Minutes of Regular Meeting - City Council

Council Chamber, 4th Floor, City Hall

Tuesday, August 04, 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 Deanne Stapleton
• Councillor Hope Jamieson
• Councillor Jamie Korab
• Councillor Ian Froude
• Councillor Wally Collins

Regrets:

• Councillor Debbie Hanlon

Staff:

• 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
• Elaine Henley, City Clerk
• Ken O'Brien, Chief Municipal Planner
• Maureen Harvey, Legislative Assistant

Others:

• Linda Bishop - Senior Legal Counsel

  Brian Head - Manager of Parks & Open Space

  Garrett Donaher - Manager of Transportation Engineering

  Susan Bonnell - Manager of Communications

​​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-2020-08-04/362
  Moved By Councillor Hickman
  Seconded By Deputy Mayor O'Leary

  That the Agenda be adopted as presented.

  MOTION CARRIED (10 to 0)

4.

ADOPTION OF THE MINUTES

4.1

Adoption of Minutes - July 20, 2020

• SJMC-R-2020-08-04/363
  Moved By Councillor Burton
  Seconded By Councillor Korab

  That the minutes of the meeting held July 20, 2020 be adopted as presented.

  MOTION CARRIED (10 to 0)

5.

BUSINESS ARISING FROM THE MINUTES

6.

NOTICES PUBLISHED

6.1

Notices Published for the week of August 4, 2020 - 4 Holdsworth Street

Ratification of E-Poll conducted July 28, 2020

A Discretionary Use application has been submitted by The Bull & Barrell for an Outdoor Lounge Area at 4 Holdsworth Street.

The area will be approximately 25.3m2, utilizing the existing deck. The hours for the Outdoor Area will be 6 p.m. – 2 a.m., seven days a week.

No submissions received.

• SJMC-R-2020-08-04/364
  Moved By Councillor Jamieson
  Seconded By Councillor Stapleton

  That Council approve the application subject to meeting all applicable regulatory requirements.

  MOTION CARRIED (10 to 0)

6.2

Notices Published for the week of August 4, 2020 - 19 Dundas Street - Residential Low Density (R1) Zone - Ward 4

A Discretionary Use application has been submitted for a Home Occupation for a blood collection & urinalysis service at 19 Dundas Street.

It will occupy a floor area of 17m2, and clients will be seen Monday – Friday, 7 a.m. to noon. 1 client per every 15-minute appointment. The applicant is the sole employee. 1 parking space is provided for the business.

Seven (7) submissions received.

Discussion took place with staff being requested to consider an alternate means of notification for people who rent properties within the 150m radius of the property being considered.  The matter will be discussed at Committee of the Whole.

As well, concerns were expressed with the application because of the number of submissions received expressing concern as well as traffic congestion in a residential area with people lining up for appointments.

• SJMC-R-2020-08-04/365
  Moved By Councillor Froude
  Seconded By Deputy Mayor O'Leary

  That Council reject the application for 19 Dundas Street.

   

  MOTION CARRIED (8 to 2)

6.3

Notices Published for the week of August 4, 2020 - 90 Duckworth Street - Commercial Central Mixed Use (CCM) Zone, Ward 2

Ratification of E-Poll

A Discretionary Use application has been submitted by Bannerman Brewery for an Outdoor Eating and Lounge Area at 90 Duckworth Street

The outside area will be temporary with an area of approximately 88m2 and located in the front of the building on the asphalt around the existing deck. The hours for the outdoor area will be noon – 10 p.m., seven days a week, weather permitting.

Seven (7) submissions received.

• SJMC-R-2020-08-04/366
  Moved By Councillor Jamieson
  Seconded By Councillor Lane

  That Council approve the discretionary use application by Bannerman Brewery for an Outdoor Eating and Lounge Area at 90 Duckworth Street.

  MOTION CARRIED (10 to 0)

6.4

Notices Published for the week of August 4, 2020 - 167 Water Street/50 Harbour Drive - Commercial Central Retail (CCR) Zone - Ward 2

Ratification of E-Poll

A Discretionary Use application has been submitted by Pier 8 Development for an Outdoor Eating and Lounge Area at 167 Water Street/50 Harbour Drive

The area will be approximately 98m2 and is located at the rear of 167 Water Street. The hours for the Outdoor Area will be 11 a.m.- 9 p.m., seven days a week.

• SJMC-R-2020-08-04/367
  Moved By Councillor Jamieson
  Seconded By Deputy Mayor O'Leary

  That Council approve the application subject to meeting all applicable regulatory requirements.

  MOTION CARRIED (10 to 0)

6.5

Notices Published for the week of August 4, 2020 - 95 Merrymeeting Road - Residential High Density (R3) Zone - Ward 2

A Change of Non-Conforming Use Application has been submitted by Jack Axes to change use at 95 Merrymeeting Road to a Place of Amusement for an axe throwing randy and recreational liquor license.

The proposed business will occupy a floor area of 149m2 and will have 4 target lanes. The proposed hours of operation are Monday – Wednesday, 4 p.m. – 10 p.m., Thursday 4 p.m. – 11 p.m., Friday 4 p.m. – 12 a.m., Saturday 12 p.m. – 12 a.m., and Sunday 2 p.m. – 10 p.m.. The business will employ 8 people with 1-3 people per shift. 6 parking spaces are provided on site.

Forty-seven (47) submissions.

• SJMC-R-2020-08-04/368
  Moved By Councillor Jamieson
  Seconded By Councillor Lane

  That Council approve the application subject to meeting all applicable regulatory requirements.

  MOTION CARRIED (10 to 0)

6.6

Notices Published for the week of August 4, 2020 - 36 Cabot Avenue - Residential Battery (RB) Zone - Ward 2

Ratification of E-Poll

An application has been made to subdivide property at 36 Cabot Avenue to create two additional building lots which will front Battery Road.

Each dwelling will be a 3 storey Single Detached Dwelling with an inhouse garage and meet the Residential Battery (RB) Zone Requirements. A Land Use Assessment Report (LUAR) subject to the St. John’s Development Regulations has been submitted and is advertised for review.

Twenty-one (21) submissions.

• SJMC-R-2020-08-04/369
  Moved By Councillor Lane
  Seconded By Deputy Mayor O'Leary

  That Council ratify the e-poll approving the application subject to meeting all applicable regulatory requirements.

  MOTION CARRIED (7 to 3)

6.7

Notices Published for Week of August 4, 2020 - Approval of Discretionary Use and Temporary Parking Relief for an Outdoor Eating Area and Lounge - 115 Duckworth StreetDEV2000099

An application was submitted to add a temporary Outdoor Eating Area and Lounge to the “The Vu” Eating Establishment at 115 Duckworth Street. This application is a Discretionary Use as the property is located within 150 metres of a Residential Zone, Apartment Zone, Church, or a School. The proposed Use was advertised subject to Section 5.5 of the Development Regulations.

No submissions received.

• SJMC-R-2020-08-04/370
  Moved By Councillor Jamieson
  Seconded By Councillor Burton

  That Council approve the Discretionary Use application for Outdoor Eating Area and Lounge at
  115 Duckworth Street subject to meeting all applicable regulatory requirements.
  Further, that Council approve the temporary parking relief of 8 parking stalls to accommodate the
  Outdoor Eating Area and Lounge.

  MOTION CARRIED (10 to 0)

6.8

Notices Published for week of August 4, 2020 - Approval of Discretionary Use and Parking Relief for Outdoor Eating Area and Lounge - 4 Cathedral Street (288-290 Duckworth Street)DEV200095

An application was submitted to extend the outdoor Eating Area and Lounge at 4 Cathedral Street. This is a Discretionary Use as it is located within 150m of a Residential Zone, Apartment Zone, Church, or a School. The proposed extension is approximately 23.3 m2, for a total patio area of 32.2 m2, which is located on the northwest side of the property. Hours of operation will be noon to 10 p.m., seven days a week and outdoor speakers are proposed.

Fourteen (14) submissions received.

• SJMC-R-2020-08-04/371
  Moved By Councillor Jamieson
  Seconded By Councillor Burton

  That Council approve the Discretionary Use application for the deck extension for an Outdoor
  Eating Area and Lounge at 4 Cathedral Street (288-290 Duckworth Street) subject to meeting
  all applicable regulatory requirements. The use of outdoor speakers will not be permitted.
  Further, that Council approve parking relief for 1 parking space at 4 Cathedral Street (288-290
  Duckworth Street).

  MOTION CARRIED (10 to 0)

7.

COMMITTEE REPORTS

7.1

Development Committee Report

1.

Request to Set Building Line Setback 10 Carriage Lane DEV2000090

• SJMC-R-2020-08-04/372
  Moved By Councillor Burton
  Seconded By Councillor Korab

  That Council approve the 6.36 metre Building Line setback at 10 Carriage Lane to accommodate the construction of a Single Detached Dwelling.

  (10 to 0)

2.

Proposed Subdivide for Two Additional Building Lots 36 Cabot Avenue SUB2000006

• SJMC-R-2020-08-04/373
  Moved By Councillor Burton
  Seconded By Councillor Korab

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

  MOTION CARRIED (8 to 2)

3.

Request for Parking Relief 167 Water Street / 50 Harbour Drive DEV2000085

• SJMC-R-2020-08-04/374
  Moved By Councillor Burton
  Seconded By Deputy Mayor O'Leary

  That Council approve parking relief for 8 parking spaces to accommodate the Outdoor Eating
  Area and Lounge at 167 Water Street/50 Harbour Drive.

  (10 to 0)

4.

Request for Temporary Parking Relief 90 Duckworth Street DEV2000086

• SJMC-R-2020-08-04/375
  Moved By Councillor Burton
  Seconded By Councillor Stapleton

  That Council approve the parking relief of 1 parking space to accommodate the Outdoor Eating
  Area at 90 Duckworth Street.

  MOTION CARRIED (10 to 0)

5.

Crown Land Amendment to Existing Lease and Grant 24 Main Road

• SJMC-R-2020-08-04/376
  Moved By Councillor Burton
  Seconded By Councillor Collins

  That Council approve the amendment to the Crown Land Lease and Grant for 24 Main Road.

  MOTION CARRIED (10 to 0)

6.

Proposed Enclosure of Stairwell - Broad Cove Watershed 134 Bennett’s Road INT200063

• SJMC-R-2020-08-04/377
  Moved By Councillor Burton
  Seconded By Councillor Froude

  That Council approve the request to enclose the 2.76 m2 stairwell at 134 Bennett’s Road.

  MOTION CARRIED (10 to 0)

7.2

Committee of the Whole Report - July 22, 2020

1.

Environment & Sustainability Experts Panel Report June 26, 2020

1.

Review of Parking Requirements for Section 8 of the Envision St. John’s Development Regulations

• SJMC-R-2020-08-04/378
  Moved By Councillor Froude
  Seconded By Councillor Lane

  That Council consider electric vehicle spaces in new construction regulations.

  That Council consider providing guidance for bicycle spaces and facilities in new construction regulations.

   

  MOTION CARRIED (10 to 0)

8.

DEVELOPMENT PERMITS LIST  (FOR INFORMATION ONLY) 

8.1

Development Permits List For The Period Of July 16, 2020 To July 29, 2020

9.

BUILDING PERMITS LIST

9.1

Building Permit List for week ending July 29, 2020

• SJMC-R-2020-08-04/379
  Moved By Councillor Burton
  Seconded By Councillor Collins

  That Council approve the Building Permits List for the period 2020/07/16 to 2020/07/29

   

  MOTION CARRIED (10 to 0)

10.

REQUISITIONS, PAYROLLS AND ACCOUNTS

10.1

Weekly Payment Vouchers for the Week Ending July 22, 2020

• SJMC-R-2020-08-04/380
  Moved By Councillor Froude
  Seconded By Councillor Korab

  That the weekly payment vouchers for the week ending July 22, 2020 in the amount of $ 8,151,546.27 be approved as presented.

  MOTION CARRIED (10 to 0)

10.2

Weekly Payment Vouchers for the Week Ending July 29, 2020

• SJMC-R-2020-08-04/381
  Moved By Councillor Burton
  Seconded By Councillor Hickman

  That the weekly payment vouchers for the week ending July 29, 2020 in the amount of $ 2,744,578.82 be approved as presented.

  MOTION CARRIED (10 to 0)

11.

TENDERS/RFPS

11.1

2020113 – Two (2) New, current production, Cab & Tandem Chassis Dump Trucks

• SJMC-R-2020-08-04/382
  Moved By Councillor Froude
  Seconded By Councillor Stapleton

  That Council award open call 2020113 - Two (2) New, current production, Cab & Tandem Chassis Dump Trucks to the lowest bidder meeting specification, Harvey & Company Ltd., as per the Public Procurement Act, for the amount of $399,725.28, HST included.

  The City reserves the right to order an additional 1 or 2 units within 6 months of award, at the same tendered price.

  MOTION CARRIED (10 to 0)

11.2

2020117 Infrastructure Water and Sewer

• SJMC-R-2020-08-04/383
  Moved By Councillor Froude
  Seconded By Councillor Lane

  That Council award open call 2020117 Infrastructure Water and Sewer the award to Pyramid Construction Limited for the sum of $1,404,265.00 (HST included) to the lowest qualified bidder meeting specifications as per the Public Procurement Act.

  MOTION CARRIED (10 to 0)

11.3

2020095 – Two (2), New, not used, Pumper Apparatus

• SJMC-R-2020-08-04/384
  Moved By Councillor Froude
  Seconded By Councillor Collins

  That Council award open call 2020095 – Two (2) New, not used, Pumper Apparatus to the lowest bidder meeting specification, Metalfab Ltd., as per the Public Procurement Act, for $1,324,414.02 plus HST.

  MOTION CARRIED (10 to 0)

11.4

2020101- Loader.

• SJMC-R-2020-08-04/385
  Moved By Councillor Froude
  Seconded By Councillor Collins

  THAT Council award open call # 2020101-Loader to Toromont CAT for $283, 400 plus HST

  MOTION CARRIED (10 to 0)

11.5

2020111 – Two (2) 2020 Sanders

• SJMC-R-2020-08-04/386
  Moved By Councillor Froude
  Seconded By Deputy Mayor O'Leary

  That Council award open call 2020111 – Two (2) Tandem Sanders to the lowest bid meeting specification, Saunders Equipment, as per the Public Procurement Act, for $804,920.00 plus HST.

  MOTION CARRIED (10 to 0)

12.

NOTICES OF MOTION, RESOLUTIONS QUESTIONS AND PETITIONS

12.1

Petition from residents of Portia Place and Crosbie Road - Requesting Traffic Calming.

Councillor Froude tabled a petition from the residents of Portia Place and Crosbie Road which seeks Council's consideration for traffic calming.  The petition was referred to staff for analysis of eligibility. 

13.

OTHER BUSINESS

13.1

Block Party – Elton Place

Ratification of E-Poll

• SJMC-R-2020-08-04/387
  Moved By Councillor Hickman
  Seconded By Deputy Mayor O'Leary

  That Council approve the Block Party on Elton Place with associated road closure and noise by-law exemption.

  MOTION CARRIED (10 to 0)

13.2

Demolition of Dwelling – 2 Hartery Crescent

• SJMC-R-2020-08-04/388
  Moved By Councillor Collins
  Seconded By Councillor Burton

  That Council grant the Demolition Order of 2 Hartery Crescent as the dwelling is in a state of disrepair and unfit for habitation presenting possible safety hazards.

  MOTION CARRIED (10 to 0)

13.3

Evaluation of Transportation Changes in Response to COVID-19

• SJMC-R-2020-08-04/389
  Moved By Councillor Hickman
  Seconded By Councillor Korab

  That, effective August 5, 2020, Council conclude the transportation pilot project which was implemented in response to COVID 19  with removal of signage and markings at the earliest possible opportunity.  

  MOTION CARRIED (7 to 3)

14.

GO-Round

Councillor Jamieson tabled her resignation as Ward 2 Councillor effective today, August 4, 2020.  She thanked staff and the general public for the opportunity to work collaboratively in making many improvements throughout the City during her tenure.

15.

ADJOURNMENT

There being no further business, the meeting adjourned at 4:43 pm.