Minutes of Regular Meeting - City Council

Council Chamber, 4th Floor, City Hall

Monday, March 30, 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 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
• 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-2020-03-30/156
  Moved By Deputy Mayor O'Leary
  Seconded By Councillor Burton

  That the Agenda be adopted as presented.

  MOTION CARRIED (10 to 0)

4.

ADOPTION OF THE MINUTES

4.1

Adoption of Regular Minutes - March 17, 2020

• SJMC-R-2020-03-30/157
  Moved By Councillor Hanlon
  Seconded By Councillor Hickman

  That the Minutes of the Regular Meeting held March 17, 2020 be adopted as presented.

  MOTION CARRIED (10 to 0)

5.

BUSINESS ARISING FROM THE MINUTES

5.1

Proposed Text Amendment for Adult Massage Parlours

• SJMC-R-2020-03-30/158
  Moved By Councillor Burton
  Seconded By Councillor Jamieson

  THAT Council approve the proposed text amendment to allow Adult Massage Parlour as a permitted use in various commercial zones throughout the City. Further, that Council remove the moratorium on new development applications for Adult Massage Parlours.

  MOTION CARRIED (11 to 0)

6.

NOTICES PUBLISHED

6.1

239 Major’s Path - Commercial Industrial (C1) Zone - Ward 1

Application
A Discretionary Use application has been submitted to occupy 239 Major’s Path as a Chiropractic Clinic.

Description
The clinic will operate Mondays and Wednesdays 8:30 a.m. – 5:00 p.m., Tuesdays and Thursdays 12:00 p.m. – 7:00 p.m., and Fridays 8:30 a.m. – 1:00 p.m. The clinic will employee 3 employees.

1 submission received

• SJMC-R-2020-03-30/159
  Moved By Councillor Stapleton
  Seconded By Councillor Burton

  That the application to occupy 239 Major's Path as a Chiropractic Clinic be approved subject to all applicable City requirements.

  MOTION CARRIED (11 to 0)

6.2

42 Bannerman Street - Institutional (INST) Zone - Ward 2 - REZ1900014

Application
An application has been submitted by First Light St. John’s Friendship Centre for text amendments to the St. John’s Development Regulations.

Description
The City of St. John's is considering text amendments to the St. John’s Development Regulations to update the definition of Heritage Use and to add Heritage Use as a Discretionary Use to both the Institutional (INST) Zone and Institutional Downtown (INST-D) Zone.

In conjunction with the above amendment, the City is also advertising Heritage Use at 42 Bannerman Street (a designated Heritage Building) as a Discretionary Use. The applicant has requested that Council consider food preparation (commercial and community-based) within the Heritage Use. The hours of operation will be 7a.m. to 11 p.m., 7 days a week.

11 submissions received

Councillor Jamieson moved the following amendment:

• SJMC-R-2020-03-30/160
  Moved By Councillor Jamieson
  Seconded By Councillor Froude

  That Council approve Heritage Use (food preparation) at 42 Bannerman Street as a Discretionary Use with the following conditions:

  • Business can operate until 11:00 pm each night
  • The exhaust fan must be max 70 dB and must shut off 9:00 pm each night
  • Deliveries to be restricted to within the parking lot
  MOTION CARRIED (10 to 1)
• SJMC-R-2020-03-30/161
  Moved By Councillor Jamieson
  Seconded By Councillor Froude

  1. That Council adopt the attached resolution for St. John’s Development Regulation Amendment Number 707, 2020.

  2. That Council approve Heritage Use (food preparation) at 42 Bannerman Street as a Discretionary Use with the following conditions:

  • Business can operate until 11:00 pm each night
  • The exhaust fan must be max 70 dB and must shut off 9:00 pm each night
  • Deliveries to be restricted to within the parking lot

  3. That Council exempt parking requirements for the Heritage Building, as per Section 9.1.2(4) of the St. John’s Development Regulations.

  MOTION CARRIED (10 to 1)

7.

COMMITTEE REPORTS

7.1

Committee of the Whole Report - March 11, 2020

1.

Environment and Sustainability Expert Panel Public Membership

• SJMC-R-2020-03-30/162
  Moved By Councillor Froude
  Seconded By Deputy Mayor O'Leary

  That Council approve the proposed composition of the Public Membership for the Environment and Sustainability Expert Panel:

  Public Member and Expertise

  Joel Finnis, PhD - Climate Science & Resilience
  Dennis Knight, MSc, MCIP - Sustainable Urban Planning & Economic Growth
  Kieran Hanley, MBA - Sustainable Economic Growth
  Krista Langthorne, BA, SEBT -  Resilience & Natural Resources
  Pablo Navarro - Socio-cultural & Quality of Life
  Joseph Daraio, PhD, PEng - Sustainable Urban Planning & Resilience
  Michel Wawrzkow, PEng, PGeo - Natural Environment & Resilience

  MOTION CARRIED (11 to 0)

2.

Robin Hood Bay Landfill Gas Collection and Covering System Expansion 2020

• SJMC-R-2020-03-30/163
  Moved By Councillor Froude
  Seconded By Councillor Hanlon

  That Council approve proceeding with the next phase of the landfill gas collection and covering system expansion in 2020. Further, that Council approve accessing the Robin Hood Bay Operational Reserve and Closure Funds to fund this capital works project.

  MOTION CARRIED (11 to 0)

3.

Robin Hood Bay (RHB) Equipment Reserve

• SJMC-R-2020-03-30/164
  Moved By Councillor Froude
  Seconded By Councillor Lane

  That Council proceed with a purchase to supply and deliver new roll off bins for the Residential Drop-Off (RDO) facility and replace three site vehicles through the RHB Equipment Reserve with funding made available through the RHB Equipment Reserve.

  MOTION CARRIED (11 to 0)

4.

2018 Traffic Pilot Projects

At the Committee of the Whole on March 11, 2020, Councillor Hickman withdrew the motion, to remove the pilot curb extensions and marked crosswalk at Ladysmith Drive and Kiwanis Street and monitor Ladysmith Drive for future warranted crosswalk improvements, and moved a new motion as follows:

• SJMC-R-2020-03-30/165
  Moved By Councillor Hickman
  Seconded By Councillor Froude

  That Council direct staff to initiate a permanent crosswalk and curb extensions at Ladysmith Drive and Kiwanis Street.

  MOTION CARRIED (11 to 0)
• SJMC-R-2020-03-30/166
  Moved By Councillor Hickman
  Seconded By Councillor Burton

  That Council direct staff to:

  • proceed with design and implementation of a permanent traffic circle configuration for Rawlins Cross;
  • include the closed portion of Military, the existing parking lot, and the existing green space within the centre of Rawlins Cross in the scope for the public space design;
  MOTION LOST (4 to 7)
• SJMC-R-2020-03-30/167
  Moved By Councillor Hickman
  Seconded By Councillor Jamieson

  That Council expand the Key 2 Access pilot project to include the two crosswalks at Rawlins Cross currently equipped with Rectangular Rapid Flashing Beacons (RRFBs).

  MOTION CARRIED (11 to 0)

7.2

Audit and Accountability Standing Committee Report - March 4, 2020

1.

Three-year Audit Plan (2020 – 2022)

• SJMC-R-2020-03-30/168
  Moved By Councillor Stapleton
  Seconded By Councillor Burton

  That Council approve the three-year audit plan.

  MOTION CARRIED (11 to 0)

2.

Travel Authorization – IIA Canada National Conference

• SJMC-R-2020-03-30/169
  Moved By Councillor Stapleton
  Seconded By Deputy Mayor O'Leary

  That Council approve the travel request for the City Internal Auditor to attend the IIA Canada National Conference in Calgary, Alberta from September 13-16, 2020.

  MOTION CARRIED (11 to 0)

7.3

Development Committee Report

1.

Request for Parking Relief - DEV2000031 - 147-149 Thorburn Road 

• SJMC-R-2020-03-30/170
  Moved By Councillor Burton
  Seconded By Councillor Froude

  That Council approve the parking relief for the 2 required spaces to allow the development of the 17 unit apartment building at 147-149 Thorburn Road.

  MOTION CARRIED (11 to 0)

2.

Crown land Grant for Residential Dwelling - CRW2000007 - Hipditch Hill

• SJMC-R-2020-03-30/171
  Moved By Councillor Burton
  Seconded By Councillor Jamieson

  That Council approve the Crown land Grant on Hipditch Hill, the purpose of which is a Residential Building Lot.

  MOTION CARRIED (11 to 0)

8.

DEVELOPMENT PERMITS LIST  (FOR INFORMATION ONLY) 

8.1

Development Permits List for the week of March 12-18, 2020

9.

BUILDING PERMITS LIST

9.1

Building Permits List for the week ending March 25, 2020

• SJMC-R-2020-03-30/172
  Moved By Councillor Collins
  Seconded By Councillor Hickman

  That the Building Permits List for the week ending March 25, 2020 be approved as presented.

  MOTION CARRIED (11 to 0)

10.

REQUISITIONS, PAYROLLS AND ACCOUNTS

10.1

Weekly Payment Vouchers for the Week Ending March 25, 2020

• SJMC-R-2020-03-30/173
  Moved By Deputy Mayor O'Leary
  Seconded By Councillor Jamieson

  That Council approve the Weekly Payment Vouchers for the week ending March 25, 2020 in the amount of $4,281,410.92.

  MOTION CARRIED (11 to 0)

11.

TENDERS/RFPS

11.1

2020020 - Paper Supply - Standing Offer Agreement

• SJMC-R-2020-03-30/174
  Moved By Councillor Froude
  Seconded By Councillor Stapleton

  THAT Council award this open call 202020 – Paper Supply to the lowest bidder meeting specification, Ariva - Division of Domtar Inc., as per the Public Procurement Act, for $73,319.69, including HST.

  MOTION CARRIED (11 to 0)

12.

NOTICES OF MOTION, RESOLUTIONS QUESTIONS AND PETITIONS

13.

OTHER BUSINESS

13.1

St. John’s Sports & Entertainment / Board of Directors (New Member)

• SJMC-R-2020-03-30/175
  Moved By Councillor Korab
  Seconded By Councillor Jamieson

  That Council appoint Christian Somerton to the Board of Directors of St. John’s Sports & Entertainment.

  MOTION CARRIED (11 to 0)

14.

ITEMS TO BE RATIFIED

• SJMC-R-2020-03-30/176
  Moved By Councillor Burton
  Seconded By Councillor Collins

  That all items approved at the March 23, 2020 Special Meeting be ratified as presented.

  MOTION CARRIED (11 to 0)

14.1

Development Committee Report

1.

11 Ropewalk Lane -Temporary Bell Mobility Cell Tower Installation - INT20000022

Approved at Special Meeting of March 23, 2020

2.

Request for Parking Relief for Additional Occupancy - 17 Elizabeth Avenue - INT2000014

Approved at Special Meeting of March 23, 2020

3.

55 Duffett’s Road - Crown Land Grant application for extension to private property - CRW1900010

Approved at Special Meeting of March 23, 2020

4.

55 Duffett’s Road - Crown Land Grant for extension to private property - CRW1900011

Approved at Special Meeting of March 23, 2020

14.2

Building Permits List for week ending March 18, 2020

Approved at Special Meeting of March 23, 2020

14.3

Weekly Payment Vouchers for the Week Ending March 18, 2020

Approved at Special Meeting of March 23, 2020

14.4

Bid Approval Note - Microsoft Enterprise Agreement

Approved at Special Meeting of March 23, 2020

15.

ADJOURNMENT

There being no further business, the meeting adjourned at 4:55 pm.