Minutes of Regular Meeting - City Council

Council Chamber, 4th Floor, City Hall

-
4th Floor City Hall
Present:
  • Mayor Danny Breen
  • Deputy Mayor Sheilagh O'Leary
  • Councillor Maggie Burton
  • Councillor Ron Ellsworth
  • Councillor Sandy Hickman
  • Councillor Debbie Hanlon
  • Councillor Jill Bruce
  • Councillor Ophelia Ravencroft
  • Councillor Jamie Korab
  • Councillor Carl Ridgeley
Regrets:
  • Councillor Ian Froude
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
  • Ken O'Brien, Chief Municipal Planner
  • Karen Chafe, City Clerk
  • Kelly Maguire, Public Relations & Marketing Officer
  • Christine Carter, Legislative Assistant
Others:

  • Erin Skinner, Supervisor – Tourism & Culture

​​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.”

1.
CALL TO ORDER

 

Mayor Danny Breen called the meeting to order at 3:00 pm.

2.
PROCLAMATIONS/PRESENTATIONS

 

3.
APPROVAL OF THE AGENDA

 

3.1
Adoption of Agenda

 
  • SJMC-R-2023-02-13/72
    Moved ByCouncillor Ravencroft
    Seconded ByCouncillor Bruce

    That the Agenda be adopted as presented.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

4.
ADOPTION OF THE MINUTES

 

4.1
Minutes of February 13, 2023

This item has attachments. 
1.Post-Meeting Minutes - RCM_Feb13_2023 - English.pdf
  • SJMC-R-2023-02-13/73
    Moved ByDeputy Mayor O'Leary
    Seconded ByCouncillor Ravencroft

    That the minutes of February 13, 2023, be adopted as presented.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

5.
BUSINESS ARISING FROM THE MINUTES

 

5.1
Amendment to Heritage By-Law - Exemption from Heritage Design Standards for Registered Charities and Institutions

This item has attachments. 
1.Heritage By-Law Amd No 2-2023 - Exemption for Registered Charities or Institutions - Feb 1, 2023.pdf

Notice of Motion given by Councillor Froude at the February 13th Regular Meeting of Council.

Councillor Burton presented the amendment to the Heritage By-Law Exemption from Heritage Design Standards for Registered Charities and Institutions and provided some background on the intent of the amendment.

Councillor Burton asked that Council consider an amendment to the recommendation which would remove the reference to Institutions and will now be 'Registered Charitable Organizations'.

Councillor Ellsworth suggested that Staff consider not-for-profits which typically face barriers and have difficulty attaining charitable status.

  • SJMC-R-2023-02-13/74
    Moved ByCouncillor Burton
    Seconded ByCouncillor Ellsworth

    That the St. John's Heritage (Amendment No. 2 - 2023) By-Law be amended to remove the reference to "institution".


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-02-13/75
    Moved ByCouncillor Burton
    Seconded ByCouncillor Ellsworth

    That the St. John's Heritage (Amendment No. 2 - 2023) By-Law as attached be adopted as amended.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

5.2
Notice of Motion - Codes of Conduct for Councillors and Municipal Officials

This item has attachments. 
1.Notice of Motion - Codes of Conduct - Feb 2023.pdf

Notice of Motion given by Councillor Ellsworth at the February 6, 2023 Regular Council Meeting.

1.
Councillor Code of Conduct By-Law

This item has attachments. 
1.Decision Note - Code of Conduct for Councillors.pdf
2.Code of Conduct for Councillors Feb 9 2023 - final.pdf

Councillor Ellsworth provided some background on the Councillor and Municipal Official Code of Conduct By-Laws to be approved by Council and noted that the full documents can be found on the City's website.

Councillor Burton asked Council to consider a friendly amendment to Section 21 of the Councillor Code of Conduct, and other housekeeping amendments that were read into the record by the City Solicitor.

Members of Council discussed the By-Laws and several issues were raised including the required training and timelines for that training, and the possible negative effects this may have on attracting people to run for Municipal Council due to their current community work and the conflict-of-interest guidelines.

  • SJMC-R-2023-02-13/76
    Moved ByCouncillor Burton
    Seconded ByCouncillor Ellsworth

    That Council approve and adopt the amendments, brought forward by Councillor Burton and the City Solicitor in relation to the Code of Conduct By-Law.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-02-13/77
    Moved ByCouncillor Ellsworth
    Seconded ByCouncillor Hanlon

    That Council approve and adopt the Councillor Code of Conduct By-Law as amended.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

2.
Code of Conduct for Municipal Officials By-Law

This item has attachments. 
1.Decision Note - Code of Conduct for Municipal Officials.pdf
2.Code of Conduct for Employees - Feb 7, 2023 - final.pdf
  • SJMC-R-2023-02-13/78
    Moved ByCouncillor Ellsworth
    Seconded ByDeputy Mayor O'Leary

    That Council approve and adopt the Municipal Officials Code of Conduct by-law with the change in title as referenced by the City Solicitor.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

6.
DEVELOPMENT APPLICATIONS

 

6.1
Request for Rear Yard Variance – 19 Westmount Place – INT2300006

This item has attachments. 
1.Development Committee - Request for Rear Yard Variance - 19 Westmount Place - INT2300006.pdf
2.19 Westmount Place.pdf
  • SJMC-R-2023-02-13/79
    Moved ByCouncillor Korab
    Seconded ByCouncillor Hanlon

    That Council approve a 8.9% Variance on the Rear Yard setback for a Single Detached Dwelling at 19 Westmount Place.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

6.2
Notices Published – 42 Sugarloaf Place – DEV2200164

This item has attachments. 
1.Notices Published - 42 Sugarloaf Place - DEV2200164.pdf
2.DEV2200164-42 SUGARLOAF PLACE.pdf
3.Redacted Submissions_redacted.pdf
4.Redacted Submissions - Document 2.pdf
5.Proposed Wireless Communications Installation_redacted.pdf

Councillor Korab presented the Decision Note regarding a referral received by the City of St. John’s from Rogers Communications Inc. requesting concurrence to construct a telecommunications tower at 42 Sugarloaf Place.

In accordance with the obligations under the Radiocommunication Act and Innovation, Science and Economic Development Canada’s Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 (Issue 6), the City of St. John’s notified residents in the vicinity of 42 Sugarloaf Place of Rogers Communications Inc. intention to construct a telecommunications tower system consisting of:

  • A 65-meter self-support design tower with supporting antennas and radio equipment;
  • A 3.05m x 3.88m equipment shelter to be located at the base of the tower; and
  • A security fence around the base of the tower and equipment shelters with a locked gate.

Councillor Korab also advised that Council is allowing for public engagement on this request; however, the Federal Government will make the ultimate decision.

Members of Council acknowledged and relayed the concerns received from area residents regarding health and safety issues as well as their assertion that property values will reduce. Other members of Council noted the need for these towers and that the health concerns expressed by residents are not substantiated.

The Deputy City Manager of Planning, Engineering and Regulatory Services advised that the proposed location of the tower is away from residents and that Council does not have the authority to reject this application. Health Canada has provided advisories that there are no health and safety concerns.

  • SJMC-R-2023-02-13/80
    Moved ByCouncillor Korab
    Seconded ByCouncillor Ravencroft

    That Council support the application for a telecommunications tower at 42 Sugarloaf Place.


    For (8)Mayor Breen, Councillor Burton, Councillor Hickman, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley
    Against (2)Deputy Mayor O'Leary, and Councillor Hanlon


    MOTION CARRIED (8 to 2)

7.
RATIFICATION OF EPOLLS

 

8.
COMMITTEE REPORTS

 

8.1
Committee of the Whole Report - February 8, 2023

This item has attachments. 
1.Post-Meeting Report - CoW_Feb08_2023 - English.pdf

1.
Travel Per Diems

This item has attachments. 
1.Travel Per Diems.pdf
  • SJMC-R-2023-02-13/81
    Moved ByCouncillor Ellsworth
    Seconded ByCouncillor Korab

    That Council approve an increase in the meal per diem from $53.50 to $100 per day.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

2.
Downtown Pedestrian Mall and Parklet Program

This item has attachments. 
1.2023 Downtown Pedestrian Mall and Parklet Program DN(1).pdf

Members of Council discussed the recommendations proposed regarding the Downtown Pedestrian Mall and Parklet Program.

There was a very lengthy discussion held at the Committee of The Whole meeting on the seven recommendations put forward for Council’s consideration. Council agreed to again deal with Recommendations 1, 3, 4, 5, 6 & 7 separately from Recommendation 2.

Councillor Hanlon reiterated that the reasons for Recommendation 2, that would see the reduction of the area of the Pedestrian Mall, was made for many important reasons, safety being the priority. Safety of pedestrian users, accessibility for para-transit vehicles, and ease of access to the area for those with mobility issues or those who are unable to walk long distances were also reasons behind the recommendation.

The following is the complete list of recommendations:

Recommendation 1: Staff recommend extended dates for the 2023 – 2025 DPM to coincide with the end of the school year (last Thursday of the week school closes) and to finish on Labour Day Monday of each year.

Recommendation 3:  Staff recommend 3-year period for approvals of the Discretionary Use applications for Parklets.

Recommendation 4: Staff recommend parklet rates remain as per 2022 program.

Recommendation 5: Staff recommend an application period.

Recommendation 6: Jersey Barrier Safety Requirement

Recommendation 7:  Staff recommend the development of a new By-Law for building standards of Parklets.

Recommendation 2:  Staff recommend a modified footprint for DPM, to include Water Street from Adelaide Street to Clift’s Baird’s Cove. This modification will alleviate safety concerns with vehicles and pedestrians sharing the same road space.

The majority of Council expressed their desire to keep the current footprint of the pedestrian mall and asked staff to find ways to improve accessibility, and ensure safety is upheld without having  to reduce the current area of the pedestrian mall. Concerns were also expressed about the negative impact to business owners that would be excluded from the pedestrian mall if the footprint was to be reduced.

The issue of the effects that the Pedestrian Mall has on businesses located outside of the downtown area was also raised.

  • SJMC-R-2023-02-13/82
    Moved ByCouncillor Hanlon
    Seconded ByCouncillor Ravencroft

    That Council approve  recommendations 1, 3, 4, 5, 6 and 7 noted with the exception of # 2 which will be dealt with separately for the 2023-2025 Downtown Pedestrian Mall and Parklet program.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-02-13/83
    Moved ByCouncillor Hanlon
    Seconded ByCouncillor Ellsworth

    Regarding Recommendation # 2

    1. Staff recommend a modified footprint for DPM, to include Water Street from Adelaide Street to Clift’s Baird’s Cove. This modification will alleviate safety concerns with vehicles and pedestrians sharing the same road space.
      • Continued vehicle access is required to the Courthouse, Colliers Parking lot and private residential parking.
      • A modified footprint will allow unimpeded access to the Atlantic Place parking garage.
      • Allow for improved accessible parking along Water Street.
      • Working with GoBus, in conjunction with their safety supervisor and CSJ traffic services division, to identify an accessible drop off area on Water Street west of Clift’s Baird’s Cove
      • Previous attempts to eliminate interactions between pedestrians and vehicles in this area have not been successful.

    Tourism and Event staff recommendation to modify the footprint of the DPM to Adeladie Street to Clift’s Baird’s Cove is based on safety and accessibility for all. Safety remains our key priority, and the vehicular access in the area of Clift’s Baird’s Cove to Prescott Street has been a concern in previous years.  Transportation staff have identified a concern around traffic congestion in the area of Clift’s Baird’s Cove. This will have to be monitored and adjuments made where necessary.


    For (4)Councillor Hanlon, Councillor Korab, Councillor Ellsworth, and Councillor Ridgeley
    Against (6)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Ravencroft, and Councillor Bruce


    MOTION LOST (4 to 6)

3.
Amendment to Heritage By-Law – Exemption for Registered Charities or Institutions

This item has attachments. 
1.Amendment to Heritage By-Law re Exemption for Registered Charities and Institutions.pdf
2.Heritage By-Law Amd No 2-2023 - Exemption for Registered Charities or Institutions - Feb 1, 2023(1).pdf

4.
366-374 Empire Avenue, REZ2100013

This item has attachments. 
1.366-374 Empire Avenue, REZ2100013.pdf
2.366-374 Empire Avenue - COTW Attachments.pdf
  • SJMC-R-2023-02-13/84
    Moved ByCouncillor Burton
    Seconded ByCouncillor Ravencroft

    That Council consider rezoning 366-374 Empire Avenue from the Apartment 1 (A1) Zone to the Residential 3 (R3) to allow a Townhouse development, and that the application be advertised and referred to a public meeting chaired by an independent facilitator.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

5.
40 Quidi Vidi Road, REZ2200010

This item has attachments. 
1.40 Quidi Vidi Road, REZ2200010.pdf
2.40 Quidi Vidi Road - Attachments.pdf

Councillor Burton reviewed the Decision Note on the application received from First Light St. John’s Native Friendship Centre Inc. to rezone property at 40 Quidi Vidi Road to accommodate an office, clinic, and place of assembly. The applicant is proposing to renovate and expand the existing building (the former St. Joseph’s Church) to develop the First Light headquarters. This will include a community centre, clinic, and gymnasium which will provide community space, programming, and amenities for the entire community, as well as updated office space and headquarters for the organization. The project will include landscaping and a memory garden dedicated to the survivors of residential schools in the province.

Council is asked to consider a rezoning from the Residential 3 (R3) Zone to the Residential Mixed (RM) Zone at 40 Quidi Vidi Road and approve the draft terms of reference for a land use report (LUR). After receipt of a satisfactory land use report, a public meeting, chaired by an independent facilitator, will be held for public input and feedback.       

Members of Council agreed that this is a great development and use of space by the organization to provide very useful services and will benefit the local neighbourhood.

  • SJMC-R-2023-02-13/85
    Moved ByCouncillor Burton
    Seconded ByCouncillor Ravencroft

    That Council consider a rezoning from the Residential 3 (R3) Zone to the Residential Mixed (RM) Zone at 40 Quidi Vidi Road and approve the attached draft terms of reference for a land use report (LUR).

    Further, upon receiving a satisfactory land use report, that Council refer the application to a public meeting chaired by an independent facilitator for public input and feedback.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

6.
Intersection of City Committees and the Youth Engagement Working Group

This item has attachments. 
1.Intersection of City Committees and the Youth Engagement Working Group DN.pdf

Councillor Bruce reviewed the background for the amendment proposed and referenced the discussions held at the Committee of the Whole meeting. She noted that this is a very positive step for the City's Advisory Committees and will see greater age diversity on all City Committees going forward.

Councillor Ravencroft stressed the importance of continuing to assure age diversity during selection of committee members. She will continue to monitor this as memberships come forward for Council’s approval.

  • SJMC-R-2023-02-13/86
    Moved ByCouncillor Bruce
    Seconded ByCouncillor Hickman

    That Council approve the proposed amendment to remove the Youth Representative label from the Terms of Reference for the Advisory Committees, to direct staff to ensure all terms of reference for committees reflect the need to have age diversity and to further direct staff to ensure ongoing communication between the YEWG and City Committees.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

9.
DEVELOPMENT PERMITS LIST (FOR INFORMATION ONLY) 

 

10.
BUILDING PERMITS LIST (FOR INFORMATION ONLY)

 

11.
REQUISITIONS, PAYROLLS AND ACCOUNTS

 

11.1
Weekly Payment Vouchers Ending Week of February 15, 2023

This item has attachments. 
1.Council List Week Ending February 15, 2023.pdf
  • SJMC-R-2023-02-13/87
    Moved ByCouncillor Ellsworth
    Seconded ByCouncillor Ravencroft

    That the weekly payment vouchers for the week ending February 15, 2023, in the amount of $ 6,883,872.47, be approved as presented.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

12.
TENDERS/RFPS

 

13.
NOTICES OF MOTION, RESOLUTIONS QUESTIONS AND PETITIONS

 

14.
OTHER BUSINESS

 

14.1
Arts and Culture Advisory Committee – Approval of New Members

This item has attachments. 
1.Arts and Culture Advisory Committee - Approval of New Members.pdf
  • SJMC-R-2023-02-13/88
    Moved ByDeputy Mayor O'Leary
    Seconded ByCouncillor Hanlon

    That Council approve the following individuals to serve on the Arts & Culture Advisory Committee:

    Mariana Castro-Carvajal – Music Organization representative (representing MusicNL)
    Tom Gordon - Community representative


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

14.2
SERC – Noise By-Law Extension – Movie Filming

This item has attachments. 
1.SERC - Noise By-Law Extension - Movie Filming.pdf
  • SJMC-R-2023-02-13/89
    Moved ByCouncillor Hanlon
    Seconded ByCouncillor Ellsworth

    That Council approve the requested noise by-law extension on February 22-23.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

15.
ACTION ITEMS RAISED BY COUNCIL

 

Deputy Mayor O'Leary requested that the report completed on Artist Need in 2017 be referred for discussion at the next Arts and Culture Advisory Committee meeting.

16.
ADJOURNMENT

 

There being no further business, the meeting adjourned at 4:50 pm.

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