving public input on proposed Official Plan amendments, Zoning By-law amendments, and draft plan of subdivision and condominium, and that Council consideration of a staff recommendation report on proposed amendments be made at a subsequent Council meeting.” FORTHWITH

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

Nays:
           Carried

Public Notice for Site Plans

That Council approve direction that, except for minor applications, public notice be given for new site plan approval applications, including major amendments to existing approvals for all types of development, and that a public open house meeting be required to present and discuss the subject application; and

That notice be given to all properties within a 120 metre radius of the subject lands; and

That Council approve direction to establish a platform through the City’s web site to provide systematic notice for all new submissions for all types of development application matters, including consent and minor variance applications. FORTHWITH

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

Nays:
           Carried

Improvements to Committee of Adjustment Notices and Processes

That Council approve direction to extend the timeline for giving Notice of Hearing for Committee of Adjustment applications to 21 days; and

That Notice of Hearing, including posted notice signs, be amended to provide for simpler language, greater transparency, and direction to facilitate enhanced public input opportunities; and

That application forms be updated, and complete application requirements be amended to require more detailed information to evaluate proposals, including submission of concept plans vetted through the Design Review Panel; and

Further, that changes to Committee of Adjustment processes, timelines, Notice requirements and application forms be phased in by September, 2017. FORTHWITH

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

Nays: Councillor Sorrento

Carried

Official Plan Amendment

That Council approve the Official Plan Amendment No. 13 for the Residential Infill and Intensification Development Review as outlined in Appendix 3. FORTHWITH

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

Nays: Councillors Siscoe, and Sorrento
           Carried

Zoning By-law Amendment

That Council approve the Amendment to the City’s Comprehensive Zoning By-law No. 2013-283 for the Residential Infill/Intensification Development Review, as outlined in Appendix 4, and with an additional amendment to the Zoning By-law to increase the maximum lot area requirement for a detached dwelling in the R1 zone from 490 m2 to 538 m2; and

That staff conduct an evaluation of the Zoning By-law Amendment and report back to Council in one year. FORTHWITH

Yeas: Councillors Stevens, Bellows, Garcia, Harris, Kushner, Phillips, and Mayor Sendzik

Nays: Councillors Britton, Elliott, Haywood, Siscoe, and Sorrento
          Carried

Rescind Interim Control By-law

That Council rescind Interim Control By-law 2016-305 on May 8, 2017. FORTHWITH

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

Nays:
          Carried

Administrative Protocol

That pursuant to Section 34 (17) of the Planning Act, no further public meeting is required with respect of the proposed Zoning By-law Amendment; and

That the City Solicitor be directed to prepare the necessary by-laws; 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 decision; and

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

Further, that the Ward Councillors be kept fully informed throughout the process. FORTHWITH

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

Nays:
           Carried

Mayor Sendzik left the chair, and Deputy Mayor Harris assumed the chair.

Notice of Motion

Amendment to Section 2.15.1.1 of Zoning By-law 2013-283, as amended by By-law 2016-148 (Existing Lots - Transition Clause)

Whereas on June 13, 2016, Council approved, as part of the housekeeping amendment to the zoning by-law (By-law 2016-148), a new section, Section 2.15.1.1 allowing all permitted uses within the applicable residential zone, for a transition period of 3 years ending December 31, 2019, for all existing properties without the minimum lot area and minimum lot frontage required by the zoning by-law; and

That this transition period has permitted a number of lots to be overdeveloped with dwelling types that are not compatible with established residential neighbourhoods; and

That staff be directed to pursue a further amendment to the zoning by-law to delete in its entirely Section 2.15.1.1 (the existing lot transition clause) thereby permitting only detached dwellings on existing lots without the minimum lot area and lot frontage required by the zoning by-law. FORTHWITH

       …                                                                                                                                                                                    

Moved By:  Councillor Haywood

That, in accordance with Procedural By-law 2015-170, as amended, article A4, Suspension of Rules, that the rules be suspended to allow the motion to be put forth at the Regular meeting of May 8, 2017.

         Motion to Suspend Rules Carried

Councillors Bellows, Kushner, Siscoe, and Mayor Sendzik left the room, therefore were not present for the vote.

Council now voted on the motion.

Whereas on June 13, 2016, Council approved, as part of the housekeeping amendment to the zoning by-law (By-law 2016-148), a new section, Section 2.15.1.1 allowing all permitted uses within the applicable residential zone, for a transition period of 3 years ending December 31, 2019, for all existing properties without the minimum lot area and minimum lot frontage required by the zoning by-law; and

That this transition period has permitted a number of lots to be overdeveloped with dwelling types that are not compatible with established residential neighbourhoods; and

That staff be directed to pursue a further amendment to the zoning by-law to delete in its entirely Section 2.15.1.1 (the existing lot transition clause) thereby permitting only detached dwellings on existing lots without the minimum lot area and lot frontage required by the zoning by-law. FORTHWITH

Yeas: Councillors Haywood, Phillips, Stevens, Britton, Elliott, Garcia, and Harris

Nays: Councillor Sorrento

Carried

Councillors Bellows, Kushner, Siscoe, and Mayor Sendzik left the room, therefore were not present for the vote.

Mayor Sendzik resumed the chair.

Moved By:  Councillor Elliott

That Council direct staff to award the tender for P13-062-2 St Paul Street / Carlisle Street Streetscaping – Phase 2 to Rankin Construction Inc. in the amount of $1,873,742 plus HST; and

That Council direct staff to award construction administration and inspection services to Upper Canada Planning & Engineering Limited (o/a

Upper Canada Consultants) in the amount of $145,999 plus HST; and

That Council grant approval to use $532,000 from P16-065 Downtown Street system Conversion funded by the 2017 Capital Budget, Road and Drainage Improvement Program to support the funding shortfall; and

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

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

Nays:

Carried

Councillors Britton, Harris, Kushner, and Siscoe left the room, therefore were not present for the vote.

Moved By:  Councillor Haywood

That Council refer the report back to staff in order for the Councillor to ask further questions of staff, and to come back to the meeting of June 12, 2017. FORTHWITH

Motion to Refer Carried

Moved By:  Councillor Britton

That Council direct staff to move the School Zone Maximum Speed Flashers for Eastbound traffic on Scott Street to the westerly side of the Scottlea Gospel Chapel Property. FORTHWITH
         ...

Moved By:  Councillor Stevens

That Council refer the report back to staff in order to report on costs of relocating flashers, as well as installing school crossing signs, keeping in consideration the safety of pedestrians and traffic flow. FORTHWITH
      Motion to Refer Carried

Moved By:  Councillor Britton

That Council support the resolution from the Township of Adjala – Tosorontio, regarding the waiving of taxes on the purchase of a Canadian flag or Canada 150 Anniversary Flag for Canada’s 150th Birthday, and forward our support to the Government of Canada and back to the originating township; and

That staff contact all Niagara MP’s to inquire if their offices provide flags to residents for free; and

That all Canadian Flags are made in Canada. FORTHWITH

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

Nays:

Carried

Moved By:  Councillor Garcia

Whereas the Kiwanis have now met the requirement in Council's amendment approved at the April 24th, 2017 meeting, that the inclusion of the new stage performance area into the project be conditional upon a third party vendor taking over operational costs and programming of the stage;

Therefore, be it resolved, that staff and the Kiwanis can proceed with the stage and other components of the project as per Staff's recommendation that was approved at the same meeting; and

That Council directs staff to make the appropriate changes to the lease agreement with the Kiwanis in a timely fashion so they can still meet their July 1, 2017 target for the grand opening in time for the Canada Day celebrations. FORTHWITH

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

Nays:

Carried

Follow this link to view General Committee Agenda reports of May 8, 2017

That Council approve the property tax rates as detailed in Appendix 1; and

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

Approved on Consent

That Council approve the request from the Ministry of Transportation Ontario, 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 rehabilitation / replacement of three bridge structures – CNR Merritton structure and both Chestnut Street structures and an extension to the northbound on-ramp at Glendale Avenue; and

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

Approved on Consent

That Council approve the prohibition of parking on the south side of Thorncliff Drive from Hartzel Road to a point 70 metres west; and

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

Approved on Consent

That Council grant approval to enter into a Servicing Cost-Sharing Agreement with 1891121 Ontario Inc. (o/a Fruitbelt Developments) for the extension of Dorchester Boulevard from Meredith Drive to approximately 45m south of Meredith Drive including road and underground infrastructure improvements; and

That Council grant approval to use P14-066 George Street, Capital Budget – Road to fund the City’s share of roadway costs in the amount of $50,000; and

That Council grant approval to use P15-041 2015 New Sidewalk Program, Capital Budget to fund the City’s Share of new sidewalk costs in the amount of $8,000; and

That Council grant approval to use P17-119 Design for 2018 Projects, 2017 Water Budget in the amount of $30,000 to fund the City’s Share of the proposed replacement watermain; and

Further that Council direct the City Solicitor to prepare the necessary by-laws and agreements. FORTHWITH
     Approved on Consent

That Council receive and file the items listed within the report save and except Sub-Item 1, and Additional Correspondence received from the Kiwanis Club of St. Catharines; and

That Council receive and file additional correspondence distributed for the meeting held March 27, 2017, which is available upon request, and includes: (1) Minister of Natural Resources and Forestry, regarding land use designation for Brock University, (2) Memo from the Director of Planning and Building Services, regarding approval scenarios for lifting of Interim Control By-law, (3) Memo from the Director of Planning and Building Services, regarding information reports from the Region of Niagara Planning and Development Services, (4) Memo from Acting Director of Parks, Recreation and Culture Services, regarding correspondence from Brenda Niles - rent rates, and (5) Kiwanis Club of St. Catharines, regarding proposed stage at Lock 1, Port Dalhousie project. FORTHWITH
                Approved on Consent

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

Council will meet In-Camera for the following purposes:

•         labour relations or employee negotiations

•         proposed or pending acquisition or disposition of land by the municipality or local board

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

•         additional item regarding labour relations or employee negotiations

Moved By:  Councillor Elliott

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

Carried

There being no further items of business, General Committee adjourned at
10:12 p.m. and City Council reconvened.

Certified Correct:Confirmed by:

___________________________________________________

Council CoordinatorMayor