Minutes of Regular Meeting - City Council

Council Chamber, 4th Floor, City Hall

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4th Floor City Hall
Present:
  • Mayor Danny Breen
  • Deputy Mayor Sheilagh O'Leary
  • Councillor Maggie Burton
  • Councillor Sandy Hickman
  • Councillor Deanne Stapleton
  • Councillor Jamie Korab
  • Councillor Ian Froude
  • Councillor Wally Collins
  • Councillor Shawn Skinner
Regrets:
  • Councillor Debbie Hanlon
Staff:
  • Kevin Breen, City Manager
  • 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
  • Susan Bonnell, Manager - Communications & Office Services
  • 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.”


  • SJMC-R-2021-09-07/403
    Moved ByCouncillor Skinner
    Seconded ByCouncillor Collins

    That the Agenda be adopted as presented.


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/404
    Moved ByCouncillor Froude
    Seconded ByDeputy Mayor O'Leary

    That the minutes of August 23, 2021 be adopted as presented.


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


    MOTION CARRIED (9 to 0)

Councillor Skinner expressed concern that allowing the proposed extension would permit the commercial intensification of the building. Staff responded that as the existing store is of Non-Conforming Use, any change in non-conformity would require a decision from Council. Council agreed that as this was modest extension not meant to intensify the business but to allow them to work more efficiently that there would be minimal risk to the watershed.

  • SJMC-R-2021-09-07/405
    Moved ByCouncillor Burton
    Seconded ByCouncillor Hickman


    That Council approve the extension to the existing commercial Building at 901-909 Thorburn Road (Sharpe’s Store), which would allow an extension of 17.8m2 to the existing kitchen in accordance with Section 104 (4)(d) City of St. John’s Act.


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/406
    Moved ByCouncillor Burton
    Seconded ByCouncillor Froude

    That Council approve the construction of a Single Detached Dwelling and set the Building Line at 7.02 metres at 6 Winter Avenue.


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/407
    Moved ByCouncillor Burton
    Seconded ByDeputy Mayor O'Leary

    That Council reject the proposed Crown Land Grant for 0.19 hectares at 1040 Main Road.


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


    MOTION CARRIED (9 to 0)

Councillor Korab questioned if it would be possible to limit the intensification of the business, as it is located in a largely residential area. As the development is of Non-Conforming Use, the City could enter into a development agreement that would limit the scale of the operation.  

  • SJMC-R-2021-09-07/408
    Moved ByCouncillor Burton
    Seconded ByCouncillor Korab

    That Council approve the change of Non-Conforming Use at 43 Welland Street to allow an Office Use, soil testing and storage of field-testing equipment.


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/409
    Moved ByCouncillor Hickman
    Seconded ByCouncillor Skinner

    That Council award this open call to the lowest bidder meeting specifications, Uniform Works Limited $74,905.45 per year (HST included) as per the Public Procurement Act.


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/410
    Moved ByCouncillor Collins
    Seconded ByCouncillor Hickman

    That Council award this open call to the lowest bidder meeting specifications, Dexter Construction Company Limited, for $6,989,595.35 (HST included) as per the Public Procurement Act.


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/411
    Moved ByCouncillor Collins
    Seconded ByDeputy Mayor O'Leary

    That Council award this open call to the lowest bidder meeting specifications, Weir’s Construction Limited, for $6,524,197.25 (HST included) as per the Public Procurement Act.


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/412
    Moved ByCouncillor Hickman
    Seconded ByCouncillor Korab

    THAT Council award this contract to the proponent with the highest score, J.W. Lindsay Enterprises Limited, for $ 33,597,250.00 (HST included) as per the Public Procurement Act.


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/413
    Moved ByCouncillor Burton
    Seconded ByCouncillor Skinner

    That Council approve the Discretionary Use of an Outdoor Eating Area at 10 King’s Road subject to the applicant either leasing or purchasing city property (approved via e-poll September 1, 2021).


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/414
    Moved ByCouncillor Burton
    Seconded ByDeputy Mayor O'Leary

    That Council approve the Envision St. John’s Municipal Plan and Development Regulations, dated September 2021, as amended.


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


    MOTION CARRIED (9 to 0)

Councillor Skinner felt that electric vehicle chargers should not be looked at as revenue generating, and that funds paid to the City via the use of the chargers should be used to cover maintenance costs and further expand the EV charging network. He also noted that charging from home is complicated in the Downtown area and a pilot project will be taking place to further investigate the issue. 

  • SJMC-R-2021-09-07/416
    Moved ByCouncillor Froude
    Seconded ByCouncillor Korab

    That Council approves the locations and funds to implement the proposed EV charging network with the proposed fee structure for publicly available chargers.



    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/417
    Moved ByCouncillor Stapleton
    Seconded ByCouncillor Collins

    That Council approve the Weekly Payment Vouchers for the week ending August 25, 2021 in the amount of $3,717,015.30


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/418
    Moved ByDeputy Mayor O'Leary
    Seconded ByCouncillor Hickman

    That Council approve the Weekly Payment Vouchers for the week ending September 1, 2021 in the amount of $2,964,750.35


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/419
    Moved ByCouncillor Hickman
    Seconded ByCouncillor Skinner

    That Council award this sole source contract to ESRI Canada for $296,440.00 (excluding HST) as per the Public Procurement Act.


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


    MOTION CARRIED (9 to 0)

Notice of Motion to adopt new Heritage By-Law

Councillor Burton gave the following Notice of Motion to adopt new Heritage By-Law:

NOTICE OF MOTION

TAKE NOTICE that I will at the next regular meeting of the St. John’s Municipal Council move to enact a new comprehensive Heritage By-Law regulating Heritage Buildings and Heritage Areas in the City of St. John’s.

DATED at St. John’s, NL this 7th day of September, 2021.

COUNCILLOR Maggie Burton

  • SJMC-R-2021-09-07/420
    Moved ByCouncillor Skinner
    Seconded ByCouncillor Stapleton

    That Council approve road closures for the following events:
    •Motorcycle Ride for Dad, September 25
    •Gower Street Block Party, September 26 (rain date October 3)
    •March for Gender Equality, October 23 (rain date October 24)


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


    MOTION CARRIED (9 to 0)

Councillor Froude asked if residents were given notice of road closures in advance. Staff affirmed that notification of those directly impacted is requested for road closures. 

  • SJMC-R-2021-09-07/421
    Moved ByCouncillor Skinner
    Seconded ByDeputy Mayor O'Leary

    That Council approve the road closures and noise by-law extensions for Astrid and Lilly Save the World filming on Sept 13, 14, and 23.


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


    MOTION CARRIED (9 to 0)

Councillor Froude noted that generally policy items are not dealt with during an election period and requested that this item be referred to the next Council. 

  • SJMC-R-2021-09-07/422
    Moved ByCouncillor Froude
    Seconded ByDeputy Mayor O'Leary

    That Council defer the proposed Municipal Diversion Initiative that would make use of alternative mechanism of resolution outside of prosecution to the new Council.


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


    MOTION CARRIED (9 to 0)

Councillor Skinner asked that sidewalk accessibility be taken into consideration in the design of the new patio. 

  • SJMC-R-2021-09-07/423
    Moved ByCouncillor Skinner
    Seconded ByCouncillor Stapleton

    That Council approve the Lease of the City owned land in front of 15 George Street, as shown in red on the diagram below, for the installation of a permanent patio


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/424
    Moved ByCouncillor Collins
    Seconded ByCouncillor Skinner

    That Council approve the Quit Claim of the abandoned drainage ditch between 34/36 and 38 Heffernan’s Line and 17 and 19 Beaver Brook Drive, as shown in red on the diagram below.


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/425
    Moved ByCouncillor Collins
    Seconded ByCouncillor Froude

    That Council approve the Quit Claim of the Right of Way between 12 and 14 Waterford Heights South, as shown in red on the diagram below.


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/426
    Moved ByCouncillor Froude
    Seconded ByCouncillor Skinner

    That Council approve the sale of City land in front of 5 and 7 Little Street, as shown in red on the diagram below.


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/427
    Moved ByCouncillor Burton
    Seconded ByCouncillor Skinner

    That Council approve the window replacements at 23 King’s Bridge Road, as proposed.


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


    MOTION CARRIED (9 to 0)
  • SJMC-R-2021-09-07/428
    Moved ByCouncillor Korab
    Seconded ByCouncillor Hickman

    That Council issue an Order pursuant to section 102(1) of the Urban and Rural Planning Act, 2000 to remove the accessory building at 13 Devine Place which violates the St. John’s Development Regulations.


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


    MOTION CARRIED (9 to 0)

Members of Council acknowledged concerns from residents about parking in the area. If Council were to approve the adoption-in-principle, it would in no way obligate them to approve the development. The development would go through a Commissioner's hearing and residents would have ample opportunity to voice their concerns. The request for parking relief would come after the Commissioner's hearing. Councillor Hickman reminded Council that Memorial University was a partner of the City, and they have expressed concerns about the impact the development would have on the university. Council noted that there is a gap in market-level, affordable apartments, and this development would alleviate this issue and would also align with the City's plans for development. Councillor Froude informed Council that for the approximately1,500 individuals living in residences on campus, MUN provides 80 parking spaces. Proportionally, for the Lambe's Lane development to have same ratio of residents to spaces, there would be a requirement of 30 parking spaces. Council were supportive of the motion as it would allow further discussion and engagement on the proposed development and permit additional high-density proposals in the area should the current proposal be rejected.

  • SJMC-R-2021-09-07/429
    Moved ByCouncillor Froude
    Seconded ByCouncillor Burton

    That Council adopt-in-principle the resolutions for St. John’s Municipal Plan Amendment 158, 2021 and St. John’s Development Regulations Amendment 726, 2020, regarding proposed apartment buildings at 6 Lambe’s Lane.


    For (8)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Stapleton, Councillor Korab, Councillor Froude, Councillor Collins, and Councillor Skinner
    Against (1)Councillor Hickman


    MOTION CARRIED (8 to 1)

The Deputy Mayor requested information concerning the cleanup process after festivals held within the City. Staff responded that the organizer is ultimately responsible for cleaning up and depending on the size and scale of the festival this process may take 24 to 48 hours to complete. Obvious garbage is first removed, then large equipment, such as audio equipment, fencing and other large structures, are moved from the area. This is then followed by a more thorough cleaning.

The Deputy Mayor notified Council that the City currently has 90 vacant affordable housing units, and 52 of those units are not rent ready. They urged council to bear this in mind when entering into upcoming budget discussions. Council also noted that many units are overbuilt and not suitable for single people or small families.

The Mayor stated that interest in running in municipal elections is not as strong as it has been in previous years and that it was important to identify and address concerns that keep people from running. This issue will need to be examined over the next four years to encourage participation in the next election. 

There being no further business, the meeting adjourned at 4:26 p.m.

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