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 Sandy Hickman
  • Councillor Debbie Hanlon
  • Councillor Deanne Stapleton
  • Councillor Jamie Korab
  • Councillor Wally Collins
  • Councillor Shawn Skinner
Regrets:
  • Councillor Ian Froude
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
  • Susan Bonnell, Manager - Communications & Office Services
  • Jennifer Squires, Legislative Assistant
Others:

  • Lindsay Lyghtle Brushett, Supervisor of Planning & Development

​​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
 

2.
PROCLAMATIONS/PRESENTATIONS
 

3.
APPROVAL OF THE AGENDA
 

3.1
Adoption of Agenda
 

  • SJMC-R-2021-07-13/323
    Moved ByCouncillor Hanlon
    Seconded ByCouncillor Collins

    That the Agenda be adopted as presented.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

4.
ADOPTION OF THE MINUTES
 

4.1
Adoption of Minutes - June 28, 2021
This item has attachments. 

1.Post-Meeting Minutes - RCM_Jun28_2021 - English.pdf
  • SJMC-R-2021-07-13/324
    Moved ByCouncillor Burton
    Seconded ByCouncillor Skinner

    That the minutes of June 28, 2021 be adopted as presented.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

5.
BUSINESS ARISING FROM THE MINUTES
 

5.1
Residential use in floodplain buffer – 6 and 8 Winter Ave. REZ2100007
This item has attachments. 

1.Residential use in floodplain buffer – 6 and 8 Winter Ave. REZ2100007(1).pdf
2.6 and 8 Winter Ave - Attachments(1).pdf
3.Redacted Submissions - 6-8 Winter Avenue.pdf
  • SJMC-R-2021-07-13/325
    Moved ByCouncillor Burton
    Seconded ByCouncillor Skinner

    That Council consider adopting the attached text amendment for St. John’s Development Regulations No. 721, 2021, to allow residential uses at 6 and 8 Winter Avenue, in the floodplain and buffer of Rennie’s River.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

6.
DEVELOPMENT APPLICATIONS
 

6.1
Establish Building Line Setback – 11 Sycamore Place – DEV2100105
This item has attachments. 

1.Development Committee- Establish building line at 11 Sycamore Place - DEV2100105.pdf
2.11Sycamore.pdf
  • SJMC-R-2021-07-13/326
    Moved ByCouncillor Burton
    Seconded ByCouncillor Hickman

    That Council approve the 9.17 meter Building Line setback at 11 Sycamore place to accommodate construction of a Single Detached Dwelling.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

6.2
Proposed Subdivide in the Watershed - 111-125 Dogberry Hill Road Extension – INT2100034
This item has attachments. 

1.Development Committee- Request for Lot Subdivision in Watershed at 111-125 Dogberry Hill Road Ext- INT2100035.pdf
2.111-125 DOGBERRY HILL ROAD EXT_2.pdf
  • SJMC-R-2021-07-13/327
    Moved ByCouncillor Burton
    Seconded ByCouncillor Hanlon

    That Council reject the proposed subdivision of Lots 2 and 3 as they are located solely within the Broad Cove Watershed. Lot 1 is located outside the Watershed and is in the jurisdiction of the Town of Portugal Cove- St. Phillip’s.


    For (8)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, and Councillor Skinner
    Against (1)Councillor Collins


    MOTION CARRIED (8 to 1)

6.3
Crown Land Grant for Parking Area- Trans-Canada Highway- CRW2100006
This item has attachments. 

1.Development Committee- Proposed Crown Land Grant on Trans-Canada Highway - CRW210006.pdf
2.158169-2500 map.pdf

Staff were questioned if the lot would be used for commuters or occasional use, and responded that the lot would be intended for use by commuters. The reason for rejection is a zoning issue and the applicant could apply for rezoning once fulfilling requirements for doing so. 

  • SJMC-R-2021-07-13/328
    Moved ByCouncillor Burton
    Seconded ByCouncillor Korab

    That Council reject the proposed Crown Land Grant for Parking Lot on land off the Foxtrap Access Road (Trans-Canada Highway) as it is neither a Permitted nor Discretionary Use in the Rural (R) Zone.


    For (8)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, and Councillor Skinner
    Against (1)Councillor Collins


    MOTION CARRIED (8 to 1)

6.4
Request for Building Line Setback – 44 Fourth Pond Road - SUB2000043
This item has attachments. 

1.Development Committee- Request for Building Line Setback at 44 Fourth Pond Road- SUB2000043.pdf
2.44 FOURTH POND ROAD FLOODPLAIN.pdf
  • SJMC-R-2021-07-13/329
    Moved ByCouncillor Burton
    Seconded ByCouncillor Collins

    That Council approve a 31.31m Building Line Setback at 44 Fourth Pond Road to accommodate the construction of a Single Detached Dwelling.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

6.5
Request for Parking Relief- 430 Topsail Road – INT2100067
This item has attachments. 

1.Development Committee- Request for Parking Relief at 430 Topsail Road- INT21000067.pdf
2.430TopsailRd.pdf
  • SJMC-R-2021-07-13/330
    Moved ByCouncillor Burton
    Seconded ByCouncillor Korab

    That Council approve the parking relief for 1 additional parking space at 430 Topsail Road.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

6.6
Establish Building Line Setback – 58 Old Bay Bulls Road- DEV2100112
This item has attachments. 

1.Development Committee- Request to establish building line at 58 Old Bay Bulls Road - DEV2100112.pdf
2.58OldBayBullsRd.pdf
  • SJMC-R-2021-07-13/331
    Moved ByCouncillor Burton
    Seconded ByCouncillor Collins

    That Council approve the 15.0 metre Building Line Setback at 58 Old Bay Bulls Road to accommodate construction of a Single Detached Dwelling.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

6.7
Notices Published – 55 Kiwanis Street – DEV2100102
This item has attachments. 

1.Notices Published - 55 Kiwanis Street.pdf
2.Redacted Submissions - 55 Kiwanis Street.pdf
  • SJMC-R-2021-07-13/332
    Moved ByCouncillor Burton
    Seconded ByCouncillor Hickman

    That Council approve the application for a Takeout Pizzeria at 55 Kiwanis Street and relieve 1 parking space (approved via e-poll July 5, 2021).


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

6.8
Request for Parking Relief – 79 - 81 New Gower Street – INT2100068
This item has attachments. 

1.Request for Parking Relief - 79 - 81 New Gower Street.pdf
  • SJMC-R-2021-07-13/333
    Moved ByCouncillor Burton
    Seconded ByCouncillor Skinner

    That Council approve the parking relief for eight (8) parking spaces at 79-81 New Gower Street. (approved via e-poll on June 30, 2021)


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

6.9
Crown Land Grant for Extension of Private Property- 392 Paddy’s Pond Road- CRW2100007
This item has attachments. 

1.Development Committee- Proposed Crown Land Grant at 392 Paddy's Pond Road- CRW2100007.pdf
2.158121-Map1_2500.pdf
  • SJMC-R-2021-07-13/334
    Moved ByCouncillor Burton
    Seconded ByCouncillor Collins

    That Council approve the proposed Crown Land Grant at 392 Paddy’s Pond Road for the extension of private property.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

6.10
Notices Published – 265 Duckworth Street – DEV2100084
This item has attachments. 

1.Notices Published - 265 Duckworth Street.pdf
2.Redacted Submissions - 265 Duckworth Street_Redacted.pdf

Councillor Skinner noted that there were concerns from nearby businesses that the noise from the patio would negatively impact work in the afternoons from 12-7 p.m. He will meet with business owners to discuss the perceived issue.

  • SJMC-R-2021-07-13/335
    Moved ByCouncillor Burton
    Seconded ByCouncillor Hanlon

    That Council approve the application for an Outdoor Eating Area and Lounge at 265 Duckworth Street with the revised hours of operation of Monday – Wednesday, noon – 2 a.m. and Thursday – Sunday, noon – 3 a.m. (approved via e-poll on July 7, 2021).


    For (8)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, and Councillor Collins
    Against (1)Councillor Skinner


    MOTION CARRIED (8 to 1)

6.11
Notices Published – 90 Duckworth Street - DEV2100053
This item has attachments. 

1.Notices Published - 90 Duckworth Street - Fermentation Tanks.pdf
2.90 Duckworth.pdf
3.Location Fermentation Tanks.pdf
4.Redacted Submissions - 90 Duckworth Street.pdf

Council recommended that there be a meeting between the brewery and residents in the area to address concerns and receive feedback on current operations. The input from such meetings would be beneficial for subsequent applications as it would provide an opportunity to mitigate concerns from neighbouring buildings. 

  • SJMC-R-2021-07-13/336
    Moved ByCouncillor Burton
    Seconded ByCouncillor Hanlon

    That Council reject the Discretionary Use application for four (4) exterior fermentation tanks 90 Duckworth Street.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

7.
COMMITTEE REPORTS
 

7.1
Committee of the Whole Report - June 30, 2021
This item has attachments. 

1.Post-Meeting Report - CoW_Jun30_2021 - English.pdf

1.
Inclusion Advisory Committee Recommendation – Use of Bicycles, Skateboards and Scooters in the Pedestrian Mall
This item has attachments. 

1.Post-Meeting Report - Inclusion Advisory Committee_Jun16_2021 - English.pdf
2.Inclusion Advisory Committee - Use of Bicycles at Pedestrian Mall(1).pdf

Council agreed that concerns about bicycle and skateboards in the pedestrian mall were valid, and that it was important that the situation be monitored and all incidents be reported. Visitors to the mall that observe unsafe behaviour are encouraged to notify security and to call 311 so that the complaint is on record. Councillors requested a report of incidents at the pedestrian mall be presented to Council. 

 

  • SJMC-R-2021-07-13/337
    Moved ByCouncillor Stapleton
    Seconded ByCouncillor Skinner

    Safety education protocols be reviewed and implemented with pedestrian mall staff. Access for bikes, skateboards and scooters be permitted, use of these monitored throughout the summer and further action is taken to modify access if required.


    For (7)Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Collins, and Councillor Skinner
    Against (1)Councillor Stapleton


    MOTION CARRIED (7 to 1)

2.
Frampton Avenue Sidewalks
This item has attachments. 

1.FramptonSidewalksMay2021.pdf
2.Attachment No 1 - Petition, Framton Avenue May 10, 2021 9 redacted.pdf
3.Attachment No 2 - Clovelly Stage 3C Lot Build Out May 12, 2021.pdf
4.Attachment No 3 - Lot Layout and Grading Plan1.pdf
5.Attachment No 4 - Lot Layout and Grading Plan 2.pdf

Council noted that the sidewalks would affect the grade and will create a problem for certain residents in the area. Staff stated that there is a 6m minimum setback requirement and once that minimum is met, it is the onus of the homeowner to ensure that their setback is enough to meet their needs.

 

  • SJMC-R-2021-07-13/338
    Moved ByCouncillor Burton
    Seconded ByCouncillor Stapleton

    That Council deny the request of some residents for a waiver of some or all of the sidewalk along Frampton Avenue and that Council require sidewalk installation as per the approved plans.



    MOTION CARRIED (7 to 2)

3.
2021 Heritage Financial Incentives Program
This item has attachments. 

1.2021 Heritage Financial Incentives Program (COTW).pdf
2.2021 Heritage Financial Incentives Program - Attachment (COTW).pdf
  • SJMC-R-2021-07-13/339
    Moved ByCouncillor Burton
    Seconded ByCouncillor Skinner

    That Council approve the twenty-four (24) grant applications as summarized in the attached tables, subject to compliance with the requirements of the Heritage Financial Incentives Grant Program and the City’s heritage requirements.



    MOTION CARRIED (9 to 0)

4.
120 Barnes Road, REZ2100004
This item has attachments. 

1.120 Barnes Road, REZ2100004.pdf
2.120 Barnes Road - Attachments.pdf
  • SJMC-R-2021-07-13/340
    Moved ByCouncillor Burton
    Seconded ByCouncillor Skinner

    That Council consider a text amendment to the St. John’s Development Regulations to reduce the minimum rear yard for all dwellings in the Residential Downtown (RD) Zone from 6 metres to 3.5 metres, and advertise the proposed amendment for public review and comment. Also, that Council advertise a proposed 10% variance for the side yard for the house extension at 120 Barnes Road.



    MOTION CARRIED (9 to 0)

5.
Quidi Vidi Traffic changes
This item has attachments. 

1.Quidi Vid Traffic Changes_DN.pdf
2.Quidi Vidi Traffic Changes_DN.pdf
  • SJMC-R-2021-07-13/341
    Moved ByCouncillor Skinner
    Seconded ByCouncillor Hickman

    That Council close Barrow’s Road and Stone’s Road to through traffic from noon to 10 p.m., Friday to Sunday from July 16 to Sept. 5. Only local traffic permitted. Local traffic is defined as residents of the Mapleview Place, Barrows Road and Stones Road. Access to be granted for Plantation vendors and deliveries for business as well as users of the slip way for recreational fishing.

    That Council not implement one-way traffic for Quidi Vidi Village Road but rather reinstall the speed cushions in that area with the existing two-way traffic for the duration of this pilot.

    Biking, skateboarders and scooters would be subject to the same protocols as the Downtown Pedestrian Mall and further that consideration be given to the installation of bike racks. 



    MOTION CARRIED (9 to 0)

7.2
Audit and Accountability Standing Committee Report - July 7, 2021
 

1.
2020 Financial Statements
This item has attachments. 

1.2020 Audited Financial Statements.pdf
2.2020.12.31_City of St. John's_ Consolidated Financial Statements_Draft.pdf
  • SJMC-R-2021-07-13/342
    Moved ByCouncillor Stapleton
    Seconded ByCouncillor Hickman

    That Council approve the 2020 audited financial statements.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

8.
DEVELOPMENT PERMITS LIST (FOR INFORMATION ONLY) 
 

8.1
Development Permits List June 24 to July 7, 2021
This item has attachments. 

1.1 WEEKLY PERMITS LIST.pdf

Council considered the Development Permits List for information.

9.
BUILDING PERMITS LIST (FOR INFORMATION ONLY)
 

9.1
Building Permit List June 24 to July 7, 2021
This item has attachments. 

1.Permit List July 13, 2021.pdf

Council considered the Building Permit List for information.

10.
REQUISITIONS, PAYROLLS AND ACCOUNTS
 

10.1
Weekly Payment Vouchers for the Week Ending June 29, 2021
This item has attachments. 

1.Council List Week Ending June 29, 2021.pdf
  • SJMC-R-2021-07-13/343
    Moved ByCouncillor Stapleton
    Seconded ByCouncillor Skinner

    That Council approve the Weekly Payment Vouchers for the week ending June 29, 2021 in the amount of $ 4,171,583.64.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

10.2
Weekly Payment Vouchers for the Week Ending July 7, 2021
This item has attachments. 

1.Council List Week Ending July 7, 2021(1).pdf
  • SJMC-R-2021-07-13/344
    Moved ByCouncillor Korab
    Seconded ByCouncillor Collins

    That Council approve the Weekly Payment Vouchers for the week ending July 7, 2021 in the amount of $ 6,298,506.99.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

11.
TENDERS/RFPS
 

11.1
2021110 - 2021 Asphalt Crack Seal Program
This item has attachments. 

1.2021110 - 2021 Asphalt Crack Seal Program.pdf
  • SJMC-R-2021-07-13/345
    Moved ByCouncillor Hickman
    Seconded ByCouncillor Collins

    That Council award this open call to the lowest, and only, bidder meeting specifications, Crown Contracting Inc., for $156,075.00 (HST excluded) as per the Public Procurement Act.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (9 to 0)

12.
NOTICES OF MOTION, RESOLUTIONS QUESTIONS AND PETITIONS
 

13.
OTHER BUSINESS
 

13.1
68 Queen’s Road, Heritage Designation, SUB2100022
This item has attachments. 

1.68 Queen's Road, Heritage Designation, SUB2100022.pdf
2.68 Queen's Road - Heritage Designation Attachments.pdf
  • SJMC-R-2021-07-13/346
    Moved ByCouncillor Burton
    Seconded ByCouncillor Hickman

    That Council remove the municipal heritage designation from the Cathedral Parish Hall at 68 Queen’s Road, subject to a demolition plan that shows that the character-defining elements from the entrance (such as the Classical Revival arched brick transom, pilasters, keystone decoration, dentals and quoining) will be salvaged by hand-deconstruction, labelled and stored in a weather-protected building until the final design of the development is approved.


    For (8)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, and Councillor Collins
    Against (1)Councillor Skinner


    MOTION CARRIED (8 to 1)

13.2
SERC – Ayres Cove Road Closure
This item has attachments. 

1.SERC - Ayres Cove Closure.pdf
  • SJMC-R-2021-07-13/347
    Moved ByCouncillor Skinner
    Seconded ByCouncillor Stapleton

    That Council approve the closure of Ayre’s Cove on August 21 (August 28 rain date), from 11am to 6pm, for the Vertical Wall Dance performance by Cirque'letics School of Circus Arts.


    For (8)Mayor Breen, Deputy Mayor O'Leary, Councillor Hickman, Councillor Hanlon, Councillor Stapleton, Councillor Korab, Councillor Collins, and Councillor Skinner


    MOTION CARRIED (8 to 0)

14.
ACTION ITEMS RAISED BY COUNCIL
 

14.1
Mobile Vending - Pedestrian Mall
 

There are electrical hook ups available for mobile vendors at the pedestrian mall. Council is encouraging any interested mobile vending operators to apply. 

15.
ADJOURNMENT
 

There being no further business, the meeting adjourned at 4:53 p.m.

No Item Selected