__________________________________________________________________ __________________________________________________________________ G E N E R A L C O M M I T T E E M I N U T E S TWENTIETH MEETING REGULAR MONDAY, JUNE 20, 2011 Present: Mayor Brian McMullan Councillors Jeff Burch, Dawn Dodge, Mark Elliott, Matthew Harris, Joseph Kushner, Bill Phillips, Peter Secord, Mathew Siscoe, Len Stack, Jennifer Stevens, Greg Washuta, and Bruce Williamson Officials Chief Administrative Officer, Mr. Colin Briggs; Assistant Director of Present: Corporate Support Services, Ms. Jeanette Pillitteri; Director of Financial Management Services, Ms. Shelley Chemnitz; Director of Transportation and Environmental Services, Mr. Paul Mustard; Director of Planning Services, Mr. Paul Chapman; Assistant Director of Recreation and Community Services, Mr. Jim Benson; City Solicitor, Ms. Nicole Auty; Director of Economic Development and Tourism Services, Mr. David Oakes; Director of Fire and Emergency Management Services, Mr. Mark Mehlenbacher; Committee Secretary, Ms. Deanna Haine Mayor Brian McMullan took the chair and called the meeting to order in Council Chambers, City Hall, at seven thirty-five o’clock p.m. Item No. 312 File: 10.12.1 Subject: General Committee Items Approved on Consent RECOMMENDATION That Council approve the Consent items of the General Committee, June 20, 2011, save and except for those items brought forward for discussion, pursuant to Procedural By-law 2007-311, as amended. FORTHWITH. MOVED BY COUNCILLOR WASHUTA That Council approve the Consent items of the General Committee, June 20, 2011, save and except for those items brought forward for discussion, pursuant to Procedural By-law 2007-311, as amended. FORTHWITH. YEAS Councillors Kushner, Phillips, Secord, Siscoe, Stack, Stevens, Washuta, Williamson, Burch, Dodge, Elliott, Harris, and Mayor McMullan NAYS CARRIED UNANIMOUSLY FORTHWITH
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G E N E R A L C O M M I T T E E M I N U T E S
TWENTIETH MEETING REGULAR MONDAY, JUNE 20, 2011
Present: Mayor Brian McMullan Councillors Jeff Burch, Dawn Dodge,
Mark Elliott, Matthew Harris, Joseph Kushner, Bill Phillips, Peter
Secord, Mathew Siscoe, Len Stack, Jennifer Stevens, Greg Washuta,
and Bruce Williamson
Officials Chief Administrative Officer, Mr. Colin Briggs; Assistant
Director of Present: Corporate Support Services, Ms. Jeanette
Pillitteri; Director of
Financial Management Services, Ms. Shelley Chemnitz; Director of
Transportation and Environmental Services, Mr. Paul Mustard;
Director of Planning Services, Mr. Paul Chapman; Assistant Director
of Recreation and Community Services, Mr. Jim Benson; City
Solicitor, Ms. Nicole Auty; Director of Economic Development and
Tourism Services, Mr. David Oakes; Director of Fire and Emergency
Management Services, Mr. Mark Mehlenbacher; Committee Secretary,
Ms. Deanna Haine
Mayor Brian McMullan took the chair and called the meeting to order
in Council Chambers, City Hall, at seven thirty-five o’clock
p.m.
Item No. 312
Subject: General Committee Items Approved on Consent
RECOMMENDATION That Council approve the Consent items of the
General Committee, June 20, 2011, save and except for those items
brought forward for discussion, pursuant to Procedural By-law
2007-311, as amended. FORTHWITH.
MOVED BY COUNCILLOR WASHUTA That Council approve the Consent items
of the General Committee, June 20, 2011, save and except for those
items brought forward for discussion, pursuant to Procedural By-law
2007-311, as amended. FORTHWITH.
YEAS Councillors Kushner, Phillips, Secord, Siscoe, Stack, Stevens,
Washuta, Williamson, Burch, Dodge, Elliott, Harris, and Mayor
McMullan
NAYS
Item No. 313
Date of Report: June 13, 2011
File: 60.35.972
Subject: Amendment to Zoning By-law 68-121 (Zone 2) to Convert
Ground Floor Commercial Space to One Apartment Dwelling Unit – 112
York Street
APPROVED ON CONSENT BY RECORDED VOTE (See Item Number 312 of the
General Committee Minutes, June 20, 2011)
RECOMMENDATION That the report from Planning Services –
Development, dated June 13, 2011, respecting the proposal to amend
Zoning By-law 68-121 (Zone 2) to permit the conversion of ground
floor commercial space to one apartment dwelling unit for lands
known as 112 York Street, be referred to City Council for
consideration after the Public Meeting scheduled for July 11, 2011.
FORTHWITH.
SUMMARY The purpose of the application is to permit the conversion
of ground floor commercial space to one (1) apartment dwelling unit
for a total of four (4) apartment dwelling units (three (3)
existing and one proposed).
BACKGROUND The existing ground floor commercial space has been
vacant for some time, and the owners are interested in converting
the space for residential use. The proposed rezoning would result
in the creation of a four (4) unit apartment building – one (1)
proposed unit and three (3) existing.
REPORT
Site Analysis
a) Location: The property is located in the northeast corner of the
intersection of York Street and Pleasant Avenue (see Appendix
“C”).
b) Existing Land Use: i) Site: There is an existing two storey
mixed commercial/residential
building on the subject property which has frontage of 7.9 m (26
feet) on York Street with a lot area of 233 square metres (2,598
square feet). There are three (3) existing apartment dwelling units
and vacant commercial store front space. One (1) legal parking
space exists at the rear of the building on Pleasant Avenue.
ii) Neighbourhood: North: Mixed Commercial Residential South:
Multiple Residential (apartment building) West: Single Detached
Residential East: Single Detached Residential
c) Official Plan The City’s existing Official Plan designates the
lands Neighbourhood Residential permitting a wide range of
residential uses including apartment buildings. The proposal does
not require an amendment to the Official Plan.
-3- General June 20, 2011
The Garden City Plan (GCP) (adopted by Council August 23, 2010,
currently before the Region for final approval) designates the
lands Neighbourhood Residential permitting all types of residential
uses including apartment buildings. Schedule E4 (Central Planning
District) of the Plan designates the lands Medium Density
Residential which permits detached, semi-detached, duplex, multiple
attached, tri-plex and apartment dwellings at a density range
between 33 and 99 units per hectare of land. The proposal also
complies with the Garden City Plan (GCP).
d) Zoning Zoning By-law 68-121 (Zone 2) zones the subject lands
Neighbourhood Commercial (C3) which permits a wide range of
commercial uses as well as apartment dwelling units behind or above
the commercial use. The current zoning does not allow the entire
use of the building for residential use and, consequently, an
amendment to the zoning by-law is required.
Circulation Comments The application was circulated to all
appropriate departments and agencies.
The Region of Niagara Development Services staff has no objection
to the proposed zoning by-law amendment as it complies with
Provincial and Regional land use policies. However, since the
proposal is to convert commercial use to more sensitive residential
land use, the Region requires the filing of a Record of Site
Condition (RSC) in accordance with Ontario Regulation 153/04.
According to Transportation and Environmental Services, a Record of
Site Condition (RSC) will not be required prior to the issuance of
any building permits based upon a review of Ontario Regulation
153/04.
Recreation and Community Services requests, as conditions of
approval, that the area between the front of the building and the
sidewalk be reinstated from asphalt to sod and a fee of $400 be
deposited in the City’s tree account for a boulevard tree.
Public Open House A public open house was hosted by Planning
Services on May 25, 2011. The purpose of the open house was to
present the applicant’s proposal and allow an opportunity for
questions to be asked and comments to be received by City staff
before decisions are made.
No members of the public attended the meeting.
Planning Considerations Residential intensification in existing
mature neighbourhoods with full urban services is mandated by the
Provincial Greenbelt Act (2005), Provincial Policy Statement (2005)
and in the Growth Plan for the Greater Golden Horseshoe (2006). As
well, it is supported by the Regional Policy Plan. The Provincial
Policy Statement requires that the City provide for an appropriate
range of housing types and densities to meet the requirements of
current and future residents. Increased housing densities are to
take advantage of existing infrastructure and public transit
facilities. The proposal complies with both Provincial and Regional
land use policies.
Section 3 of the Plan states that the goal is to produce and
maintain the opportunity for an adequate supply of dwelling units
in attractive neighbourhoods and to improve the liveability of the
community, improve cost efficiency, support environmental
sustainability and allow for more adaptability and flexibility. One
way to achieve this objective is to allow for a range of housing
types.
Section 3.3 of the Official Plan states that the overall goal of
the residential policies is maintain the character of existing
neighbourhood having regard for context and compatibility. Staff is
of the opinion the proposed conversion of the commercial space to
residential space (one apartment dwelling unit) will improve
compatibility
-4- General June 20, 2011
and enhance the character of the residential neighbourhoods.
Therefore, the proposal is in keeping with the residential land use
policies of the Official Plan.
The new Garden City Plan (GCP) (passed by Council August 23, 2010,
currently awaiting Regional approval) designates the lands
Neighbourhood Residential permitting a range of housing types and
densities subject to the policies of the Plan. Schedule E4, Central
Planning District, further designates the lands Medium Density
Residential permitting apartment buildings as well as other
residential types. Section 8.2 of the Plan promotes residential
intensification where appropriate and compatible in fully serviced
built-up areas. The proposal is deemed to comply with the
Plan.
It is staff’s opinion no significant impacts are anticipated in the
immediate neighbourhood. With the exception of the Record of Site
Condition (RSC), no concerns have been identified by City
departments or outside commenting agencies regarding the change in
land use. As well, no written or verbal submissions regarding the
application have been received from residents in the immediate
area.
With respect to parking, the site will continue to have one legal
parking space in the rear yard with access to Pleasant Avenue. The
parking demand for one apartment unit is less than the parking
demand for a commercial use. Off-site parking opportunities are
available on both York Street and Pleasant Avenue.
The existing building covers 71.9% of the lot, and there is no
landscaped open space. The front of the property is asphalt and
concrete. It is appropriate to retain the rear yard for parking
(refer to Appendix “D”).
There is a concrete walkway along the front wall of the building.
The remainder of the front yard as well as the area between the
front lot line and the curbside sidewalk (boulevard) have been
asphalted. This area has been illegally used for parking in the
past. Staff has no concerns with retaining the concrete walkway
along the front of the building, but recommends that the asphalt
area be returned to landscaped open space. This will improve
overall site design and the esthetic appearance of the property as
well as eliminate illegal and irregular parking. The conversion of
the front yard to landscaped open space better reflects the
residential use of the building.
Since site plan approval does not apply to residential uses with
four (4) units or less, conditions related to the proposed rezoning
will be required to be met prior to the removal of the Holding (H)
designation.
In accordance with established procedures, the date for the public
meeting is provided in the recommendation and notices for the
public meting have been circulated.
Staff Recommendation That approval be granted for an amendment to
Zoning By-law 68-121 (Zone 2), for lands described as Part of Lot
27, Registered Plan CY-96, known municipally as 112 York Street as
follows:
The subject lands be rezoned from Neighbourhood Commercial (C3) to
Fourth Density Residential Holding (R4-H) subject to the following
provisions:
i) Permitted Uses Apartment Building (maximum 4 dwelling
units)
For only the building existing on the date of adoption of this
by-law, the following provisions shall apply:
i) Minimum Lot Area 230 square metres ii) Minimum Lot Frontage 7.9
metres iii) Minimum Front Yard 0.4 metres
-5 General June 20, 2011
iv) v) vi) vii) viii)
Minimum Side Yard Minimum Flanking Yard Minimum Rear Yard Maximum
Lot Coverage Minimum Number of Parking Spaces
0 metres 0 metres 4 metres 73 % One (1) Parking Space
The Holding (H) designation shall be removed by Council, without
further public hearing once:
i) The front yard, except the concrete walkway, has been returned
to landscaped open space to the satisfaction of the Director of
Recreation and Community Services.
ii) The City boulevard has been sodded to the satisfaction of the
Director of Transportation and Environmental Services.
iii) A fee of $400 has been deposited with the City for a boulevard
tree.
and that the City Solicitor be directed to prepare the necessary
by-laws to give effect to Council’s decision;
and that upon expiration of the appeal period, the City Clerk be
directed to forward an application to the Ontario Municipal Board
for approval of the proposed zoning by-law if any appeals are
received;
and further, that Mr. Lou Biagi, 36 Meadowbrook Crescent, St.
Catharines, Ontario L2M 7H1, be so advised.
FINANCIAL IMPLICATIONS Not applicable.
CONCLUSION For the reasons outlined in this report, Planning staff
support the conversion of the vacant commercial space within the
building to an apartment unit. The recommended zone provisions
reflect the existing building and no new additions to the building
are proposed. Conditions to be met as part of the Holding
designation shall improve the streetscape by adding landscaped open
space where asphalt currently exists.
Item No. 314
Date of Report: June 13, 2011
File: 35.31.62
Subject: Niagara Peninsula Rail Service Expansion Class
Environmental Assessment Study and Preliminary Design
COUNCILLOR WASHUTA DECLARED A CONFLICT OF INTEREST (Pecuniary) to
Item Number 314 of the General Committee Minutes, June 20, 2011,
stating that the item relates to his wife’s employer.
APPROVED ON CONSENT BY RECORDED VOTE (See Item Number 312 of the
General Committee Minutes, June 20, 2011)
-6- General June 20, 2011
RECOMMENDATIONS That City Council endorse the extension of rail
service to the Niagara Peninsula in 2015;
and that the service, when instituted, should be to the St.
Catharines VIA station (Option 3);
and that the service should be extended to Niagara Falls as soon as
the issue of rail/ship conflicts at the Welland Canal are addressed
to allow guaranteed crossing times for all passenger trains (GO and
VIA);
and that two way morning and afternoon service be initiated rather
than the traditional to Toronto in the morning peak and from
Toronto in the afternoon peak;
and that St. Catharines Transit provide more detailed information
in future budget submissions on the impact of linking the St.
Catharines Transit Service to GO train weekday service to St.
Catharines as the implementation strategy and site design are
developed;
and further, that the City Clerk be directed to make the necessary
notifications. FORTHWITH.
BACKGROUND In November of 2009, an Environmental Assessment (EA)
and Preliminary Design Study were initiated for GO train service to
the Niagara Peninsula. The study report was posted on the ESR on
May 19, 2011. The study has been completed in accordance with the
GO Transit Class EA process for the expansion of GO train service.
The study reviewed potential sites for new stations, train storage
and maintenance facilities, and also identified potential
improvement to the existing rail line within the corridor.
The deadline for comments is July 3, 2011.
REPORT Report Summary of Key Conclusions The EA report examines the
complete corridor and provides recommendations for the complete
corridor. The earliest that service could begin in the corridor is
2015 if funding is available from the Province. Detailed
engineering designs are required prior to the actual construction
of the proposed improvements. This report addresses matters related
directly to St. Catharines and to a lesser extent to the Niagara
Region.
The EA report recommends seven stations sites:
1. Hamilton – James Street North 2. Hamilton – Centennial
Park/Confederation Park 3. Hamilton – Fifty Road (future site) 4.
Grimsby – Casablanca Boulevard 5. Beamsville – Ontario Street
(future site) 6. St. Catharines – existing VIA station 7. Niagara
Falls – existing VIA station
The report also recommends three train layover areas depending on
what service is implemented:
1. Hamilton – Lewis Road 2. St. Catharines – east of Glendale
Avenue north of the CN mainline 3. Niagara Falls – Existing
yard
-7- General June 20, 2011
The train layover area would accommodate four trains, a crew
centre, a refueling facility, and staff parking.
To implement the extension of GO service, east of Grimsby will
require the double tracking of approximately 4.2 km of track in
Hamilton (already approved as part of an EA for service upgrades in
Hamilton) and 16 km of track between Nelles Road in Grimsby and
15th Street in the Town of Lincoln. The latter can be accommodated
within the existing right of way.
Staff concurs with the recommended station site and train layover
facility potentially located in St. Catharines. There will be
detailed design studies completed for upgraded facilities and
access prior to the implementation of the services. There will be
opportunities for municipal and public input as part of the design
process.
The report recognizes that future grade separation may be required
at Louth Street and Glendale Avenue dependent primarily in future
traffic volumes. These upgrades would be subject to individual
study and are not included in the costs for the implementation of
the train service. These two locations have been identified in the
past as potential grade separation projects.
The report presents 4 options for the implementation of GO service
to Niagara:
• Option 1 – extend to Confederation Station (new) in east end
Hamilton ($177.8 million)
• Option 2 – extend to Casablanca Station (new) in Grimsby ($187.8
million) • Option 3 – extend to St. Catharines ($203.8 million) •
Option 4 – extend to Niagara Falls ($988.6 million)
The EA report does note two specific matters related to
implementation:
1. That Option 2 has the advantage of expanding the service into
the Niagara Region and thus serve the population here better than
Option 1; and
2. That without either a grade separation at the Welland Canal or
guaranteed time blocks for passenger trains, Option 4 is
problematic in terms of reliable service.
Based upon review, it appears that EA has been conducted in
accordance with the requirements outlined in Provincial documents.
Staff has not identified any deficiencies or omissions related to
the information provided for St. Catharines.
Issues There are four issues identified by staff for Council’s
consideration:
1. Where should service go? 2. What type of service should be
provided? 3. What are the implications for the City’s transit
service? 4. What are the land use implications?
Where should the service go? To best serve the entire Region, the
service should be extended to Niagara Falls (Option 4). At the
present time, ships in the Welland Canal have priority over trains.
As such, if service were extended to Niagara Falls, morning and
evening trips could be significantly disrupted. This would make the
service less attractive to the public and likely lengthen the time
for additional service to be provided. There are two solutions to
the canal crossing, a grade separation or guaranteed train time for
the service when the bridges would not be raised for a ship. The
first is very expensive and would have significant land use impacts
as the tunnel approaches would need to be approximately two (2)
miles long on either side of the canal, like the Townline Tunnel in
Welland. The second approach would appear to offer the opportunity
for service at a significantly lower cost to the public and should
be pursued.
-8- General June 20, 2011
In the interim, City staff recommend Option 3. It would bring
commuter rail service to St. Catharines and be better able to serve
the entire Niagara Region in the interim until Option 4 can be
implemented. It is also supportive of the City’s planning and
economic development policies and indeed of Provincial policy
direction outlined in Places to Grow. Bringing GO train service is
seen to support the Urban Growth Centre identified in the Places to
Grow Plan. The arrival of the train service would also be
supportive of provincial direction outlined in the Provincial
Policy Statement (PPS) to encourage strong communities and to
encourage infill and redevelopment in accordance with the PPS. The
commuter rail service would also stimulate the redevelopment of the
Western Hill Neighbourhood in accordance with recently adopted
Garden City Plan. Option 3 is preferred over Option 2 and costs
only approximately 10% more than ending the service at Casablanca
Drive in Grimsby.
If other options are being considered, Option 2, the extension to
the new Casablanca station in Grimsby is preferred over Option 1,
the extension to the new Confederation station in Hamilton.
Two Way Service When GO service is introduced, it normally is
focused on moving people into the GTA in the morning rush hour and
out of the GTA in the evening rush hour. To gain maximum benefit
for St. Catharines and Niagara Region, morning and evening service
should be two way. This provides the opportunity for those living
in Hamilton and beyond to commute into St. Catharines and Niagara
for work. This type of service would have significant economic
benefits and assist in the implementation of the Urban Growth
Centre identified in the Places to Grow Plan. It would also assist
educational institutions such as Brock University, Niagara College
and Ridley College in attracting students. With the new hospital
being located in west St. Catharines, there may also be benefits to
the Niagara Health Systems in attracting staff to work in their
system.
The EA report identifies a significant component of travel into the
Region in the morning peak. This type of service would better serve
these needs.
Implications for Transit Based on standard GO operating procedures,
the following changes would be considered:
1) One bus route from the north end of the city to connect the GO
train;
2) One bus route from the south east end of the city to connect to
the GO train.
Based upon available information, these routes would operate with
four (4) trips in each of the morning and evening rush hours. The
net additional operating cost would be approximately $300,000 per
year. The existing Route 15 (West St. Catharines) would also serve
the station, but would not be modified.
Without more detailed information in terms of proposed train times,
the layout of the station grounds and the amount, if any, of GO bus
service to the GO train, it is difficult to provide specific
comments. As these details become available, these proposals would
be modified. Staff would be reporting to the Commission as soon as
information is available.
Land Use Implications Council has recently adopted a new Official
Plan that is awaiting approval at the Region. This plan contains a
District Plan that was developed from the Western Hill
Revitalization Strategy. The Strategy was based in part on the GO
train coming to St. Catharines and resulting land use changes.
These changes would impact the lands in and around the station
site, on St Paul Street West, and in the old commercial core of
Western Hill. The sooner that the GO train service comes to St.
Catharines, the sooner the land use changes could potentially start
to occur.
-9- General June 20, 2011
Council should be aware that the eastern end of the TRW property
would likely be affected by the new GO service as part of the site
would be required for bus parking and related facilities. These
facilities would be linked through a tunnel under the tracks to the
station building for access to GO ticketing and train access.
FINANCIAL IMPLICATIONS The financial implications for the City
relate to the need for upgraded city bus service and possible
road/access improvements in the future. These are unknown until
detailed designs are completed. The Transit Commission will be
providing more detailed information in the future concerning this
matter as part of budget submissions.
NOTIFICATION 1) That a copy of this report be forwarded to Mr.
Andreas Grammenz, EA Project
Leader, GO Transit, 20 Bay Street, Suite 600, Toronto, ON M5J 2W3
and Mr. Leonard Rach, Project Manager, R. J. Burnside &
Associates Limited, 15 Townline, Orangeville, Ontario, L9W
3R4.
2) That the Clerks of all area municipalities and the Niagara
Region be provided a copy of the report.
3) That all MPPs from Niagara be provided a copy of the
report.
Item No. 315
Date of Report: June 10, 2011
File: 35.60.30
Subject: District School Board of Niagara Accommodation
Review
COUNCILLOR SISCOE DECLARED A CONFLICT OF INTEREST (Pecuniary) to
Item Number 315 of the General Committee Minutes, June 20, 2011,
stating that the subject matter relates to his employer.
COUNCILLOR WILLIAMSON DECLARED A CONFLICT OF INTEREST (Pecuniary)
to Item Number 315 of the General Committee Minutes, June 20, 2011,
stating that the subject matter relates to his employer.
APPROVED ON CONSENT BY RECORDED VOTE (See Item Number 312 of the
General Committee Minutes, June 20, 2011)
RECOMMENDATION That the report from Planning Services – Policy,
dated June 14, 2011, regarding the District School Board of Niagara
(DSBN) Accommodation Review Study, be received for information
purposes;
and that staff consult with representatives of the City of Thorold
to identify common concerns and issues;
-10- General June 20, 2011
and that staff, in conjunction with the Region and other
municipalities, work with DSBN staff to identify common issues and
approaches that can be taken to these problems including but not
limited to changes in Provincial policy. FORTHWITH.
SUMMARY The purpose of this report is to outline the process the
DSBN will be undertaking to determine a course of action to deal
with the problem of a decreasing enrolment and aging school
facilities. This report also stresses the importance of assessing
the potential impact of altering the school structure on the City’s
new direction in terms of sustainable development and complete
communities.
BACKGROUND A Facility Report for the DSBN undertaken in the Spring
of 2011 documented trends showing decreasing enrolment for both
elementary and secondary schools in the Region as well as an
increasing financial impact of maintaining aging school facilities.
The DSBN subsequently approved an in-depth accommodation review
process.
REPORT A number of factors such as changing demographics (an older
population) and a declining manufacturing sector which limits
employment opportunities have led to a significant declining school
enrolment. Between 2006 and 2009, elementary school enrolment
declined by 20% (5,717 students) and is expected to decline by
another 2,968 by 2020. Similarly, secondary enrolment declined by
7% (1,076 students) and is expected to decline by another 3,106 by
2020.
In addition, the DSBN has some of the oldest facilities in Ontario
with approximately 80% of school facilities being in excess of 40
years old. Short term solutions such as repairing and upgrading
these facilities are becoming increasingly cost prohibitive.
To deal with these growing problems, the DSBN is undertaking an
accommodation review process which will examine a variety of
options including consolidation of schools, renovating schools,
school closures, and building new schools. A number of
accommodation review committees (ARC) will be established. Each ARC
will take approximately 7-8 months. The entire process will be
completed in three years.
The process will include an extensive public participation
component including municipal involvement. Municipal involvement is
crucial in that there may be potentially significant impacts on the
City of changing the school structure.
For St. Catharines, the following areas and schools are proposed to
be subject to review:
• Phase 1 – Central and South St. Catharines and Thorold Secondary
– Thorold Secondary School, Sir Winston Churchill Secondary School,
West Park Secondary School, St. Catharines Collegiate, Kernahan
Park Secondary School;
• Phase 2 – Central St. Catharines Elementary Schools – Maywood,
Memorial, Alexandra, Connaught
• Phase 3 – North St. Catharines Elementary Schools – Carleton,
Dalewood, E.I. McCulley, Lincoln Centennial, Meadowvale, Parnall,
Prince Phillip, Prince of Wales, Sheridan Park
The process for review follows provincially established guidelines
and involves the creation of a multi stakeholder committee
including representatives of DSBN staff, teaching staff, parents,
and community partners. Public consultation is included in the
process. DSBN requested that the City name a person to sit on the
committee for the ARC for the high schools, and Judy Pihach,
Manager of Planning Services has been appointed by the CAO to
represent the City.
-11- General June 20, 2011
St. Catharines has recently approved a new Official Plan – the
Garden City Plan, which provides direction based on the concepts of
sustainability and complete communities. These concepts basically
support a compact, walkable, well connected community that is
economically, environmentally, socially, and culturally
sustainable. It should be noted that these concepts are also
Provincial directives that municipalities are obligated to
implement.
Schools, particularly elementary schools, can play an integral
role, not just as educational institutions, but as community
anchors that support greater community interaction and stronger
community identity and cohesion. It is imperative, therefore, that
any study to determine future school structure takes into account
the effect on the entire community.
The provision of facilities and the allocation of staff and
financial resources required to educate children is clearly the
mandate of the DSBN, not the City. However, schools, elementary
schools in particular, have been the focus of traditional and
suburban neighbourhoods. With changing demographics including an
aging population and lower birth rates, the traditional pattern of
school locations is difficult to maintain given current educational
funding models and approaches to education. It now takes a much
larger developed area to fill an elementary school than in
1960.
Although the outcome of any ARC cannot be predetermined, it is
clear that the existing system has significant surplus capacity and
that there are financial implications on maintaining the current
system that could impact the quality of education for the student.
There will likely be recommendations for some closings.
In addition to the school supply issue, there are also broader
community concerns that must be considered. The Provincial Policy
Statement calls for the development of strong communities. Efforts
to infill and revitalize older neighbourhoods are in areas where
many of the schools with significant surplus capacity are located.
In the past, parents have often sought locations close to
elementary schools so that their children can walk to school.
Today, with concerns with child safety and often two parents
working, driving children to school has become a more accepted,
albeit, perhaps undesirable norm. Closing of local schools means
that more students are bussed, and this has implications for the
health of our young people. The loss of an identifiable
neighbourhood centre is also a community consideration. If existing
neighbourhoods are to be revitalized with a diverse population, the
lack of elementary schools could be a significant locational
decision making factor for young families.
The ARC process also creates some opportunities. Although a
building may be too large for the school needs, there are other
community facilities that can be provided to assist with keeping
school buildings open. Traditionally, such uses have included day
care facilities, but in the future they could include uses such as
local public health outreach offices, municipal recreational
programming, medical clinics, and space for community centres.
Clearly, uses such as non-profits that have limited capacity to pay
for space can use the space but do little to address the cost of
maintaining facilities.
Closed school sites are also potential redevelopment infill sites.
This is one means of the city achieving its infilling goals.
Schools with larger sites and depending upon their location may be
appropriate for medium and higher density developments. Larger
sites for infilling allow more flexibility in site design and in
providing a variety of housing types.
In 2009, the Smarter Niagara Steering Committee (SNSC) established
a working group to look at the relation between schools, community,
and the Region’s smarter growth program. This working group is
expected to report later this year. There may be recommendations
from their work that will inform the discussions in the ARCs.
-12- General June 20, 2011
Given that one of the high schools in the Phase 1 review is located
in Thorold, it would be desirable for municipal representatives to
meet to discuss common concerns.
The creation of healthy, diverse neighbourhoods is a goal of
community planning. Discussion with the DSBN in terms of
problems/inequities with the current funding model should also be
considered. The potential conflicts between the intent of the
Provincial Policy Statement and other ministerial guidelines and
funding should also be explored.
FINANCIAL IMPLICATIONS There are no financial implications.
CONCLUSION The DSBN is undertaking a study to deal with serious
problems regarding decreasing enrolment and aging school
facilities. Solutions may include school closures, building new
schools, consolidating schools, and renovating schools. At the same
time, the Municipality has recently approved a new Official Plan
based on the principles of sustainability and complete communities.
Schools have traditionally been an integral part of the community
and it is imperative that the Municipality participate in the DSBN
process and establish the complete communities concept as a major
criterion in the decision making process.
Item No. 316
Date of Report: June 16, 2011
File: 35.23.45
Subject: Development of Alternative Growth Scenarios to Support
Resolution of Appeals to the Region of Niagara Policy Plan
Amendment 2-2009
APPROVED ON CONSENT BY RECORDED VOTE (See Item Number 312 of the
General Committee Minutes, June 20, 2011)
RECOMMENDATION That the City of St. Catharines not support any of
the four alternative reallocation growth scenarios currently
prepared by the Region of Niagara in response to the appeal lodged
to the Ontario Municipal Board against Regional Policy Plan
Amendment 2-2009 (RPPA 2-2009) by the Township of West
Lincoln;
and that the Clerk be directed to make the necessary notifications.
FORTHWITH.
SUMMARY The Township of West Lincoln has lodged an appeal to the
Ontario Municipal Board against Region of Niagara Policy Plan
Amendment 2-2009. The appeal is based on concerns by West Lincoln
that population, household and employment growth allocations
contained in the Regional Policy Plan Amendment are inadequate to
accommodate West Lincoln’s growth expectations and application for
an urban area boundary expansion. In response, the Region has
prepared alternative growth
-13- General June 20, 2011
scenarios in an attempt to resolve the appeal prior to an Ontario
Municipal Board hearing. The alternative growth scenarios affect
all local municipalities in the Region. Planning Services staff do
not support any of the alternative growth scenarios put forth by
the Region to date, as they will significantly compromise the
City’s ability to achieve the land use planning framework and
growth directives established in the City’s new Official Plan, the
Garden City Plan and Provincial policy direction in the Places to
Grow Plan.
BACKGROUND In May 2009, the Region of Niagara adopted Amendment
2-2009 (RPPA 2-2009) to the Region of Niagara Policy Plan. The
Amendment incorporates policy requirements from the Provincial
Places to Grow Act as well as growth directives and forecasts
established in the Niagara 2031 Growth Management Strategy
completed in 2009. The Growth Management Strategy directive and
forecasts establish population, household and employment
allocations to the year 2031 for each of the 12 local
municipalities within the Region (see Appendix “E”). Each local
municipality is required to incorporate the growth allocations
within the local Official Plan, and establish appropriate land use
planning policies to facilitate the allocation.
Amendment 2-2009 has been appealed to the Ontario Municipal Board
by a number of parties, including the Province and the Township of
West Lincoln. One of the concerns of West Lincoln is that growth
allocated to that municipality through Amendment 2-2009 is
inadequate to accommodate West Lincoln’s growth expectations and
application before the Region for an urban area boundary
expansion.
The processing of appeals to Amendment 2-2009 before the Ontario
Municipal Board has, however, been deferred to first allow
opportunity to resolve issues of appeal by resolution rather than
hearing.
In response, and in support of West Lincoln’s concerns, the Region
has developed four (4) new scenarios for re-allocating future
population, households and employment across the Region, and which
impacts growth allocation to all 12 local area municipalities.
These are identified as Scenarios 2 - 5 in Appendix “E”.
The Region has not endorsed the principle of reallocation nor any
of the four (4) alternative scenarios, but rather, is offering the
scenarios as potential solutions to West Lincoln’s concerns. At
this time, Regional Council has directed that the reallocation
scenarios be circulated to local area municipalities for review and
comment.
REPORT Current Growth Allocation The City’s new Official Plan, the
Garden City Plan, incorporates 2031 population, household and
employment allocations established for St. Catharines that are
contained within Regional Policy Plan Amendment 2-2009. These
allocations were derived through the Niagara 2031 Growth Management
Strategy in consultation with the municipality, and are as
follows:
Population Households Employment
4,130
The allocations are relatively modest in terms of overall growth.
They are based on estimated capacity of potential development on
the City’s vacant residential and employment land supply; the
accommodation of minimum population and employment density targets
established for the City’s Urban Growth Centre (Downtown) by the
Provincial Places to Grow Plan; and allowance for intensification
and redevelopment opportunities along the City’s major road and
intensification
-14- General June 20, 2011
corridors, mixed use areas, at major nodes, and on brownfield and
greyfield development sites in keeping with Provincial and Regional
intensification policies and targets.
Alternative Growth Allocations The four alternative growth
scenarios are included in Appendix “E”. All of the alternative
growth scenarios proffered by the Region of Niagara represent a
significant reduction to the current allocation of population,
households and employment to the municipality.
Three of the alternative scenarios reduce the City’s 2031
population forecast by between 45% and 54%, and under the other
scenario, the forecasted 2031 City population is less than
estimated current 2011 City population.
All four of the alternative scenarios reduce the City’s 2031
household forecast by approximately 33%, and reduce the 2031
employment forecast by approximately 40%, with one scenario
reducing the 2031 employment forecast by 80%.
The reductions in growth allocation is of such degree that it
compromises the overall rationale and basis for which the land use
planning framework in the Garden City Plan was established. It also
compromises the City’s ability to support overall Provincial and
Regional land use policy directives established in Provincial
Policy Statements and the Places to Grow Plan, including the
achievement of minimum density targets established for residential
and employment growth in the Urban Growth Centre (Downtown), and
intensification and growth opportunities elsewhere.
The Township of West Lincoln as an alternative to resolve the
matter has proposed that West Lincoln be allowed to “borrow” growth
in early years of the planning period and “repay” it in later
years. This option is also not acceptable to City staff for the
same reasons previously outlined.
FINANCIAL IMPLICATIONS Not Applicable.
CONCLUSION Staff do not support any of the four alternative
reallocation growth scenarios proffered by the Region of Niagara.
All four scenarios will significantly reduce 2031 population,
household and employment growth currently allocated to the
municipality, and in a manner that compromises the ability of the
municipality to achieve the overall land use planning framework
established in the Garden City Plan, as well as to support
Provincial and Regional land use planning policy and
interests.
NOTIFICATION It is in order to advise Mr. Patrick Robson,
Commissioner, Integrated Community Planning, Region of Niagara and
all other local area municipal Planning Directors within the Region
of Niagara.
-15- General June 20, 2011
Item No. 317
Date of Report: June 13, 2011
File: 16.19.1, 68.32.1
Subject: Proposed Transient Dockage Policy and Procedures
APPROVED ON CONSENT BY RECORDED VOTE (See Item Number 312 of the
General Committee Minutes, June 20, 2011)
RECOMMENDATION That Council approve the proposed Transient Dockage
Policy and Procedures. FORTHWITH.
BACKGROUND The intent of this report is to recommend transient
dockage policy and procedures to properly enforce transient dockage
fees at the Port Dalhousie Harbour.
Current Operations The Corporation of the City of St. Catharines
leases the Port Dalhousie Harbour from the Federal government and
manages its operation. One component of the Harbour operation is
the management of transient dockage on the West Pier.
The management of transient dockage is staffed by summer students
with the main task to collect transient dockage fees from visiting
boaters based on the approved rates and fees. The Port Dalhousie
Harbour is currently open for transient dockage from Victoria Day
weekend through to Thanksgiving weekend. Harbour attendants are
scheduled for weekends (Friday evening, Saturday and Sunday) from
Victoria Day weekend until mid June, daily from mid June until
Labour Day, and as required on weekends from Labour Day to
Thanksgiving weekend. Transient dockage fees are collected between
the hours of 10:00 a.m. to 9:00 p.m.
Upon a boater docking on the West Pier, a harbour attendant will
make contact with the boat owner and complete the required
paperwork and collect fees for use.
Challenges On occasion, the harbour attendant is met by a boater
who does not pay or has left their vessel prior to making payment.
Currently, there is no policy in place to deal with the boater who
does not pay. When a situation of this nature occurs, the harbour
attendant places a “Sorry we missed you” tag on the boat indicating
that payment is required and logs the boat information in the
Harbour log sheet.
In previous years, staff have attempted to make contact with the
boat owner to either receive payment or to request that they leave
the harbour. This was met with limited success as more often than
not the boat owner would not be present at their vessel during
harbour operations or refused to pay. Complaints were received from
other boaters and members of the public seeing this as an unfair
process.
REPORT Council approval of the proposed transient dockage policy
and procedures will provide staff and the Niagara Regional Police
with the authority to effectively regulate and enforce penalties
for unauthorized anchoring or mooring in the Port Dalhousie
Harbour.
The proposed policy and procedures are similar to the policies and
procedures of our municipal counterparts who also have transient
dockage (Appendix “F“). Staff
-16- General June 20, 2011
have received guidance from the Department of Ocean and Fisheries,
Small Craft Harbour through conversations regarding the development
of a policy and procedures for transient dockage.
Policy The Port Dalhousie Harbour West Pier is designated for
transient dockage. A fee for service is required to for all vessels
to dock.
Boaters, who fail to pay for dockage will be subject to additional
measures in ensuring collection of fees, up to and including being
charged under the Trespass to Property Act.
Procedure Step One: Harbour attendant approaches boat, records
pertinent information
(date, time of arrival, type of vessel, registration number, length
of vessel, name of vessel). If no one is on board, a “Sorry we
missed you” tag is placed on the vessel.
Tag indicates to boat owner the amount due, how/where to make
payment, and ramifications for failing to make payment including
potential charges to Trespass to Property Act.
Harbour attendant to monitor vessel to collect payment.
Step Two: If no payment is received, staff will attempt to make
contact with the boater to ensure payment is made. In the event of
failure to make contact with the boater, additional notification
will be left on the vessel advising the operator of the vessel that
payment is required or require to vacate the transient dockage area
and harbour.
Step Three: If no payment is received after additional notification
and the vessel is still docked within transient dockage, staff will
contact the Niagara Regional Police to dispatch a patrol to the
harbour and have the boater charged under the Trespass to Property
Act.
The above policy will permit enforcement and action for transient
dockage within the Port Dalhousie Harbour.
Signage Upon the approval of the transient dockage policy and
procedure, signage will be secured and erected with the Port
Dalhousie Harbour stating the following:
“Be advised dockage only permitted upon payment of applicable fees
to harbour attendant. Vessels docked without making payment are
deemed to be trespassing and may be charged pursuant to the
Trespass to Property Act. Violators will be prosecuted.”
FINANCIAL IMPLICATIONS The projected increase in annual transient
dockage revenue with the approval of this policy is $1,887, based
on 2010 data. Staffing costs will not be affected.
There will be costs incurred for signage and printing for the
implementation of the policy, which have been allocated in the 2011
Operating Budget.
CONCLUSION With the implementation of the transient dockage policy
and procedures, staff will be better positioned to ensure all
boaters pay for dockage. Additionally, the image of a fair and
equal operation will assist in attracting new and retaining
existing members of the boating community to the Port Dalhousie
Harbour.
-17- General June 20, 2011
Item No. 318
Date of Report: June 16, 2011
File: 16.7.99
Subject: Council Direction to Declare Surplus, 51 Lake Street at
Wellington, 26 Wellington Street, 136 James Street at Raymond
Street, Realty File: 11-34
APPROVED ON CONSENT BY RECORDED VOTE (See Item Number 312 of the
General Committee Minutes, June 20, 2011)
RECOMMENDATION That the properties legally described below and
illustrated on the aerial photograph attached as Appendix “G” be
declared surplus and that staff be directed to begin the disposal
process according to policy and procedures set out in By-law 2007
309, as amended:
1. 51 Lake Street, commonly referred to as the “Lake/Wellington
Parking Lot”; described as being Lots 650, 652 and part of Lot 637
Corporation Plan 2 in the geographic Township of Grantham, except
Part 1 shown on reference plan 30R-4663, Part 1 shown on reference
plan 30R-7159 and Part 1 shown on reference plan 30R-1676 and
Instrument No. 269545 (73), in the City of St. Catharines, Regional
Municipality of Niagara and identified in the Land Titles Office by
PIN 46216-0121, having a land area of approximately 5,317 square
metres (1.3 acres more or less), which after the City requirement
for a 5 metre road widening is 4,750 square metres (1.17 acres more
or less).
2. 26 Wellington Street, described as being Lots 623, 624, 625,
626, 627, 628, 629, 662, 663 and 664, Corporation Plan 2 in the
geographic Township of Grantham, except Part 1 shown on reference
plan 30R-11712 in the City of St. Catharines, Regional Municipality
of Niagara and identified in the Land Titles Office by PIN
46221-0282, having a land area of approximately 2,995 square metres
(0.74 acres more or less)
3. 136 James Street, described as being Lots 520, 521, 522, and
523, Corporation Plan 2 in the geographic Township of Grantham,
City of St. Catharines, Regional Municipality of Niagara and
identified in the Land Titles Office by PIN 46221-0008, having a
land area of approximately 2,781 square metres (0.68 acres more or
less) commonly referred to as the “Raymond Street Parking Lot” and
having a right-of-way over part of the northerly 12 feet
(approximately 90 square metres).
and that the City Solicitor be directed to prepare the necessary
by-law. FORTHWITH.
SUMMARY Interest in development of the three City owned properties,
shown on attached Appendix “G”, two of which currently operate as
municipal surface parking lots, prompted staff to further examine
the potential of the properties. Staff recommends the three parcels
of land described above be declared surplus to ensure that all
interested parties have an opportunity to make proposals.
Replacement of existing parking must be addressed in any potential
development. Other City requirements must also be examined and
resolved before staff would recommend disposal.
BACKGROUND On March 28, 2011, Council approved a report from
Economic Development and Tourism Services to declare the air rights
of various City owned properties as
-18- General June 20, 2011
surplus. The purpose of only declaring the air rights as surplus
was to keep the City surface parking rights while encouraging
growth and intensification of Downtown St. Catharines.
Once the air rights were declared surplus, an expression of
interest was issued in hopes of attracting development to the
City’s downtown core. Only one expression of interest was received.
As the submission went beyond the scope of the expression of
interest, the developer submitting the proposal was advised that
the City was not in a position to act on the submission as
presented.
REPORT Development Potential Downtown area parking continues to be
a challenge for development. For this reason, the City controls and
ensures sufficient parking is available. This is the reason that
only air rights were offered as surplus.
Although the expression of interest for air rights was
unsuccessful, interest in developing the properties resulted. If
the parking can be replaced to the satisfaction of Council and
staff, these properties could be developed to their potential
without severely impacting those in the area that depend on
available parking.
Publicly declaring the properties as surplus opens development
opportunities allowing for competition and fairness.
Description of Properties The property at 51 Lake Street is a large
paved surface parking lot on the north west corner of Lake Street
and Wellington Street. There are 151 parking spaces. This lot is a
monthly permit lot which is oversold regularly. It primarily
services office working in the area bounded by Church Street, Queen
Street Welland Avenue and Clark Street.
The property at 26 Wellington Street is a vacant parcel of land
just east of Lake Street.
The property at 136 James Street is a paved surface parking lot on
the north east corner of James Street and Raymond Street. There are
74 parking spaces. The lot is a daily paid parking lot which
services short term and daily needs of the Courthouse and other
professions and commercial businesses in the area. This parking lot
is highly utilized.
Parking Alternatives Two of the above properties provide 225
parking spaces that are in demand. Before selling any of the above
properties, the parking must be addressed. If these parking spaces
could be replaced by a purchaser, the needs of the City would be
satisfied and the properties could be developed to their
potential.
The terms of the replacement parking would have to be very
explicit. The details would be brought to Council as an intricate
part of any offer received. Some pressure will be taken off the two
parking lots when the new parking garage opens; however, they will
continue to have strong demand due to the lower rates charged for
surface parking lots.
Accommodation for existing parking must be resolved before any
development can occur. It is for this reason that the vacant parcel
on Wellington Street is proposed to be offered as surplus with the
two surface parking lots.
City Requirements The City will have various requirements that must
be addressed before any of the properties can be sold. These needs
are currently under review by Transportation and Environmental
Services.
-19- General June 20, 2011
Policy City By-law 2007-309, as amended, establishes procedures for
the sale and disposition of City owned land. Passing of a by-law to
declare the City land as surplus at an open session Council meeting
is the first requirement. The by-law also requires that public
notice be given by advertising on the City’s website, placing “For
Sale” signs on the property, and notification to the Niagara Region
and the School Boards. Upon approval of this report, signs will be
placed on the properties and an advertisement will be placed on the
City’s website.
FINANCIAL IMPLICATIONS This report triggers market value appraisal,
Phase 1 Environment reports, and advertising costs estimated to be
in the area of $18,000 with the vision of recouping the expenses
through a sale of the properties.
CONCLUSION Based on the potential for development of three City
owned parcels of land and the interest generated by a request for
proposal, staff recommends the three properties be declared surplus
in order that staff can further investigate the development
opportunities.
Item No. 319
File: 68.45.12
Subject: Place Branding Initiative
APPROVED ON CONSENT BY RECORDED VOTE (See Item Number 312 of the
General Committee Minutes, June 20, 2011)
RECOMMENDATION That Council receive the report for information
purposes. FORTHWITH.
SUMMARY Increasingly, municipalities in Canada are recognizing the
importance of developing a place brand to help position them in
attracting businesses and visitors. While this is becoming a
must-have for communities of all sizes, the costs to develop a
brand can be significant.
By using in-house expertise, existing resources and partnerships
with community partners, the City of St. Catharines can develop a
place brand for a minimal cost.
BACKGROUND During the 2011 budget deliberations, Economic
Development and Tourism Services (EDTS) requested funds to develop
a place brand for the City of St. Catharines. That request was put
on the unaccommodated list and was not funded.
As a result, EDTS and Corporate Communications staff have developed
a workplan with the intent to engage in the first phase of a place
branding exercise using existing resources.
REPORT Traditionally, branding has been associated with consumer
goods, but increasingly over the last 10 years, cities and even
entire countries are realizing the benefits of developing a
brand.
Cities are constantly competing with other communities for
attention, investment, visitors, talent and events. With
globalization, this competition is not just coming from
neighbouring communities, but from cities worldwide.
Your brand is your promise Place branding can help in attracting
this much sought after attention by succinctly sending a message
about what to expect in your city. In addition to providing an
image of your community to others, branding also has benefits to
the corporation by acting as a compass to help guide actions and
decisions in other areas.
Simply put, place branding is a promise about your community’s
value and where it is headed. But in order for the brand to be
successful, and in turn the community it represents, above all else
it must be true. If it is not true, it will fail.
Brand is not a logo It should be noted, that a brand is not a logo.
A logo is a visual representation of the brand.
Although logos are an important part of implementing a brand, they
are not developed until the brand has been determined.
No strong brand for St. Catharines Determining what the city’s
brand is requires an honest discussion about what St. Catharines
offers and will offer in the future. It needs input from residents,
employees, visitors, and business people about our strengths and
weakness. Since place branding is a promise of our value, it also
requires help from our community stakeholders to develop our brand
promise options based on this feedback.
These interactions teach us how others view St. Catharines. While
no one wants to hear the negatives, as a municipality, we need to
know what people honestly think if we want to fully address the
issue of brand identity.
Developing a place brand Although it may sound easy, developing a
brand takes a great deal of input and time. For that reason, many
municipalities opt to engage a marketing agency specializing in
branding exercises. Some examples of the branding process followed
by other municipalities are listed below.
City of Vaughn – Hired a marketing agency to conduct market
research and develop a brand at a cost of $28,000. This phase
included surveys, public meetings and focus groups. Implementation
of the brand was phased over two years and with costs estimated
between $100,000 and $200,000.
City of Cambridge – Hired a marketing agency to conduct market
research and develop a brand at a cost of $25,000. In addition to
data collection as outlined in the Vaughn example, this amount also
included logo development. Implementation costs are over and above
this amount.
City of Oshawa – Spent $100,500 to conduct market research and
develop a new brand using a marketing agency. The process included
extensive public consultations, including one-on-one interviews.
Implementation cost an additional $108,000.
A St. Catharines branding exercise Staff from Economic Development
and Tourism Services and Corporate Communications met in
consultation with academic staff from Brock University’s Faculty of
Business to determine if a branding initiative could be done in
house. The
-21- General June 20, 2011
result of this discussion was that the City, with the assistance of
Brock University, could begin a branding initiative using existing
resources.
Much of the cost associated with establishing a place brand is
spent conducting research, in the form of surveys and focus groups,
which is extremely time consuming. To reduce costs, it was felt
that this could be done by existing City staff. Using City staff to
conduct surveys and focus groups will take longer than using a
marketing firm; however, the results will be comparable.
Surveys will be distributed electronically using the City’s
website, will be published on the City Page, and hard copies will
be available at customer service counters and community centres.
Surveys will also be distributed by the City’s tourism
partners.
Using information collected from the survey, the City will host
focus groups for each employees, residents and businesses. A
community open house will also be held to collect feedback.
The information collected will form the base on which the brand is
developed.
The City and Brock University are currently in discussions to make
this phase of the process part of the course work for marketing
students during the 2011/2012 school year. In this scenario,
students would use the data collected to propose a brand and
develop a strategy.
Typically, the company that completes the research would also be
responsible for developing the brand. However, by partnering with
Brock University, this could be done at no cost. Again, this part
of the process will take longer than with an agency; however, an
advantage of having this done as part of a class project is that
the City will likely receive multiple submissions to review.
Following the establishment of the brand, the next phase will be to
implement the brand, including updating the City’s logo and
marketing the new brand. These costs would include new signage,
stationary, uniforms, vehicle decals, and advertising. The costs of
this phase can vary greatly depending the timeline and scope. Staff
anticipates making a request during the 2012 budget deliberation to
support this phase.
FINANCIAL IMPLICATIONS There are no financial implications for the
Corporation from engaging in the initial phases of the place
branding plan as described in this report. Incidental costs can be
accommodated in existing budgets. Staff plan to make a request
during the 2012 budget deliberations for funding to develop a new
logo and implement the brand and logo.
CONCLUSION Municipalities are becoming increasingly savvy when it
comes to attracting new businesses and visitors. To ensure that St.
Catharines can remain competitive, it needs to develop a place
brand that speaks to investors, tourists and residents. This need
must be balanced by the municipality’s ability fund a place
branding exercise.
The plan as developed by staff will achieve the goal of a place
brand for the City of St. Catharines while being mindful of
costs.
-22- General June 20, 2011
Item No. 320
File: 10.57.99
Subject: Property Tax Rebate for Vacant Commercial and Industrial
Buildings
APPROVED ON CONSENT BY RECORDED VOTE (See Item Number 312 of the
General Committee Minutes, June 20, 2011)
RECOMMENDATION That the necessary vacancy rebates pursuant to
Section 364 of The Municipal Act, in the amount $140,066.77, be
approved in accordance with the list submitted by Financial
Management Services, dated June 20, 2011 (see Appendix “H”
attached). FORTHWITH.
SUMMARY Section 364 of the Municipal Act and Ontario Regulation
325/01 provides for rebates for vacant commercial and industrial
property owners.
BACKGROUND Section 364 rebate applications are received in
Financial Management Services, forwarded to M.P.A.C., where the
amount of reduction is calculated in assessment dollars and
returned to the Municipality to complete the processing.
REPORT Applications are made under the following
requirements:
A) a whole commercial or industrial building was unused for at
least 90 consecutive days.
B) a suite or unit within a commercial building was unused for at
least 90 consecutive days; and it was clearly delineated or
physically separated from the used portions of the building; and it
was either
i) capable of being leased for immediate occupation, or ii) not
capable of being leased for immediate occupation because it
was
undergoing repairs or renovations, or it was in need of repairs or
renovations
iii) or it was unfit for occupation C) a portion of an industrial
building was unused for at least 90 consecutive days;
and it was clearly delineated or physically separated from the used
portions of the building; and it was unused.
Properties which are not eligible: Seasonal businesses during the
off-season, vacant portions of a building which are leased to a
tenant and new buildings that have never been occupied (vacant land
sub-class).
FINANCIAL IMPLICATIONS Total Vacancy Rebate: $140,066.77 as listed
on Appendix “H”.
Item No. 321
File: 10.12.13
Subject: Correspondence List for the Mayor and Members of
Council
APPROVED ON CONSENT BY RECORDED VOTE (See Item Number 312 of the
General Committee Minutes, June 20, 2011)
RECOMMENDATION That the Correspondence List for the Mayor and
Members of Council, dated June 20, 2011, be approved.
FORTHWITH.
REPORT Corporate Support Services – Clerks has submitted for the
approval of Council, a Correspondence List comprised of various
communications (see Appendix “I” attached).
Item No. 322
Date of Report: May 30, 2011
File: 68.31.192
Subject: Proposed Diseased Fruit Tree By-law and Associated Rates
and Fees
RECOMMENDATION That the proposed diseased fruit tree by-law report
be approved;
and that the Rates and Fees By-law be amended to reflect the actual
cost of clearing diseased fruit trees, a 10% penalty and 10%
overhead charge;
and that the City Solicitor be directed to prepare the necessary
by-law;
and that, once the by-law is passed by Council, the City Solicitor
be directed to submit the by-law to the Ontario Ministry of
Agriculture, Food and Rural Affairs (OMAFRA) for approval;
and further, that the Clerk be directed to make the appropriate
notifications. FORTHWITH.
SUMMARY This report recommends the approval of a diseased fruit
tree by-law and provides Council with information about the by-law,
potential issues with enforcement, and its financial
implications.
-24- General June 20, 2011
BACKGROUND On June 21, 2010, Council directed staff to prepare a
report in response to three letters received by the City of St.
Catharines on June 8, 2010, requesting that City Council address
the issue of abandoned orchards and vineyards with the creation of
an appropriate municipal by-law. The letters express concerns that
“neglected agricultural properties harbour insects, diseases and
weeds presenting significant risk to active farms” (see Appendix
“A“). Farmers risk a loss in revenue from lower yields should areas
of their crop be affected by disease or pests, and those who
attempt to combat these risks face added costs associated with
labour and additional applications of herbicides and pesticides.
Letters were submitted by the following organizations:
• Duarte Oliveira, President, Niagara Peninsula Fruit &
Vegetable Growers’ Association
• Bill George Jr., Chair, Grape Growers of Ontario • Adrian
Huisman, Manager, Ontario Tender Fruit Producers’ Marketing
Board
Under the Weed Control Act, the municipality is permitted to pass a
by-law designating any plant as a local weed which requires that it
be removed by the land owner. Five Ontario municipalities,
including three within the Niagara Region (Town of Grimbsy, Town of
Lincoln, and Town of Niagara-on-the-Lake), have passed such
by-laws.
Currently, the City of St. Catharines provides for the maintenance
of grasses and weeds through By-law No. 2004-122. This by-law only
applies to land within the urban area and is enforced by a Weed
Inspector who is appointed annually by Council. The intent of this
by-law is to eliminate conditions that could become or cause public
nuisances as a result of neglect or improper maintenance, and it
requires that all grasses and weeds exceeding 20 cm be cut and
removed. Unfortunately, this by-law cannot be used to address the
issues of pests and diseases that affect agricultural lands.
REPORT Provincial Legislation In 1990, the provincial government
passed the Abandoned Orchards Act requiring owners of abandoned
orchards within 275 metres of a commercial orchard destroy all
fruit trees, shrubs and vines. In 1997, the Abandoned Orchards Act
was repealed, and the regulation of such orchards shifted from the
province to municipalities through the Weed Control Act. The Weed
Control Act has three objectives:
1. Address the negative impact that noxious weeds have on
agricultural and horticulture industries;
2. Reduce the prevalence of plant diseases by removing the hosts of
such diseases;
3. Protect livestock which can be harmed by poisonous plants.
These goals are achieved by requiring owners to destroy noxious
weeds on their properties. The intent of the Weed Control Act is to
protect agricultural and horticultural industries. As such, the
removal of noxious weeds is only required if they will interfere
with the use of these agricultural and horticultural lands, as
decided by Ontario Ministry of Agriculture, Food and Rural Affairs
(OMAFRA).
The Weed Control Act allows the council of a municipality that has
appointed a weed inspector to pass a by-law designating any plant
that is not a noxious weed as a local weed. This means that within
the municipality the plant is viewed as a noxious weed and must be
destroyed by land owners. The Weed Control Act also stipulates that
no by-law created can take effect until it is approved by the
Minister of Agriculture, Food, and Rural Affairs.
-25- General June 20, 2011
Approaches by Other Municipalities Five Ontario municipalities,
including three in the Niagara Region, have used the Weed Control
Act to create by-laws protecting their agricultural and
horticultural industries. The Town of Grimbsy, Town of Lincoln,
Town of Niagara-on-the-Lake, Township of Clearview, and Town of
Blue Mountain have each passed by-laws designating either abandoned
orchards or certain diseased fruit trees as local weeds; all of
these municipalities were consulted. Each municipality’s by-laws
applies to the entire area of their municipality and utilizes very
similar definitions to identify what constitutes an abandoned
orchard or diseased fruit tree. They all require a minimum planting
area and a maximum distance between the subject property and a
commercial fruit growing operation.
The Town of Lincoln passed a by-law designating certain diseased
fruit trees as local weeds in 2000. The by-law is rarely applied in
Lincoln, coming up most recently in 2007/2008 when the Town advised
a land owner of the infraction who removed the weeds themselves.
Previous to that in 2003/2004, municipal forces were used to
destroy diseased fruit trees on private property after a land owner
failed to address the fruit trees themselves. Clean up costs were
recovered by invoicing the owner.
The Town of Grimsby passed a by-law designating abandoned orchards
as local weeds in 1998, and each year the Town publishes a notice
of the abandoned orchards by-law in the local newspaper. This
by-law has only been enforced once in the past seven years. It was
such an extreme case that an upper level of government became
involved to spearhead the removal. An appropriate warning was
issued to the land owner; however, the weeds were never removed by
the owner and no further action was taken by either level of
government.
The Town of Niagara-on-the-Lake passed a by-law designating certain
diseased fruit trees as local weeds in 2010 after discussions with
the Town’s Agriculture Advisory Committee. The by-law has yet to be
used, and Enforcement believes that it will not be used often as
most issues can be addressed under other measures in the Weed
Control Act and the Town’s Property Standards By-law.
The Township of Clearview passed a by-law designating abandoned
orchards as a noxious weed in 2002. This by-law has been applied
twice in the last six years. On the first occasion, the notice was
issued and the owner cleared their property. In the second case,
the property owner appealed the notice and challenged both the by
law and the Weed Control Act, with the province’s Chief Weed
Inspector upholding the charges in a court hearing. The Township
had hired a professional pest controller and an independent grower
to inspect the property and attend the hearing. The Weed Inspector
estimates that the total cost for these third party consultations
was $500, which was not recovered as the property owner cleared
their own land after the legal proceedings.
The Town of Blue Mountain passed a by-law designating abandoned
orchards as a noxious weed in 2003. Unlike the other municipalities
surveyed, enforcement in Blue Mountain has indicated that the
by-law is used often, being cited at least eight times in the past
two years alone. In all but two cases the owner has cleared the
property. When the Town is required to clear the property, they
hire a consultant to complete the work and recover the costs by
invoicing the owner.
With the exception of the Town of Blue Mountain, most of these
municipalities have rarely enforced their abandoned
orchards/diseased fruit trees by-laws. Despite this, they have each
indicated that the by-law is a valuable tool in ensuring that local
agricultural production is protected from pests and disease.
Enforcement Enforcement of a diseased fruit trees by-law would be
included in the portfolio of the Municipal Weed Inspector and would
be enforced on a complaint basis. As the by law is rarely enforced
in other municipalities, it is difficult to gain a true
understanding of issues related to enforcement. Ken Slingerland,
Tender Fruit and
-26- General June 20, 2011
Grape Specialist with OMAFRA, suggests having a good definition of
what constitutes an abandoned orchard or diseased fruit tree.
Definitions need to identify what types of fruit trees, shrubs, and
vines are included under the by-law, what constitutes a fruit tree
disease, as well as how to evaluate what is a diseased fruit tree
or abandoned orchard. The definitions used by each of the five
municipalities are very similar and can be applied to St.
Catharines.
It is also recommended to have a formal or informal process of
determining whether a property is in violation of the by-law. The
Weed Inspector needs to be able to determine that there is a real
threat of the disease or pests moving to nearby commercial
operations. For all municipalities surveyed, this process includes
consulting with a third party before taking any action to prevent
the unnecessary loss of fruit trees and to protect the City by
ensuring that all actions can be justified should someone
appeal.
It is suggested that if the City enact a diseased fruit tree by-law
that third party consultation should be used. OMAFRA’s Tender Fruit
and Grape Integrated Pest Management Specialist out of Vineland
would be available to examine properties with the City’s Weed
Inspector and make recommendations for clean-up at no cost to the
City. Most municipalities surveyed also consult OMAFRA to enforce
their diseased fruit tree by-law, while the Township of Clearview
used a professional pest controller and an independent
grower.
FINANCIAL IMPLICATIONS No additional costs for inspection of
complaints are anticipated as this would fall under the portfolio
of the weed inspector.
No additional costs for third party consultation are anticipated
when OMAFRA’s Tender Fruit and Grape Integrated Pest Management
Specialist is used.
Cost recovery is mandated under the Weed Control Act and is the
same as cost recovery of noxious weeds. The Weed Control Act
stipulates that any work completed by the City can be recovered
from the owner by invoice or by adding the costs onto the tax bill.
For cases where the City completes the work, the costs of clearing
land would need to be included in the Schedule of Rates and Fees.
Unlike the Rates and Fees for Mowing of Weeds and Grass on Private
Lots, the cost of clearing diseased fruit trees should be an Actual
Cost, as the clearing methods and costs will vary greatly depending
on each situation. Staff recommend that additional costs be similar
to the tall grass by-law, including a 10% penalty and 10% overhead
charge with a maximum of $100.
As was illustrated by the Township of Clearview, there is a risk of
appeal for which legal costs can be incurred. These costs are
difficult to estimate and the City may not be able to recover them
in all cases. It is important to note that a legal appeal has only
occurred once since the Weed Control Act came into force.
CONCLUSION Prior to 1997, commercial fruit producers were protected
under the Abandoned Orchards Act, which fell under provincial
jurisdiction. Since this Act was repealed, there has been no
protection for land owners within St. Catharines as a municipal
by-law concerning abandoned orchards has not been passed. Based on
the information provided by various municipalities, staff would
recommend that a by-law designating certain diseased fruit trees as
local weeds be created to provide improved enforcement capabilities
and protection for agricultural production. Expenses and
administration fees should be assessed under the Corporation’s
Rates and Fees By-law.
NOTIFICATIONS It is in order to advise Brad Huisman (successor of
Duarte Oliveira), President, Niagara Peninsula Fruit &
Vegetable Growers’ Association, 104-155 Main St. East, Suite 135,
Grimsby, Ontario, L3M 1P2;
-27- General June 20, 2011
and Bill George Jr., Chair, Grape Growers of Ontario, P.O. Box 100,
Vineland Station, Ontario, L0R 2E0;
and Adrian Huisman, Manager, Ontario Tender Fruit Producers’
Marketing Board, P.O. Box 100, Vineland Station, Ontario, L0R
2E0;
and Mike Cowbrough, Weed Management Lead, Ontario Ministry of
Agriculture, Food and Rural Affairs, University of Guelph - Crop
Science Building, 50 Stone Rd. East, Guelph, Ontario, N1G
2W1.
MOVED BY COUNCILLOR PHILLIPS That Council approve the
recommendation contained in the report from Recreation and
Community Services – Parks and Facilities, Item Number 323 of the
General Committee Minutes, June 20, 2011.
YEAS Councillors Stack, Stevens, Washuta, Williamson, Burch, Dodge,
Elliott, Harris, Kushner, Phillips, Secord, Siscoe, and Mayor
McMullan
NAYS
Date of Report: June 9, 2011
File: 60.32.528
Subject: Community Improvement Plan, Brownfield Tax Increment Based
Incentive Grant Program Agreement, Municipal Addresses: Formerly 17
and 21 Woodburn Avenue and 246A Queenston Street; Owner: Brickyard
Developments Limited
RECOMMENDATION That City Council approve the report from Planning
Services – Policy, dated June 9, 2011, respecting the assignment of
the Brownfield Tax Increment Based Incentive Grant (BTIG) to
Romspen Investment Corporation as outlined below;
and that the City Solicitor be directed to prepare any necessary
by-laws authorizing the execution of the agreement and other
related documents. FORTHWITH.
BACKGROUND The Corporation of the City of St. Catharines and
Brickyard Developments Limited executed a Brownfield Tax Increment
Based Incentive Grant Program Agreement for Phase 1, Heritage Point
Subdivision, respecting the above-noted subject property on
November 20, 2009.
The executed Agreement, Clause 5.7 Change of Title and Assignment
states:
“The Applicant may not transfer or assign the benefit of these
subsequent BTIG payments to any other party save and except with
the consent of the City which will not be unreasonably
withheld.”
-28- General June 20, 2011
REPORT The Agent for Brickyard Developments Limited has requested
the assignment of the BTIG to Romspen Investment Corporation. The
purpose is to assist with the refinancing of the development.
Should Council approve this request, the Corporation has been asked
to execute the document as provided. Planning Services has been
advised that this is a standard practice in the industry. Brickyard
Developments Limited is assigning the BTIG to other parties as
security for financing.
It should be noted that Brickyard Developments Limited entered into
an agreement with the City to remove material from their site onto
the Municipal Golf Course. This agreement provided a time-frame for
this work to be completed with a provision that, should Brickyard
Developments Limited not meet the time-frame, the City would be
reimbursed for lost revenue. As of June 10, 2011, Brickyard
Developments has an amount of $113,385.62 outstanding in Accounts
Receivable for the Municipal Golf Course revenue loss compensation
incurred in 2008 and 2009. This outstanding amount includes
interest of $8,398.92. Should this matter not be resolved prior to
the first grant payment, this amount will be deducted from the
first City and Regional contributions and subsequent grant payments
as necessary until the Accounts Receivable has been resolved.
The matter of assigning the BTIG and the document as provided has
been discussed with the City Solicitor who concurs with this
request.
Staff Recommendation That Council approve the request on behalf of
Brickyard Developments Limited to assign the Brownfield Tax
Increment Based Incentive Grant (BTIG) to Romspen Investment
Corporation;
and that any outstanding receivables from Brickyard Developments
Limited be rectified before any grant payments are made;
and that The Corporation of the City of St. Catharines execute the
document as provided;
and that the City Solicitor be directed to prepare any necessary
by-laws authorizing the execution of the agreement and other
related documents;
and further, that the Clerk be directed to make the necessary
notifications.
FINANCIAL IMPLICATIONS The assignment of the BTIG has no additional
financial implication on the City. Planning Services would remind
Council that the BTIG is based on the increase in property taxes
following redevelopment of the property.
NOTIFICATION It is in order to advise Mr. Timothy Collins,
Associated Brownfields, 80 King Street, Suite 903A, St. Catharines,
Ontario, L2R 7G1 and Mr. Tunde Fowler, Senior Financial Analyst,
Corporate Services Department, Regional Municipality of Niagara,
2201 St. David’s Road, PO Box 1042, Thorold, Ontario, L2V
4T7.
MOVED BY COUNCILLOR BURCH That Council approve the recommendation
contained in the report from Planning Services – Policy, Item
Number 323 of the General Committee Minutes, June 20, 2011.
YEAS Councillors Elliott, Harris, Kushner, Phillips, Secord,
Siscoe, Stack, Stevens, Washuta, Williamson, Burch, Dodge, and
Mayor McMullan
NAYS
Item No. 324
Date of Report: June 8, 2011
File: 60.32.576
Subject: Community Improvement Plan, Application for Financial
Incentive Grant Programs; Municipal Address: 155 Louth Street;
Owner: 1834483 Ontario Inc. (Paul DiFrancesco)
RECOMMENDATION That City Council approve the report from Planning
Services – Policy, dated June 8, 2011, concerning the Application
for Financial Incentive Grant Programs for 155 Louth Street as
outlined below;
and that the City Solicitor be directed to prepare the necessary
by-laws and documents as outlined in the report. FORTHWITH.
BACKGROUND On February 28, 2011, City Council granted approval to
designate the lands referred to as the Western Hill Area as a
Community Improvement Project Area. The By-law (2011-131) was
approved on May 2, 2011, with no appeals being filed.
REPORT On April 11, 2011, Planning Services received an application
under the Tax Increment Based Incentive Grant Program (TIBIGP) and
the Municipal Application and Permit Fees Refund Program (MAPFRP).
The Owner is proposing to construct a four storey, 28-unit
apartment building (23 units will be rented under the Affordable
Housing Program and has provided the required information for staff
to proceed to obtain Council Approval (see Appendix “B”).
Following Council’s approval of the designation of the Western Hill
Area as a Community Improvement Project Area and prior to the
passage of the By-law, the Owner requested that all expenses
incurred after March 1, 2011, be considered as eligible
expenditures. In light of City Council granting approval to
designate the lands (February 28, 2011), Planning Services supports
this request.
Staff Recommendation That City Council approve the applications
under the TIBIGP and the MAPFRP from the Owner of the property
known municipally as 155 Louth Street;
and that the Eligible Expenditures be retroactive to March 1,
2011;
and that City Council direct that the Municipal Application and
Permit Fees for the proposed four storey, 28-unit apartment
building be refunded when all municipal approvals are obtained,
authorization to occupy received, and all documentation
received;
and that the City Solicitor be directed to prepare the TIBIGP
between 1834483 Ontario Inc. and the City of St. Catharines and any
necessary by-laws authorizing the execution of the agreement and
other related documents;
and further, that the Clerk be directed to make the necessary
notifications.
FINANCIAL IMPLICATIONS 1. Subject to Council’s approval of this
report and based on the Tax Increment
Based Incentive Grant Program, the Owner would be eligible to
receive a grant
-30- General June 20, 2011
of 90% of the Net Increase in Assessment multiplied by the Tax Rate
in the first year (Commencement Year), reducing 10% each year
thereafter (up to nine [9] years) or when total grants provided
under this program equal the total Eligible Expenditures, whichever
comes first.
2. No funds will be advanced to the Owner under the Tax Increment
Based Incentive Grant Program until new taxes are generated based
on a Supplemental Assessment from the Municipal Property Assessment
Corporation.
3. The estimated Eligible Expenditures total approximately
$2,885,722.
4. The annual grant returned to the Owner will be from the
increased property taxes levied on the property.
CONCLUSION Should Council approve the recommendations in this
report, this is the first application under the Tax Increment Based
Incentive Grant Program in the recently Council Approved Western
Hill Project Area.
NOTIFICATION It is in order to advise 1834483 Ontario Inc., c/o Mr.
Paul DiFrancesco, 11 Nicholas Drive, St. Catharines, Ontario, L2S
4C2 and Mr. Tunde Fowler, Senior Financial Analyst, Corporate
Services Department, Regional Municipality of Niagara, 2201 St.
David’s Road, PO Box 1042, Thorold, Ontario, L2V 4T7.
MOVED BY COUNCILLOR PHILLIPS That Council approve the
recommendation contained in the report from Planning Services –
Policy, Item Number 324 of the General Committee Minutes, June 20,
2011.
YEAS Councillors Williamson, Burch, Dodge, Elliott, Harris,
Kushner, Phillips, Secord, Siscoe, Stack, Stevens, Washuta, and
Mayor McMullan
NAYS
Subject: In Camera Session
MOVED BY COUNCILLOR KUSHNER That this meeting of General Committee
be recessed to In Camera Session for the purpose of discussion of
In Camera Item Number 326 of the General Committee Minutes, June
20, 2011.
CARRIED FORTHWITH
-31- General June 20, 2011
General Committee recessed at seven forty-seven o’clock p.m. and
resumed session In Camera.
Item No. 326
Date of Report: June 16, 2011
File: 60.35.964, 60.46.385 (11-33)
Subject: Appeal of Council’s Decision to Deny Applications to Amend
Zoning Area By-law No. 6609 (Zone 8) and for Draft Plan of
Condominium Approval, 61 Village Road, Owner: Virginia Rigby,
Agent: Glenn Barr (Barr Associates) (IN CAMERA)
Councillor Dodge advised that she was not in attendance at the
public meeting respecting the subject application and would not be
taking part in consideration of this matter.
The General Committee gave consideration to the above-noted report
dated June 16, 2011.
MOVED BY COUNCILLOR KUSHNER That Council approve the recommendation
contained in the report from Legal Services – Administration, dated
June 16, 2011, respecting an appeal of Council’s decision to deny
applications to amend Zoning Area By-law No. 6609 (Zone 8) and for
Draft Plan of Condominium approval at 61 Village Road.
CARRIED FORTHWITH
General Committee reconvened in open session at eight-fourteen
o’clock p.m.
-32- General June 20, 2011
Item No. 327
File: 60.35.964 and 60.46.385
Subject: Appeal of Council’s Decision Regarding Application to
Amend Zoning By-law 6609 and for Draft Plan of Condominium Approval
– 61 Village Road, Owner: Virginia Rigby, Agent: Glenn Barr (Barr
Associates)
Councillor Dodge advised that she was not in attendance at the
public meeting respecting the subject application and would not be
taking part in consideration of this matter.
RECOMMENDATION That the report from Planning Services –
Development, dated June 16, 2011, concerning appeals of Council’s
decisions for applications for a zoning by-law amendment and a
draft plan of condominium (vacant land) for 61 Village Road, be
received for information purposes. FORTHWITH.
SUMMARY Council’s decision of April