Minutes of Regular Meeting - City Council

Council Chamber, 4th Floor, City Hall

Tuesday, September 17, 2024 at 3:00 P.m. - 4:30 P.m.

4th Floor City Hall

Present:

• Mayor Danny Breen
• Councillor Ron Ellsworth
• Councillor Sandy Hickman
• Councillor Jill Bruce
• Councillor Ophelia Ravencroft
• Councillor Tom Davis
• Councillor Carl Ridgeley

Regrets:

• Deputy Mayor Sheilagh O'Leary
• Councillor Maggie Burton
• Councillor Debbie Hanlon

Staff:

• 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
• Jackie O'Brien, Manager of Communications
• Jennifer Squires, Legislative Assistant
• Theresa Walsh, City Clerk

​​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

2.1

National Tree Day 2024

3.

APPROVAL OF THE AGENDA

3.1

Adoption of Agenda

• SJMC-R-2024-09-17/431
  Moved By Councillor Ravencroft
  Seconded By Councillor Ridgeley

  That the Agenda be adopted as presented.

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

4.

ADOPTION OF THE MINUTES

4.1

Adoption of Minutes - September 3, 2024

• SJMC-R-2024-09-17/432
  Moved By Councillor Hickman
  Seconded By Councillor Bruce

  That the minutes of September 3, 2024, be adopted as presented.

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

5.

BUSINESS ARISING FROM THE MINUTES

6.

DEVELOPMENT APPLICATIONS

6.1

Proposed Redevelopment of a Non-Conforming Building – 121-125 Campbell Avenue- DEV2400113

• SJMC-R-2024-09-17/433
  Moved By Councillor Ridgeley
  Seconded By Councillor Ravencroft

  That Council approve the redevelopment of a Non-Conforming Building at 121-125 Campbell Avenue for an Apartment Building.

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

6.2

Proposed Deck in the Wetland Buffer – 45 Leonard J. Cowley Street – INT2400074

• SJMC-R-2024-09-17/434
  Moved By Councillor Ridgeley
  Seconded By Councillor Ellsworth

  That Council approve a 19.8m2 residential Deck in the Wetland Buffer at 45 Leonard J. Cowley Street.

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

7.

RATIFICATION OF EPOLLS

8.

COMMITTEE REPORTS

8.1

Committee of the Whole - September 10, 2024

1.

7 Rickett’s Road – MPS2400006

• SJMC-R-2024-09-17/435
  Moved By Councillor Ellsworth
  Seconded By Councillor Ravencroft

  That Council consider rezoning 7 Rickett’s Road from the Institutional (INST) Zone to the Apartment 1 (A1) Zone for a proposed Cluster Development. Further, upon receiving a satisfactory Land Use Report (LUR), that the application be advertised for public input and feedback.

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

2.

Youth Engagement Working Group - Membership

• SJMC-R-2024-09-17/436
  Moved By Councillor Ravencroft
  Seconded By Councillor Bruce

  That Council approve of the appointment of Bradley Greeley and Zeinab Salehiankia to the Youth Engagement Working Group.

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

3.

Pippy Park Commission Board – Appointment of City Council Representative

• SJMC-R-2024-09-17/437
  Moved By Councillor Davis
  Seconded By Councillor Ellsworth

  That Council appoint Councillor Sandy Hickman as City Council Representative to the Pippy Park Commission Board.

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

4.

NL Sports Centre Board – Appointment of City Council Representatives

• SJMC-R-2024-09-17/438
  Moved By Councillor Hickman
  Seconded By Councillor Ridgeley

  That Council appoint Councillor Tom Davis as City Council Representative and reappoint Tanya Haywood, Deputy City Manager of Community Services, as City Staff Representative to the Newfoundland and Labrador Sports Centre Board.

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

9.

DEVELOPMENT PERMITS LIST (FOR INFORMATION ONLY) 

9.1

Development Permits List August 29 - September 11, 2024

10.

BUILDING PERMITS LIST (FOR INFORMATION ONLY)

10.1

Building Permits List

11.

REQUISITIONS, PAYROLLS AND ACCOUNTS

11.1

Weekly Payment Vouchers for the Weeks Ending September 4 and September 11, 2024

• SJMC-R-2024-09-17/439
  Moved By Councillor Ellsworth
  Seconded By Councillor Bruce

  That the weekly payment vouchers for the weeks ending September 4, 2024, and September 11, 2024, in the amount of $14,723,556.37, be approved as presented.

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

12.

TENDERS/RFPS

13.

NOTICES OF MOTION, RESOLUTIONS QUESTIONS AND PETITIONS

14.

NEW BUSINESS

14.1

Easement over Harbour Drive

Councillor Hickman questioned if the communication wire would be permanent or temporary. The Deputy City Manager of Planning, Engineering, & Regulatory Services responded that the wire would be a permanent fixture. Councillor Hickman stated that Harbour Drive was designed to be free of wires and asked if any alternative designs had been considered. The City Solicitor advised that the application was circulated to all City departments and no issues were identified. 

• SJMC-R-2024-09-17/440
  Moved By Councillor Ravencroft
  Seconded By Councillor Ridgeley

  That Council approve an Easement over Harbour Drive, as shown on the attached diagram.

  
  

  For (5)	Mayor Breen, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley
  Against (2)	Councillor Hickman, and Councillor Davis

  
  
  
  MOTION CARRIED (5 to 2)

14.2

Team Gushue Highway Extension – Public Works and Infrastructure in Floodplain, Floodplain Buffer, Wetland, and Wetland Buffer

Councillor Hickman noted that the City infrastructure located in the right-of-way was not included in the memo. Staff advised that the intent of the memo was to seek Council's permission to build public infrastructure within the Floodplain and Floodplain Buffers. The City is working with the Department of Transportation and Infrastructure on some issues that have been identified, but Staff could not comment on the issues at this time. 

• SJMC-R-2024-09-17/441
  Moved By Councillor Ridgeley
  Seconded By Councillor Davis

  That Council approve Public Works and Infrastructure in the Floodplain, Floodplain Buffer, Wetland, and Wetland Buffer for Team Gushue Highway Extension as per Sections 4.10(4) and (5) of the Development Regulations.

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

14.3

Overnight Construction – Elizabeth Avenue SUP Phase 2

Members of Council agreed that the exemption to allow intermittent overnight construction was a good accommodation that would expedite necessary infrastructure work and road repairs. Councillor Ravencroft commented that although overnight construction could be disruptive, there are cases where the work could be of benefit. The work will require water shut offs which would affect businesses and residences in the area, but the overnight work would minimize the disruption for many residents. Councillor Ellsworth noted that the heavy construction and loss of water would impact The Guv'nor Inn and Pub located on Elizabeth Avenue and encouraged residents to frequent and support the business when possible.  

• SJMC-R-2024-09-17/442
  Moved By Councillor Hickman
  Seconded By Councillor Davis

  That Council grant the Contractor permission to work outside the City’s noise bylaw hours, allowing the Contractor to work between 11:00 pm and 7:00 am for the Elizabeth Avenue work intermittently. This work is anticipated to take place sporadically and notifications will be provided to impacted businesses and residents and a public notification will be posted to the City’s website prior to any overnight work taking place.

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

14.4

Text Amendment – Heritage Use Definition and Conditions - Adoption

Councillor Hickman informed Council he had concerns surrounding the restrictions placed on adding extensions to Heritage Buildings. He asked if the amendment would fully preclude extensions being as large or larger than the existing building. The Chief Municipal Planner advised that the amendment clarifies the size parameters for an extension of a designated Heritage Building while still respecting the heritage of the original building. He further noted that the amendment provides direction on the permitted size of the extension. A horizontal extension on a street facing façade shall not exceed 75% of the width of the existing building façade, and vertical extensions must be horizontally recessed and may require a stepback. The intent of the amendment is to ensure that additions to a Heritage Building do not overshadow the original building.

• SJMC-R-2024-09-17/443
  Moved By Councillor Ellsworth
  Seconded By Councillor Ravencroft

  That Council adopt Envision St. John’s Development Regulations Amendment Number 41, 2024, regarding Heritage Use, that will make changes to Section 2 “Definitions” and add to Section 6 “Specific Developments”..

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

14.5

St. John’s Sports & Entertainment – Appointment of New Member to Board of Directors

• SJMC-R-2024-09-17/444
  Moved By Councillor Ellsworth
  Seconded By Councillor Ridgeley

  That Council approve the appointment of Michael Duah to the St. John’s Sports and Entertainment Board of Directors.

  
  

  For (7)

  Mayor Breen, Councillor Hickman, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, Councillor Ridgeley, and Councillor Davis

  
  
  
  MOTION CARRIED (7 to 0)

15.

OTHER BUSINESS

16.

ACTION ITEMS RAISED BY COUNCIL

17.

ADJOURNMENT

There being no further business, the meeting adjourned at 3:34 p.m.