Minutes of Regular Meeting - City Council

Council Chamber, 4th Floor, City Hall

Monday, September 13, 2021 at 3:00 P.m. - 4:30 P.m.

4th Floor City Hall

Present:

• Mayor Danny Breen
• Deputy Mayor Sheilagh O'Leary
• Councillor Maggie Burton
• Councillor Sandy Hickman
• Councillor Debbie Hanlon
• Councillor Deanne Stapleton
• Councillor Jamie Korab
• Councillor Ian Froude
• Councillor Wally Collins
• Councillor Shawn Skinner

Staff:

• Derek Coffey, Deputy City Manager of Finance & Administration
• Tanya Haywood, Deputy City Manager of Community Services
• Jason Sinyard, Deputy City Manager of Planning, Engineering & Regulatory Services
• Lynnann Winsor, Deputy City Manager of Public Works
• Cheryl Mullett, City Solicitor
• Ken O'Brien, Chief Municipal Planner
• Karen Chafe, City Clerk
• Maureen Harvey, Legislative Assistant
• Jennifer Squires, Legislative Assistant

​​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-2021-09-13/430
  Moved By Councillor Collins
  Seconded By Councillor Hanlon

  That the Agenda be adopted as presented.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Froude, Councillor Collins, and Councillor Skinner

  
  
  
  MOTION CARRIED (10 to 0)

4.

ADOPTION OF THE MINUTES

4.1

Adoption of Minutes - September 7, 2021

• SJMC-R-2021-09-13/431
  Moved By Councillor Stapleton
  Seconded By Deputy Mayor O'Leary

  That the minutes of September 7, 2021, be adopted as presented. 

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Froude, Councillor Collins, and Councillor Skinner

  
  
  
  MOTION CARRIED (10 to 0)

5.

BUSINESS ARISING FROM THE MINUTES

5.1

Notice of Motion re: Heritage By-Law

Councillor Burton asked the Chief Municipal Planner to clarify what was meant by a "heritage use" and to highlight some of the key points of the new by-law. The Chief Municipal Planner explained that the definition of heritage use had been expanded. Previously, permitted use in a heritage building was limited to things such as bed & breakfast operations and offices. Now, heritage use can be anything in the opinion of Council that is compatible in a heritage building. The economic driver for this expansion was to make it feasible to keep a heritage building and have a productive, economic use within that building. The new by-law will amplify the standards for commercial and non-residential buildings, increase consultation for certain uses, look at the impact of projects on surrounding areas and streetscapes, and ensure that public consultation will be part and parcel for developments in heritage areas. 

• SJMC-R-2021-09-13/432
  Moved By Councillor Burton
  Seconded By Councillor Hickman

  That Council enact the new comprehensive Heritage By-Law regulating Heritage Buildings and Heritage Areas in the City of St. John's.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Froude, Councillor Collins, and Councillor Skinner

  
  
  
  MOTION CARRIED (10 to 0)

6.

DEVELOPMENT APPLICATIONS

6.1

Establish Building Line Setback – 40 Connemara Place – INT2100086

• SJMC-R-2021-09-13/433
  Moved By Councillor Burton
  Seconded By Councillor Stapleton

  That Council approve a 5.64 metre Building Line at 40 Connemara Place to accommodate a front porch extension.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Froude, Councillor Collins, and Councillor Skinner

  
  
  
  MOTION CARRIED (10 to 0)

6.2

Notices Published – 16 Blake Place - DEV2100138

• SJMC-R-2021-09-13/434
  Moved By Councillor Burton
  Seconded By Councillor Skinner

  That Council approve the application for a Daycare Center at 16 Blake Place.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Froude, Councillor Collins, and Councillor Skinner

  
  
  
  MOTION CARRIED (10 to 0)

6.3

Proposed Driveway Extension – 2 Barrows Road – DEV2100117

Councillor Burton asked when Phase 2 of the 2021 Wetland Study was expected to be complete. The Deputy City Manager of Planning, Engineering & Regulatory Services advised that the RFP for Phase 2 of the Study had recently closed and work on the project would start once awarded some time in the Fall. 

• SJMC-R-2021-09-13/435
  Moved By Councillor Burton
  Seconded By Councillor Froude

  That Council defer the proposed driveway extension at 2 Barrows Road until such time as the 2021 Wetland Study – Phase 2 has been completed, subject to Section 5.1.3(4) Deferral of Applications.

  
  

  For (9)	Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Froude, and Councillor Collins
  Against (1)	Councillor Skinner

  
  
  
  MOTION CARRIED (9 to 1)

6.4

Notices Published – 52 Cape Pine Street - DEV2100135

• SJMC-R-2021-09-13/436
  Moved By Councillor Burton
  Seconded By Councillor Collins

  That Council approve the application for a Home Occupation for music lessons at 52 Cape Pine Street.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Froude, Councillor Collins, and Councillor Skinner

  
  
  
  MOTION CARRIED (10 to 0)

7.

RATIFICATION OF EPOLLS

7.1

Notices Published – 585 Torbay Road – DEV2100144

• SJMC-R-2021-09-13/437
  Moved By Councillor Burton
  Seconded By Deputy Mayor O'Leary

  That Council approve the Discretionary Use application for a Commercial School at 585 Torbay Road. (Approved via e-poll September 9, 2021)

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Froude, Councillor Collins, and Councillor Skinner

  
  
  
  MOTION CARRIED (10 to 0)

8.

COMMITTEE REPORTS

8.1

Committee of the Whole Report - September 8, 2021

1.

16 George Street, Exterior Renovations, REN2100341

Councillor Burton provided background information on the proposed development and reminded Council that the use of vertical siding is not permitted in Heritage Area 2. A lengthy discussion followed, and Council were once again divided on the issue, noting that consistency is important when enforcing by-laws and regulations, and that permitting the use of vertical siding would set a dangerous precedent for future applications. Members of Council felt that as the building was not a heritage building, the heritage standards should not apply, and that it would be reasonable to permit the use of vertical siding. Councillor Skinner asked for clarification on the use of vertical siding as while it is not permitted for use in full facades, it may be permitted in specific situations. The Chief Municipal Planner responded that vertical siding has been permitted as a decorative element for some buildings. Councillor Burton advised Council that prior to the current renovation work, the building did adhere to heritage standards, as it had been built with horizonal siding, and that deviation from the regulations should only occur when there are life safety concerns.

• SJMC-R-2021-09-13/438
  Moved By Councillor Hanlon
  Seconded By Councillor Collins

  That Council permit the use of vertical siding in relation to the proposed application for 16 George Street. 

  
  
  
  MOTION CARRIED (7 to 3)

2.

27 New Gower Street, Exterior Renovations, REN2100307

• SJMC-R-2021-09-13/439
  Moved By Councillor Burton
  Seconded By Councillor Skinner

  That Council:
  1) Approve the restoration of 27 New Gower Street (Phase 1), as proposed.
  2) Encourage the applicant to reinstall the curved glass window on the New Gower Street façade.
  3) Request revised drawings that show how the ramping and railing tie in with the proposed design of the building.
  4) Request plans showing both 16 George Street and 27 New Gower Street on all elevations to show how the two buildings would complement each other.
  5) Refer renovations related to the building extension (Phase 2, once finalized) to the Built Heritage Experts Panel for a recommendation to Council.

  
  
  
  MOTION CARRIED (10 to 0)

9.

DEVELOPMENT PERMITS LIST (FOR INFORMATION ONLY) 

9.1

Development Permits List September 2 - 8, 2021

Council considered the Development Permits list for information.

10.

BUILDING PERMITS LIST (FOR INFORMATION ONLY)

10.1

Building Permit List - September 13, 2021

Council considered the Building Permit List for information. 

11.

REQUISITIONS, PAYROLLS AND ACCOUNTS

11.1

Weekly Payment Vouchers for the Week Ending September 8, 2021

• SJMC-R-2021-09-13/440
  Moved By Councillor Froude
  Seconded By Councillor Collins

  That Council approve the Weekly Payment Vouchers for the week ending September 8, 2021, in the amount of $3,724,072.91.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Froude, Councillor Collins, and Councillor Skinner

  
  
  
  MOTION CARRIED (10 to 0)

12.

TENDERS/RFPS

13.

NOTICES OF MOTION, RESOLUTIONS QUESTIONS AND PETITIONS

14.

OTHER BUSINESS

14.1

SERC – Film Shoot Road Closures and Noise By-Law Extensions

• SJMC-R-2021-09-13/441
  Moved By Councillor Skinner
  Seconded By Deputy Mayor O'Leary

  That Council approve the road closures and noise by-law exemptions for the filming of Hudson and Rex on September 27 – 29 and October 4.

  
  

  For (10)

  Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Froude, Councillor Collins, and Councillor Skinner

  
  
  
  MOTION CARRIED (10 to 0)

15.

ACTION ITEMS RAISED BY COUNCIL

15.1

Bikemaps.org Report to Stakeholders

The Deputy Mayor informed Council about the BikeMaps.org Report to Stakeholders. BikeMaps is a crowdsourced geo-mapping tool for people to report bicycling near misses, collisions, hazards, and thefts. This data can then be used to identify gaps and improve cycling safety. 

15.2

Hurricane Cleanup

The Deputy Mayor asked the Deputy City Manager of Public Works if the City had the resources and ability to assist those without the means to bring fallen trees and debris to one of the drop off centres. The Deputy City Manager advised Council that the City does not have the resources available to assist with the removal of debris from private property. Members of Council suggested that individuals with the ability to assist to look out for individuals in need in their neighbourhoods, that individuals requiring help to reach out for assistance, or to contact a small contractor to help with removal.

16.

ADJOURNMENT

There being no further business, the meeting adjourned at 4:08 p.m.