Minutes of Regular Meeting - City Council

Council Chamber, 4th Floor, City Hall

Tuesday, June 23, 2020 at 3:00 P.m. - 5:00 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 Hope Jamieson
• Councillor Jamie Korab
• Councillor Ian Froude
• Councillor Wally Collins

Regrets:

• Councillor Dave Lane

Staff:

• Kevin Breen, City Manager
• Derek Coffey, Deputy City Manager of Finance & Administration
• Jason Sinyard, Deputy City Manager of Planning, Engineering & Regulatory Services
• Lynnann Winsor, Deputy City Manager of Public Works
• Cheryl Mullett, City Solicitor
• Elaine Henley, City Clerk
• Ken O'Brien, Chief Municipal Planner
• Shanna Fitzgerald, 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-2020-06-23/278
  Moved By Councillor Collins
  Seconded By Deputy Mayor O'Leary

  That the Agenda be adopted with one addition:

  • Bannerman Park Mobile Vending Space
  MOTION CARRIED (10 to 0)

4.

ADOPTION OF THE MINUTES

4.1

Adoption of Minutes - June 8, 2020

• SJMC-R-2020-06-23/279
  Moved By Councillor Hanlon
  Seconded By Councillor Burton

  That the minutes of the Regular Meeting held June 8, 2020 be adopted as presented.

  MOTION CARRIED (10 to 0)

5.

BUSINESS ARISING FROM THE MINUTES

5.1

68 Queen’s Road, Revised LUAR Public Consultation, MPA1900002

• SJMC-R-2020-06-23/280
  Moved By Councillor Burton
  Seconded By Councillor Hanlon

  That Council advertise the proposed amendments and the revised Land Use Assessment Report (LUAR) for 68 Queen’s Road as per Section 5.5 of the St. John’s Development Regulations, once the staff review is completed. Further, that staff consider the public gathering requirements for alert level 2 with some consideration for in person consultation with a plan to return to Council.

  MOTION CARRIED (10 to 0)

6.

NOTICES PUBLISHED

6.1

419 Main Road - Residential Low Density (R1) Zone - Ward 5

An extension to Non-conforming Use application has been submitted requesting permission to add an extension to the Eating Establishment at 419 Main Road.

The proposed floor area of the extension is 74.3m² to expand the kitchen and storage areas of the restaurant on the south side of the building. The existing building has a floor area of approximately 180m².

7 submissions received.

• SJMC-R-2020-06-23/281
  Moved By Councillor Collins
  Seconded By Councillor Burton

  That Council approve the application requesting permission to add an extension to the Eating Establishment at 419 Main Road subject to meeting all applicable regulatory requirements. 

  MOTION CARRIED (10 to 0)

6.2

556 Topsail Road - Residential Low density (R1) Zone - Ward 3

A change of Non-Conforming Use application has been submitted by Soft Touch Hair Salon requesting permission to change the occupancy of a vacant unit at 556 Topsail Road to a Hair Salon.

The proposed salon will have a floor area of 70.09 m². The salon will employee 3 hairstylists and 1 esthetician and operate Monday to Saturday 10 a.m.-8 p.m. On-site parking is provided.

1 submission received.

• SJMC-R-2020-06-23/282
  Moved By Councillor Korab
  Seconded By Councillor Hanlon

  That Council approve the application submitted by Soft Touch Hair Salon requesting permission to change the occupancy of a vacant unit at 556 Topsail Road to a Hair Salon subject to meeting all applicable regulatory requirements.

  MOTION CARRIED (10 to 0)

6.3

673 Topsail Road - Commercial Highway (CH) Zone - Ward 3

A Discretionary Use application has been submitted by Saltwater Designs Inc. requesting approval to occupy a vacant unit in the building at Civic 673 Topsail Road as an Eating Establishment for a Café/Ice-Cream Shop.

The Eating Establishment will have floor area of 47.4 m², and will operate Monday to Saturday, 10:00 am – 6:00 pm and Sunday, 12:00 pm – 5:00 pm. On-site parking is provided.

4 submissions received.

• SJMC-R-2020-06-23/283
  Moved By Councillor Korab
  Seconded By Councillor Stapleton

  That Council approve the application submitted by Saltwater Designs Inc. requesting approval to occupy a vacant unit in the building at Civic 673 Topsail Road as an Eating Establishment for a Café/Ice-Cream Shop subject to meeting all applicable regulatory requirements.

  MOTION CARRIED (10 to 0)

7.

COMMITTEE REPORTS

7.1

Development Committee Report

1.

Variance Request on Lot Area - SUB2000007 - 7 Scout’s Place

• SJMC-R-2020-06-23/284
  Moved By Councillor Burton
  Seconded By Councillor Collins

  That Council approve the 2.5% Variance for Lot Area at 7 Scout’s Place to allow development of the Lot subject to the conveyance of a 262.1m² area of land to the City for future road widening.

  MOTION CARRIED (10 to 0)

2.

Proposed Mineral Workings for Quarry Site - INT2000044 - Trans-Canada Highway

• SJMC-R-2020-06-23/285
  Moved By Councillor Burton
  Seconded By Deputy Mayor O'Leary

  That Council reject the proposed Discretionary Use for Mineral Workings quarry, as the property is located within the Thomas Pond Watershed, an identified future drinking water supply for the City.

  MOTION CARRIED (10 to 0)

3.

Request for Parking Relief for Retail Wholesale Use with an Ancillary School - 31 Peet Street

• SJMC-R-2020-06-23/286
  Moved By Councillor Burton
  Seconded By Councillor Froude

  That Council approve the parking relief for the 2 required parking spaces at 31 Peet Street. Future occupancies of vacant suites must be submitted for review and approval of parking relief by Council.

  MOTION CARRIED (10 to 0)

4.

Proposed Subdivide for Two Additional Building Lots - 36 Cabot Avenue - SUB2000006

• SJMC-R-2020-06-23/287
  Moved By Councillor Burton
  Seconded By Deputy Mayor O'Leary

  That Council approve the subdivision of two additional Lots at 36 Cabot Avenue and to re-establish the Building Line for each Lot at 3.0 meters.

  WITHDRAWN
• SJMC-R-2020-06-23/288
  Moved By Councillor Burton
  Seconded By Councillor Jamieson

  That Council defer this item and request further public advertisement to a wider radius.

  MOTION CARRIED (7 to 3)

7.2

Built Heritage Experts Panel Report - May 27, 2020

1.

36 Cabot Avenue, SUB2000006 (BHEP)

• SJMC-R-2020-06-23/289
  Moved By Councillor Burton
  Seconded By Deputy Mayor O'Leary

  That Council defer this item and request further public advertisement. 

  MOTION CARRIED (8 to 2)

7.3

Committee of the Whole Report - June 10, 2020

1.

Neighborhood Profiles - Connecting St. John's Neighborhoods

Approved via e-poll on June 16, 2020.

Councillor Jamieson requested that in Phase 2 of Neighborhood Profiles staff further review the neighborhood of Churchill Park as it relates to the inclusion of Georgetown.

• SJMC-R-2020-06-23/290
  Moved By Councillor Korab
  Seconded By Councillor Hickman

  That Council approve the launch of phase one of Neighbourhood Profiles – Connecting St John’s.

  MOTION CARRIED (10 to 0)

2.

Affordable Housing Working Group Membership

• SJMC-R-2020-06-23/291
  Moved By Deputy Mayor O'Leary
  Seconded By Councillor Hanlon

  That Council appoint Curtis Mercer as the temporary representative for CHBA and reaffirm the membership of the following members to the Affordable Housing Working Group:
  
  1. Gail Thornhill, Stella’s Circle – extend until May 2022
  2. Jill Snow, CMHC – extend until May 2022
  3. Andrew Harvey, First Light NL – extend until May 2022
  4. Ayon Shahed, Choices for Youth – extend until December 2020

  MOTION CARRIED (10 to 0)

3.

69 Patrick Street, Exterior Renovation

• SJMC-R-2020-06-23/292
  Moved By Councillor Burton
  Seconded By Councillor Hanlon

  That Council approve the design for exterior renovations at 69 Patrick Street, as proposed.

  MOTION CARRIED (10 to 0)

4.

25 Sea Rose Avenue, REZ2000002

• SJMC-R-2020-06-23/293
  Moved By Councillor Burton
  Seconded By Councillor Stapleton

  That Council consider rezoning the property at 25 Sea Rose Avenue from the Commercial Regional (CR) Zone to the Commercial Office (CO) Zone. Further, that the application be advertised for public review and comment and that the applicant provide a shadow analysis prior to public notification.

  MOTION CARRIED (9 to 1)

5.

Quidi Vidi Village Traffic Complaints

Councillor Jamieson suggested that the recommendation from Committee of the Whole be revised, as follows:

• SJMC-R-2020-06-23/294
  Moved By Councillor Hickman
  Seconded By Councillor Jamieson

  That Council place the installation of temporary speed cushions in Quidi Vidi Village on the traffic calming priority list with further monitoring of the traffic and parking issues and survey of residents for possible permanent installation as part of the traffic calming process. Further, that a parking area north of Quidi Vidi Village be referred for further consideration.

  MOTION CARRIED (10 to 0)

8.

DEVELOPMENT PERMITS LIST  (FOR INFORMATION ONLY) 

8.1

Development Permits List for Period of June 4, 2020 to June 17, 2020

9.

BUILDING PERMITS LIST

9.1

Building Permits List for week ending June 17, 2020

• SJMC-R-2020-06-23/295
  Moved By Councillor Hanlon
  Seconded By Councillor Burton

  That Council approve the Building Permits List for the week ending June 17, 2020.

  MOTION CARRIED (10 to 0)

10.

REQUISITIONS, PAYROLLS AND ACCOUNTS

10.1

Weekly Payment Vouchers for the Week Ending June 10, 2020

• SJMC-R-2020-06-23/296
  Moved By Deputy Mayor O'Leary
  Seconded By Councillor Collins

  That Council approve the Weekly Payment Vouchers for the week ending June 10, 2020 in the amount of $4,972,259.92.

  MOTION CARRIED (10 to 0)

10.2

Weekly Payment Vouchers for the Week Ending June 17, 2020

• SJMC-R-2020-06-23/297
  Moved By Councillor Stapleton
  Seconded By Councillor Hanlon

  That Council approve the Weekly Payment Vouchers for the week ending June 17, 2020 in the amount of $4,446,004.14.

  MOTION CARRIED (10 to 0)

11.

TENDERS/RFPS

11.1

2020088 – Two (2) Stake Body Trucks

• SJMC-R-2020-06-23/298
  Moved By Councillor Froude
  Seconded By Councillor Hanlon

  That Council award open call 2020088 – Two (2) Stake Body Trucks to the lowest bidder meeting specification, Royal Freightliner, for $240,044.33, HST included, as per the Public Procurement Act. The City reserves the right to order an additional 1 or 2 units within 6 months of award of tender, at the same tendered price.

  MOTION CARRIED (10 to 0)

11.2

2020084 - 2020 Bridge Rehab Contract #1

• SJMC-R-2020-06-23/299
  Moved By Councillor Froude
  Seconded By Councillor Hickman

  That Council award open call 2020084 2020 Bridge Rehab Contract #1 to the lowest qualified bidder Modern Paving Limited for the sum of $473,455.00 (HST included) as per the Public Procurement Act.

  MOTION CARRIED (10 to 0)

11.3

2020090 - 2020 Asphalt Crack Seal Program

• SJMC-R-2020-06-23/300
  Moved By Councillor Froude
  Seconded By Councillor Stapleton

  That Council award open call 2020090 Asphalt Crack Seal Program to the lowest, and sole bidder, meeting specifications, Crown Contracting Inc. for the sum of $ 157,498.25 (HST included) as per the Public Procurement Act.

  MOTION CARRIED (10 to 0)

11.4

Engineering Consulting Services

• SJMC-R-2020-06-23/301
  Moved By Councillor Froude
  Seconded By Deputy Mayor O'Leary

  THAT Council award to CBCL Limited in the amount of $1,078,251.50 based on the evaluation of the proposals by the City’s evaluation team as per the Public Procurement Act.

  MOTION CARRIED (10 to 0)

11.5

SCADA engineering professional support services for St. John's Water and Wastewater Facilities

• SJMC-R-2020-06-23/302
  Moved By Councillor Froude
  Seconded By Councillor Jamieson

  That Council award this work to JACOBS for the sum of ($202,112.00 HST extra) the sole source provider of the SCADA information required, as per the Public Procurement Act.

  MOTION CARRIED (10 to 0)

11.6

Purchase of Loaders

• SJMC-R-2020-06-23/303
  Moved By Councillor Froude
  Seconded By Councillor Collins

  That Council approve the end of lease option to purchase 10 loaders. These loaders present excellent value and will help replace older units.

  MOTION CARRIED (10 to 0)

12.

NOTICES OF MOTION, RESOLUTIONS QUESTIONS AND PETITIONS

13.

OTHER BUSINESS

13.1

Bannerman Park Mobile Vending Space

• SJMC-R-2020-06-23/304
  Moved By Councillor Jamieson
  Seconded By Councillor Hanlon

  That Council direct staff to investigate putting a leased mobile vending space by Bannerman Park and bring back a recommendation to Council.

  MOTION CARRIED (10 to 0)

14.

ADJOURNMENT

There being no further business, the meeting adjourned at 4:31 pm.