Minutes of Regular Meeting - City Council

Council Chamber, 4th Floor, City Hall

Monday, July 25, 2022 at 3:00 P.m. - 4:30 P.m.

4th Floor City Hall

Present:

• Mayor Danny Breen
• Deputy Mayor Sheilagh O'Leary
• Councillor Ron Ellsworth
• Councillor Sandy Hickman
• Councillor Debbie Hanlon
• Councillor Jill Bruce
• Councillor Ophelia Ravencroft
• Councillor Jamie Korab
• Councillor Ian Froude
• Councillor Carl Ridgeley

Regrets:

• Councillor Maggie Burton

Staff:

• Kevin Breen, City Manager
• Tanya Haywood, Deputy City Manager of Community Services
• Jason Sinyard, Deputy City Manager of Planning, Engineering & Regulatory Services
• Linda Bishop, Senior Legal Counsel
• Karen Chafe, City Clerk
• Kelly Maguire, Public Relations & Marketing Officer
• Jennifer Squires, Legislative Assistant

Others:

• Lindsay Lyghtle Brushett, Supervisor, Planning & Development
  Kris Connors, Manager, Budget & Treasury
  Judy Tobin, Manager, Housing
  Mark Finch, Affordable Housing & Development Facilitator

​​Land Acknowledgement

The following statement was read into the record:

“We respectfully acknowledge the Province of Newfoundland & Labrador, of which the City of St. John’s is the capital City, as the ancestral homelands of the Beothuk. Today, these lands are home to a diverse population of indigenous and other peoples. We would also like to acknowledge with respect the diverse histories and cultures of the Mi’kmaq, Innu, Inuit, and Southern Inuit of this Province.”

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1.

CALL TO ORDER

2.

PROCLAMATIONS/PRESENTATIONS

3.

APPROVAL OF THE AGENDA

3.1

Adoption of Agenda

• SJMC-R-2022-07-25/321
  Moved By Councillor Hanlon
  Seconded By Councillor Ravencroft

  That the Agenda be adopted as presented.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

4.

ADOPTION OF THE MINUTES

4.1

Adoption of Minutes - July 12, 2022

• SJMC-R-2022-07-25/322
  Moved By Deputy Mayor O'Leary
  Seconded By Councillor Bruce

  That the minutes of July 12, 2022, be adopted as presented.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

5.

BUSINESS ARISING FROM THE MINUTES

5.1

Heritage Designation Amendment By-Law - George Street United Church

Councillor Burton gave notice at the last Regular meeting of Council of her intention to move a motion to adopt a Heritage Designation By-Law to remove the Heritage Designation from the Annex portion of the George Street United Church. As Councillor Burton was absent, Councillor Ravencroft made the following motion:

• SJMC-R-2022-07-25/323
  Moved By Councillor Ravencroft
  Seconded By Deputy Mayor O'Leary

  That Council adopt a Heritage Designation By-Law for the following property to remove the Heritage Building designation from the portion of George Street United Church known as the Annex located at 25 Buchanan Street, Parcel ID #51036. 

  
  

  For (9)	Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley
  Abstain (1)	Councillor Ellsworth

  
  
  
  MOTION CARRIED (9 to 0)

6.

DEVELOPMENT APPLICATIONS

6.1

Notices Published – 300 Torbay Road - DEV2200085

Councillor Bruce informed Council that she had been in contact with a concerned citizen and met with the proponent to discuss the application. She advised that the only source of music from the establishment would be through televisions located inside the building and that there was a buffer between the establishment and neighbouring households. As such, she was comfortable in supporting the motion to approve the Discretionary Use application.

• SJMC-R-2022-07-25/324
  Moved By Councillor Korab
  Seconded By Councillor Ravencroft

  That Council approve the Discretionary Use application for a Restaurant and Lounge at 300 Torbay Road.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

7.

RATIFICATION OF EPOLLS

7.1

2022109 - 2022 Retaining Wall Rehabilitation Program - Contract 2

• SJMC-R-2022-07-25/325
  Moved By Councillor Hickman
  Seconded By Councillor Ellsworth

  That Council approve for award this open call to the lowest bidder meeting specifications, WLH Contracting Limited, for $249,918.75 (HST Incl.) as per the Public Procurement Act.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

8.

COMMITTEE REPORTS

8.1

Committee of the Whole Report - July 13, 2022

1.

Regional Water Reserve Fund Purchase – Replacement Southlands Pump

• SJMC-R-2022-07-25/326
  Moved By Councillor Hickman
  Seconded By Councillor Korab

  That Council approve access to funding from the Regional Water Equipment Replacement Reserve Fund to support the purchase of this equipment.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

2.

Provision of Recycling Carts or Nets

Deputy Mayor O'Leary noted that the number of blue bags blowing around due to improper storage of recycling is having an impact she would prefer to see a consistent approach to how people house their recycling. Special consideration should be given to certain areas, such as downtown households who cannot accommodate storage bins and have limited space. Councillor Ravencroft informed Council that the biggest complaint in the downtown area is that residents have no space to store recycling. Proper infrastructure needs to be in place to assist residents to recycle effectively. Members of Council were in favour of increasing awareness through the City's existing communications tools and waiting until the end of the year to re-evaluate and determine if additional measures should be implemented to assist residents with recycling.

• SJMC-R-2022-07-25/327
  Moved By Councillor Hickman
  Seconded By Councillor Bruce

  All of the “hybrid” approaches presented have significant drawbacks specifically in program controls.
  
  Given the current budget situation, staff recommend utilizing some of the communication tools already in use by the city to support curbside collection. Additionally, households are becoming more used to recycling. Staff can monitor collection activities and assess whether these measures alone may reduce situations where blue bags move on windy days.

  
  

  For (8)	Mayor Breen, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Bruce, and Councillor Ridgeley
  Against (2)	Deputy Mayor O'Leary, and Councillor Ravencroft

  
  
  
  MOTION CARRIED (8 to 2)

3.

188 New Pennywell Road, REZ2200005

• SJMC-R-2022-07-25/328
  Moved By Councillor Froude
  Seconded By Councillor Ellsworth

  That Council consider a rezoning from the Residential 1 (R1) Zone to the Residential 2 Cluster (R2C) Zone at 188 New Pennywell Road and approve the attached draft terms of reference for a Land Use Report (LUR).
  
  Further, upon receiving a satisfactory Land Use Report, that Council refer the application to a public meeting chaired by an independent facilitator for public input and feedback.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

4.

4 Merrymeeting Road, MPA2200003

• SJMC-R-2022-07-25/329
  Moved By Councillor Froude
  Seconded By Councillor Ravencroft

  That Council consider a rezoning from the Institutional (INST) Zone to the Apartment 1 (A1) Zone at 4 Merrymeeting Road and approve the attached draft terms of reference for a Heritage and Land Use Report (LUR).
  
  Further, upon receiving a satisfactory Heritage and Land Use Report, that Council refer the application to a public meeting chaired by an independent facilitator for public input and feedback.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

5.

Driveways in the Residential Reduced Lot (RRL) Zone

Councillor Ellsworth asked when the text amendment would be enacted. The Supervisor of Planning & Development responded that once approved, the amendment would be advertised for a two-week period, and then return to Council for direction. The entire process would take a month between initial approval and enaction.

• SJMC-R-2022-07-25/330
  Moved By Councillor Froude
  Seconded By Councillor Bruce

  That Council consider a text amendment to revise Section 3 of the Residential Reduced Lot (RRL) Zone to allow consideration of driveways wider than 3.6 metres, subject to a snow storage plan. Further, that Council advertise the text amendment for public comment.
  

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

9.

DEVELOPMENT PERMITS LIST (FOR INFORMATION ONLY) 

9.1

Development Permits List July 7 to July 20, 2022

Council considered the Development Permits List for information. 

10.

BUILDING PERMITS LIST (FOR INFORMATION ONLY)

10.1

Building Permits List July 7- July 20

Council considered the Building Permits List for information. 

11.

REQUISITIONS, PAYROLLS AND ACCOUNTS

11.1

Weekly Payment Vouchers for the Week Ending July 13 & July 20, 2022

• SJMC-R-2022-07-25/331
  Moved By Councillor Ellsworth
  Seconded By Councillor Hanlon

  That the weekly payment vouchers for the week ending July 13, 2022 and July 20, 2022, in the amount of $8,962,848.35 be approved as presented.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

12.

TENDERS/RFPS

12.1

2022043 - Alarm Monitoring & Dispatch Services

• SJMC-R-2022-07-25/332
  Moved By Councillor Hickman
  Seconded By Councillor Bruce

  That Council approve for award this open call to lowest bidder meeting specifications, Chudworth Manor Holdings, for $28,968.50 per year (HST Incl.) as per the Public Procurement Act.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

12.2

2022068 - Supply and Delivery, for Lease, 2 New Current Production Articulating Rock Trucks - Robin Hood Bay

• SJMC-R-2022-07-25/333
  Moved By Councillor Hickman
  Seconded By Councillor Hanlon

  That Council approve for award this open call to the lowest bidder meeting specifications, Strongco, for $1,827,810.00 (HST Incl.) as per the Public Procurement Act. Note that this bid was previously approved for award on SJMC‐R‐2022‐05‐30/233 however the vendor has since been disqualified.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

12.3

2022128 - Snow Clearing & Ice Control at Bay Bulls Big Pond Water Treatment Plant and Pump Stations at Ruby Line, Galway & Kenmount

• SJMC-R-2022-07-25/334
  Moved By Councillor Hickman
  Seconded By Councillor Ellsworth

  That Council approve for award this open call to the lowest bidder meeting specifications, James R. Eales Equipment Rentals Ltd., for $223,100.00 for a two (2) year period (HST Incl.) as per the Public Procurement Act.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

12.4

2022111 - Wayfinding and Signage Program - Supply and Install

• SJMC-R-2022-07-25/335
  Moved By Councillor Hickman
  Seconded By Councillor Ravencroft

  That Council approve for award this open call to the lowest bidder meeting specifications, WLH Contracting Limited, for $322,680.80 (HST Incl.) as per the Public Procurement Act.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

12.5

2022097 – Supply and Delivery, for Lease, 2 New Landfill Compactors

• SJMC-R-2022-07-25/336
  Moved By Councillor Hickman
  Seconded By Deputy Mayor O'Leary

  THAT Council approve for award this open call to SMS Equipment Inc for $2,610,720 plus Hst, as per the Public Procurement Act.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

13.

NOTICES OF MOTION, RESOLUTIONS QUESTIONS AND PETITIONS

14.

OTHER BUSINESS

14.1

Sale of City Land at 30 Penetanguishene Road

• SJMC-R-2022-07-25/337
  Moved By Councillor Bruce
  Seconded By Councillor Hanlon

  That Council approve the sale of City land at 30 Penetanguishene Road, as shown in red on the diagram below.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

14.2

SERC – Summer Events

As both the Tely 10 and the Pride Parade scheduled for Sunday, July 24th were postponed due to heat warnings, Councillor Hanlon informed Council that the Special Events Regulatory Committee would be meeting with organizers of the Tely 10 and would be reaching out to members of St. John’s Pride to discuss new dates for the events.

• SJMC-R-2022-07-25/338
  Moved By Councillor Hanlon
  Seconded By Deputy Mayor O'Leary

  That Council approve the road closures and lane reductions associated with the George Street Festival, the Royal St. John’s Regatta, and the St. John’s Triathlon.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

14.3

Text Amendment – Accessory Building in Various Zones - Adoption

• SJMC-R-2022-07-25/339
  Moved By Councillor Froude
  Seconded By Councillor Ellsworth

  That Council adopt St. John’s Development Regulations Number 13, 2022, to add Accessory Building as Permitted Use in the Commercial Downtown (CD) Zone, Commercial Downtown Mixed (CDM) Zone, Commercial Downtown Mixed 2 (CDM2) Zone, Industrial Special (IS) Zone, and as a Discretionary Use in the Open Space (O) Zone.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

14.4

Report on Revenue and Expenditure for Fiscal 2021

• SJMC-R-2022-07-25/340
  Moved By Councillor Ellsworth
  Seconded By Councillor Froude

  That Council adopt the Executive Summary Report on Revenues and Expenditures for the year ended December 31, 2021.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley

  
  
  
  MOTION CARRIED (10 to 0)

14.5

What We Heard – 2022 Landlord Survey

Councillor Ravencroft provided an overview of the What We Heard Document and addressed criticism that tenant engagement should be taking place. She advised that tenants are engaged significantly through the City's Affordable Housing Working Group, which incorporates community groups and organizations working in the Affordable Housing sector. Landlord engagement is one prong of a multi-pronged approach and will help Staff identify patterns and combat biases or stigma to create a better housing market. Members of Council and Housing Staff noted the importance of working with community partners. Deputy Mayor O'Leary inquired if End Homelessness St. John's had been engaged in the process, and Staff responded that End Homelessness had been involved throughout the engagement process.

15.

ACTION ITEMS RAISED BY COUNCIL

15.1

Heat Warning

The Mayor advised that the City's Emergency Preparedness Team, along with St. John's Regional Fire Department, community partners, and Eastern Health, are monitoring the current heat wave. Should it become necessary, Staff will be advised to undertake measures and take action to keep the public safe.

15.2

Livingstone Street Stairs

Deputy Mayor O'Leary asked the Deputy City Manager of Planning, Engineering, and Regulatory Services for an update as to when the stairs at Livingstone Street and Carter's Hill would reopen. The Deputy City Manager responded that the work is anticipated to go to tender the first week of August and repair work was expected to begin the first week of September.

15.3

Swimming Areas

Deputy Mayor O'Leary requested that Staff advise residents of public swimming areas to ensure that people are not swimming in drinking water reserves. Communicating the location of outdoor swimming areas will give people a better understanding of where they are and are not permitted to swim.

16.

ADJOURNMENT

There being no further business, the meeting adjourned at 4:22 p.m.