Minutes of Regular Meeting - City Council

Council Chamber, 4th Floor, City Hall

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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 Ian Froude
  • Councillor Carl Ridgeley
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
  • Brian Head, Acting Deputy City Manager, Public Works
  • Christine Carter, 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.”


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

  • SJMC-R-2022-09-06/386
    Moved ByCouncillor Ravencroft
    Seconded ByCouncillor Bruce

    That the Agenda be adopted as presented.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)
  • SJMC-R-2022-09-06/387
    Moved ByCouncillor Hickman
    Seconded ByCouncillor Ellsworth

    That the minutes of August 23, 2022, be adopted as presented.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)
  • SJMC-R-2022-09-06/388
    Moved ByCouncillor Korab
    Seconded ByCouncillor Bruce

    That Council approve parking relief for four (4) parking spaces at 108 McNiven Place (Dennis Lawlor Park) to allow construction of a public washroom building, which is part of the Recreation Use of the site.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)

Councillor Ellsworth voiced his concerns with any development in the watershed, and asked if there is an existing livyer in that property at this time. Staff advised that there is currently an occupant in the dwelling.

Deputy Mayor O'Leary added her support for this, particularly the call for remediation of the property that has been clear cut.

  • SJMC-R-2022-09-06/389
    Moved ByCouncillor Korab
    Seconded ByDeputy Mayor O'Leary

    That Council approve the demolition and rebuild of the smaller dwelling at civic number 661-665 Thorburn Road, subject to the following conditions:

    1. The floor area of the proposed new replacement dwelling will not be allowed to expand more than 50%of the existing dwelling;
    2. The development must meet all requirements of the Department of Planning, Engineering and Regulatory Services; and
    3. The area clear cut at the rear of the property must be reinstated before any Building Permits are issued.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)
  • SJMC-R-2022-09-06/390
    Moved ByCouncillor Hanlon
    Seconded ByCouncillor Ravencroft

    That Council approve the revised date and associated road closures for the St. John’s Pride Parade on September 25.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)

Deputy Mayor O'Leary asked Staff about the process for this watermain work, and whether it is similar to the project on Water Street. The Deputy City Manager of Planning, Engineering and Regulatory Services explained that this work is similar to the Water Street upgrades but more similar to the work done in Rabbittown. Mr. Sinyard added that this process extends the life of the watermain and is a financially effective way to complete the work versus a full replacement. There are temporary above ground water lines used while the work is being completed which will be reconnected when the work is finished.

  • SJMC-R-2022-09-06/391
    Moved ByCouncillor Hickman
    Seconded ByCouncillor Froude

    That Council approve for award this open call to the lowest and sole bidder, Fer-Pal Construction Ltd., for $9,178,983.75 (HST Incl.) as per the Public Procurement Act.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)

Weekly Payment Vouchers for the Week Ending August 24, 2022

  • SJMC-R-2022-09-06/392
    Moved ByCouncillor Ellsworth
    Seconded ByCouncillor Ravencroft

    That the weekly payment vouchers for the week ending August 24, 2022, in the amount of $5,524,828.56 be approved as presented.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)

Weekly Payment Vouchers for the Week Ending August 31, 2022

  • SJMC-R-2022-09-06/393
    Moved ByCouncillor Ellsworth
    Seconded ByDeputy Mayor O'Leary

    That the weekly payment vouchers for the week ending August 31, 2022, in the amount of $7,591,392.59 be approved as presented.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)
  • SJMC-R-2022-09-06/394
    Moved ByCouncillor Hickman
    Seconded ByCouncillor Ridgeley

    That Council approve for award this open call to the lowest and sole bidder meeting specifications, Crown Contracting Inc., for $281,175.00 (HST Incl.) as per the Public Procurement Act.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)
  • SJMC-R-2022-09-06/395
    Moved ByCouncillor Ellsworth
    Seconded ByCouncillor Hanlon

    That Council approve for award this open call to lowest and sole bidder meeting specifications, Harvey & Company Ltd, for $211,899.26 (HST not incl.) a year, as per the Public Procurement Act.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)

Councillor Froude asked about the costs as outlined in the Decision Note for the project. The Deputy City Manager of Planning, Engineering and Regulatory Services advised that the costs included in this are for the full project, and today's decision is just for the awarding of the Professional Consulting Services.


A question was also asked whether in the planning for this type of project if there is an analysis and comparison done to previous similar projects. Staff advised that previous projects are reviewed for this purpose.

  • SJMC-R-2022-09-06/396
    Moved ByCouncillor Ridgeley
    Seconded ByCouncillor Ellsworth

    That Council award Professional Consulting Services as submitted by Mills & Wright Landscape Architecture proposal in response to our Negotiable Request for Proposal call. At this time, Phases 1 to 3 ($296,932.88) will be completed, and Phases 4-7 will be contingent on fundraising efforts by the Bowring Park Foundation for the construction phase of the project. At this point in time, there is no set date for construction commencement. Funding for Phases 1-3 is covered by the approved COOR 2022 budget.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)
  • SJMC-R-2022-09-06/397
    Moved ByCouncillor Bruce
    Seconded ByCouncillor Ravencroft

    That Council approve for award this open call to the lowest bidder meeting specifications, J & T Construction Limited, for $249,037.56 (HST Incl.) as per the Public Procurement Act.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)

Councillor Ridgeley presented Council with a petition from residents of Shea Heights that have safety concerns about the intersection of Linegar Avenue, Blackhead Road and Jordan Place. Background information was included from the Royal Newfoundland Constabulary on accidents and other traffic complaints for the area, as well as traffic reports collected by the City. Staff was asked to review the information and to make recommendations.

  • SJMC-R-2022-09-06/398
    Moved ByCouncillor Bruce
    Seconded ByCouncillor Burton

    That Council appoint Liam O’Neill and Samuel Bishop to the Youth Engagement Working Group.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)
  • SJMC-R-2022-09-06/399
    Moved ByDeputy Mayor O'Leary
    Seconded ByCouncillor Hanlon

    That Council appoint the following members to the Arts & Culture Advisory Committee as per Staff’s recommendation:
          • One vacancy representing a Cultural, Indigenous and Intangible Cultural Heritage organization:  Agnès Mamet
          • One vacancy representing a business-based public member representative with a strong interest in arts, culture, and intangible cultural heritage: Amanda House


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)
  • SJMC-R-2022-09-06/400
    Moved ByCouncillor Froude
    Seconded ByCouncillor Bruce

    That Council adopt Envision St. John’s Development Regulations Number 15, 2022, to add a new Pedway definition, add conditions to Section 6 Specific Developments, and add Pedway as a Discretionary Use in these zones: Residential Mixed (RM); all Apartment Zones; all Commercial Zones; all Industrial Zones; and all Institutional Zones.

    Further, that Council approve the Discretionary Use of an at-grade Pedway between buildings located at 110 Hebron Way and 15 Verafin Way.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)
  • SJMC-R-2022-09-06/401
    Moved ByCouncillor Froude
    Seconded ByCouncillor Ellsworth

    That Council adopt Envision St. John’s Development Regulations Amendment Number 16, 2022, to allow consideration for Driveways and Hard Landscaping wider than 3.6 metres in the Residential Reduced Lot (RRL) Zone, subject to a snow storage plan.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)
  • SJMC-R-2022-09-06/402
    Moved ByCouncillor Hanlon
    Seconded ByCouncillor Hickman

    That Council approve the road closure requests for the Gower Street block party on September 18 (rain date September 24) and the CIBC Run for the Cure on October 2.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)

Councillor Froude asked for clarification on the details surrounding the open space in the development and asked why the recommendation to exclude open space was given by the Parks Division.

Mr. Brian Head, Manager of Parks, and Open Spaces advised that the distance from existing services was within the 800-metre radius as per the parks and recreation master plan and it avoids a duplication of services within a given radius. Mr. Ken O'Brien, Chief Municipal Planner, also added that the open space proposed was very small, and it was found that it would not be useful open space for City purposes.

Deputy Mayor O'Leary was very encouraged to see the incorporation of the wetland studies and floodplains but had some concerns about the flight path for this new residential development. She added that she is pleased to see the recommendations from the Commissioner in the report.

Councillor Burton inquired as to whether the developer pays cash in-lieu to the City if there is no open space development within the proposed development area and if those funds could be earmarked for improvements to existing recreation infrastructure in that area. Mr. Head advised that if open space is not required the City does look for payment in-lieu and noted that there are several amenities and trails in this area, and with funds available in the Open Space reserve upgrades can be done for those spaces in the area.

Councillor Froude asked what the current amenities are in the area, that is not the golf course or the walking trails. Mr. Head advised that there is park land, open space and a recreational area, as well as several playgrounds in the service radius.

  • SJMC-R-2022-09-06/403
    Moved ByCouncillor Froude
    Seconded ByCouncillor Hanlon

    That Council:
    1) approve the attached resolutions for Envision St. John’s Municipal Plan Amendment Number 2, 2022 and Envision St. John’s Development Regulations Number 3, 2022, as amended, regarding land at 130 Aberdeen Avenue;
    2) require that a detailed assessment of the acoustic insulation requirements be completed at the development approval stage, and appropriate acoustic insulation features be incorporated into the buildings to mitigate noise impacts from aircraft;
    3) ask the developer to inform perspective buyers, in writing, of the noise impacts associated with aircraft activity which may cause annoyance.


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)

Members of Council expressed their support for the program and the locations chosen this year as it will be very beneficial to those areas and the area residents.

Councillor Burton expressed that she is pleased to see the members appointed and she hopes that Dr. Giwa, the members, and organizational representatives have productive discussions on the Terms of Reference and looks forward to hearing from them after their meeting.

  • SJMC-R-2022-09-06/404
    Moved ByCouncillor Hanlon
    Seconded ByCouncillor Ellsworth

    That Council approve the following eight individuals to sit on the Anti-Racism Working Group along with the Organizational Representatives. It is also recommended that Council request that the members of the ARWG meet to review the Terms of Reference to make the changes necessary to address the concerns brought forward by two of the organizational representatives as well as any others brought forward by ARWG members. The recommended changes will then be brought forward to Council for their approval.

    Individuals:

    Ayse Sule Akinturk
    Bahar Haghighat
    Michelle Debnath-Canning
    Margarita Palmera

    Residents with Lived Experience:

    Tendai Mudunge
    Rohit Madan
    Qiao Lu
    Hubert Yaw Antwi-Adjei


    For (11)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Froude, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (11 to 0)

Deputy Mayor O'Leary raised the issue of expropriation and whether the City is able to take vacant buildings and houses and convert them into affordable housing. The City Solicitor advised that the expropriation process is governed by legislation, and is a statutory process. The role of the Legal Department would involve working with other City Departments that would have earmarked potential sites for expropriation and then each site would be looked at individually, and whether the parameters of the Act had been met, and then advise on the process going forward.

Deputy Mayor O'Leary asked that this concept be referred to the Affordable Housing Working Group for their discussion.

There being no further business, the meeting adjourned at 4:08 pm.

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