Minutes of Regular Meeting - City Council

Council Chamber, 4th Floor, City Hall

Meeting #:
Date:	Monday, January 13, 2020 at 4:30 P.m. - 6:30 P.m.
Location:	4th Floor City Hall

Present:

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

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
• Cheryl Mullett, City Solicitor
• Elaine Henley, City Clerk
• Ken O'Brien, Chief Municipal Planner
• Shanna Fitzgerald, Legislative Assistant

Others:

• Brian Head, Manager of Parks & Open Spaces - Public Works

​​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-2020-01-13/1
  Moved By Councillor Collins
  Seconded By Councillor Hanlon

  That the Agenda be adopted as presented.

  MOTION CARRIED (10 to 0)

4.

ADOPTION OF THE MINUTES

4.1

Adoption of Minutes - December 16, 2019

• SJMC-R-2020-01-13/2
  Moved By Councillor Jamieson
  Seconded By Councillor Stapleton

  That the minutes of the Regular Meeting held December 16, 2019 be adopted as presented.

  MOTION CARRIED (11 to 0)

5.

BUSINESS ARISING FROM THE MINUTES

6.

NOTICES PUBLISHED

6.1

Notices Published January 6, 2020

1.

21 Adams Avenue - Institutional (INST) Zone - Ward 2

An application has been submitted requesting permission to allow Office Use at 21 Adams Avenue.

The existing building is in the Institutional (INST) Zone where Office Use is Discretionary. The proposed business is a non-profit community-based organization that employs approximately 33 employees and will occupy a floor area of approximately 723 square meters. Hours of operation will be Monday to Friday 8 a.m. - 5 p.m. with on-site parking.

No submissions received

• SJMC-R-2020-01-13/3
  Moved By Councillor Jamieson
  Seconded By Deputy Mayor O'Leary

  That the application submitted requesting permission to allow Office Use at 21 Adams Avenue be approved subject to all applicable City requirements.

  MOTION CARRIED (11 to 0)

2.

48 Kenmount Road - Commercial Regional (CR) Zone - Ward 4

A Discretionary Use application has been submitted by Cineplex Entertaining LP. requesting permission to operate a Lounge at 48 Kenmount Road.

The Lounge will take place in the existing cinema area and will operate as per the regularly scheduled movie times (starting 11:30 a.m. on weekdays, 10:30 a.m. on weekends ending 15 minutes after the last posted movie of the day). The sale and consumption of alcohol will strictly follow all Provincial laws and regulations.

2 submissions received 

• SJMC-R-2020-01-13/4
  Moved By Councillor Froude
  Seconded By Deputy Mayor O'Leary

  That this matter be deferred to a future meeting of Council.

  MOTION CARRIED (9 to 2)

3.

63 O’Leary Avenue - Commercial Industrial (CI) Zone - Ward 4

A Discretionary Use application has been submitted by Rogers Communication Inc. requesting to construct a telecommunications tower located at 63 O’Leary Avenue.

In accordance with the obligations under the Radio Communication Act and Industry Canada’s Tower Siting Procedure CPC-2-0-03, the City of St. John’s hereby notifies property owners in the vicinity of 63 O’Leary Avenue of Rogers intention to construct a telecommunications tower system consisting of:

• A 40-meter self-supporting telecommunication tower (including antennas and a lightning rod.
• A tower base measuring 6 meters on either side.
• An equipment shelter located at the base of the proposed tower surrounded by a security fence with a locked gate access point.
• Installation of 6 LTE (4G) antennas measuring approximately 2.09 m x 50 cm x 20.6 cm and 18 radio units measuring approximately 35 cm x 42 cm x 20 cm as close as possible to the top of the proposed tower.

No submissions received.

• SJMC-R-2020-01-13/5
  Moved By Councillor Froude
  Seconded By Councillor Hanlon

  That the application submitted by Rogers Communication Inc. requesting to construct a telecommunications tower located at 63 O’Leary Avenue be approved subject to all applicable City requirements. 

  MOTION CARRIED (11 to 0)

6.2

Notices Published January 13, 2020

1.

61 Radio Range Road - Commercial Neighbourhood (CN) Zone - Ward 1

An application for an Extension to a Non-Conforming Use has been submitted to the City requesting permission to add an extension to the dwelling at 61 Radio Range Road.

The existing dwelling has a total floor area of 100.9 m². The extension will first involve the removal of 8m² of floor area, then an addition of 17.8m² will be added for an overall extension of 9.9m². The proposed dwelling would then have a total floor area of 110.8m².

1 submission received.

• SJMC-R-2020-01-13/6
  Moved By Councillor Stapleton
  Seconded By Councillor Collins

  That the application submitted to the City requesting permission to add an extension to the dwelling at 61 Radio Range Road be approved subject to all applicable City requirements.

  MOTION CARRIED (11 to 0)

7.

COMMITTEE REPORTS

7.1

Development Committee Report - December 17, 2019

1.

Request for Building Line Setback - DEV 1900230 - 18 Long Pond Road

• SJMC-R-2020-01-13/7
  Moved By Councillor Burton
  Seconded By Councillor Hickman

  That Council approve the 20.58 metre Building Line setback for 18 Long Pond Road.

  MOTION CARRIED (11 to 0)

2.

Crown Land Lease - CRW1900021 - 2540 Trans-Canada Highway

• SJMC-R-2020-01-13/8
  Moved By Councillor Burton
  Seconded By Deputy Mayor O'Leary

  That Council approve the Crown Land Lease at 2540 Trans-Canada Highway.

  MOTION CARRIED (11 to 0)

7.2

Development Committee Report - January 7, 2020

1.

Request for Parking Relief and to Set the Parking for Proposed Service Shop - INT1900122 - 10-12 Pippy Place

• SJMC-R-2020-01-13/9
  Moved By Councillor Burton
  Seconded By Councillor Hanlon

  That Council approve the parking relief for the 3 required spaces and set the parking requirement for the shoe repair business at 5 spaces. Future occupancies of the vacant suites must also submit for review and request of parking relief.

  MOTION CARRIED (11 to 0)

7.3

Committee of the Whole Report - December 11, 2019

1.

Decision Note dated December 3, 2019 re: Cash Handling and Petty Cash Policy

• SJMC-R-2020-01-13/10
  Moved By Councillor Lane
  Seconded By Councillor Korab

  That Council approve the Cash Handling and Petty Cash Policy and rescind the current related policy (04-11-02 Acceptable Forms of Payment).

  MOTION CARRIED (11 to 0)

2.

Decision Note dated December 4, 2019 re: Procurement Policy

• SJMC-R-2020-01-13/11
  Moved By Councillor Lane
  Seconded By Councillor Hanlon

  That Council approve the Procurement Policy and rescind the current related policy (04-06-01 Purchasing Policies and Procedures Manual).

  MOTION CARRIED (11 to 0)

3.

Decision Note dated December 3, 2019 re: Sponsorship Policy

Attached draft policy has been updated based on discussion in Committee of the Whole on December 11, 2019

• SJMC-R-2020-01-13/12
  Moved By Councillor Lane
  Seconded By Councillor Hickman

  That the Council approve the Sponsorship Policy and rescind the current related policy (05-01-14 Promotion of Charitable Causes and Commercial Products/Services on City Property) as presented.

  MOTION CARRIED (9 to 2)

4.

Decision Note dated December 4, 2019 re: Fraud Policy

• SJMC-R-2020-01-13/13
  Moved By Councillor Lane
  Seconded By Councillor Burton

  That Council approve the Fraud Policy as presented.

  MOTION CARRIED (11 to 0)

5.

Decision Note dated December 4, 2019 re: Respectful Workplace Policy

Attached draft policy has been updated based on discussion in Committee of the Whole on December 11, 2019

• SJMC-R-2020-01-13/14
  Moved By Councillor Lane
  Seconded By Deputy Mayor O'Leary

  That the draft Respectful Workplace Policy be approved as presented.

  MOTION CARRIED (11 to 0)

6.

Decision Note dated December 2, 2019 re: Bowring Park Bridge Replacement Alternative

• SJMC-R-2020-01-13/15
  Moved By Councillor Froude
  Seconded By Councillor Korab

  That the following be undertaken with respect to Bowring Park Bridge:

  • The decommissioned Whale’s Back Bridge be removed.
  • The Whale’s Back Bridge be replaced with two (2) observation decks.
  • The observation deck project, at a cost of $43,000 be referred to the 2020 Capital Works program, for consideration by Council.
  MOTION CARRIED (11 to 0)

7.

Decision Note dated December 3, 2019 re: Application to Amend Land Use within the Planned Mixed Development 1 (PMD1) Zone for development of Townhouses/Semi-Detached Dwellings in the Galway Residential Area; REZ 1800020; 725 Southlands Boulevard

• SJMC-R-2020-01-13/16
  Moved By Councillor Burton
  Seconded By Councillor Collins

  That Council consider the proposed change in land use from Single Unit Dwellings to Townhouses and Semi-Detached Dwellings along Donegal Run within the Planned Mixed Development 1 (PMD-1) Zone. It is further agreed that the application be advertised for public review and comment. Following advertisement, the proposed amendment would be referred to a Regular Meeting of Council for consideration of adoption.

  MOTION CARRIED (11 to 0)

8.

DEVELOPMENT PERMITS LIST  (FOR INFORMATION ONLY) 

8.1

Development Permits List for the period December 12, 2019 to January 1, 2020

Council considered for information the above noted Development Permits List.

9.

BUILDING PERMITS LIST

9.1

Building Permits List for period December 12 - December 31, 2019

• SJMC-R-2020-01-13/17
  Moved By Councillor Jamieson
  Seconded By Councillor Froude

  That Council approve the Building Permits List for the period December 12, 2019 - December 31, 2019.

  MOTION CARRIED (11 to 0)

9.2

Building Permits List for period January 2 - January 8, 2020

• SJMC-R-2020-01-13/18
  Moved By Councillor Hickman
  Seconded By Councillor Lane

  That Council approve the Building Permits List for the period January 2 - January 8, 2020.

  MOTION CARRIED (11 to 0)

10.

REQUISITIONS, PAYROLLS AND ACCOUNTS

10.1

Weekly Payment Vouchers - Week Ending December 18, 2019

• SJMC-R-2020-01-13/19
  Moved By Councillor Froude
  Seconded By Councillor Jamieson

  That Council approve the Weekly Payment Vouchers for the week ending December 18, 2019 in the amount of $2,412,885.96.

  MOTION CARRIED (11 to 0)

10.2

Weekly Payment Vouchers - Week Ending December 31, 2019 

• SJMC-R-2020-01-13/20
  Moved By Councillor Stapleton
  Seconded By Deputy Mayor O'Leary

  That Council approve the Weekly Payment Vouchers for the week ending December 31, 2019 in the amount of $6,233,008.55.

  MOTION CARRIED (11 to 0)

10.3

Weekly Payment Vouchers - Week Ending January 8, 2020

• SJMC-R-2020-01-13/21
  Moved By Councillor Hickman
  Seconded By Councillor Stapleton

  That Council approve the Weekly Payment Vouchers for the week ending January 8, 2020 in the amount of $6,064,806.13.

  MOTION CARRIED (11 to 0)

11.

TENDERS/RFPS

11.1

E-Poll re: Snow Clearing and Ice Control Churchill Square

• SJMC-R-2020-01-13/22
  Moved By Councillor Froude
  Seconded By Deputy Mayor O'Leary

  That Council ratify the results of the e-poll of December 18, 2019 awarding Bid Approval Note 2019260 for Snow Clearing and Ice Control Churchill Square to JAT Excavating Inc., as per the Public Procurement Act in the amount of $114,000 HST not included.

  MOTION CARRIED (11 to 0)

11.2

Request for Proposals -  2019246 - Wide Area Network Connection Services

• SJMC-R-2020-01-13/23
  Moved By Councillor Froude
  Seconded By Councillor Lane

  That Council approve RFP 2019246 for WAN Connection Services to Roger's Communications in the amount of $107,900 based on an evaluation of the proposals by the City's evaluation team as per the Public Procurement Act.

  MOTION CARRIED (11 to 0)

11.3

Bid Approval Note - 2019248 - Supply and Delivery of Annual Flowers

• SJMC-R-2020-01-13/24
  Moved By Councillor Froude
  Seconded By Councillor Collins

  That Council approve Bid Approval Note 2019248 for the Supply and Delivery of Annual Flowers to Stanley Flowers Ltd, in the amount of $68,710.20 (HST included), the lowest bidder meeting specifications as per the Public Procurement Act.

  MOTION CARRIED (11 to 0)

12.

NOTICES OF MOTION, RESOLUTIONS QUESTIONS AND PETITIONS

13.

OTHER BUSINESS

13.1

E-Poll re: Mobile Vending on the Parking Lot of Holy Heart High School

• SJMC-R-2020-01-13/25
  Moved By Councillor Froude
  Seconded By Deputy Mayor O'Leary

  That Council ratify the approval of mobile vending on the parking lot of Holy Heart High School for a Christmas tree chipping event on January 5, 2020 from 10 am to 2 pm

  MOTION CARRIED (11 to 0)

13.2

Travel Authorization – Hospitality NL Conference & Trade Show – Councillor Hanlon

• SJMC-R-2020-01-13/26
  Moved By Councillor Jamieson
  Seconded By Councillor Stapleton

  That Council approve costs associated with Councillor Hanlon’s travel at the HNL Conference and Trade Show being held in Corner Brook from February 25-27, 2020.

  MOTION CARRIED (11 to 0)

13.3

Travel Authorization – Councillor Hanlon – Seatrade Conference – Miami, Florida

• SJMC-R-2020-01-13/27
  Moved By Councillor Hickman
  Seconded By Councillor Stapleton

  That Council approve costs associated with Councillor Hanlon’s travel to the Seatrade Cruise Global Conference to be held in Miami Beach, Florida from April 21-23, 2020.

  MOTION CARRIED (11 to 0)

14.

ADJOURNMENT

There being no further business, the meeting adjourned at 5:17 pm.