Minutes of Regular Meeting - City Council

Council Chamber, 4th Floor, City Hall

Monday, July 06, 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 Sandy Hickman
• Councillor Debbie Hanlon
• Councillor Deanne Stapleton
• Councillor Hope Jamieson
• Councillor Jamie Korab
• Councillor Ian Froude
• Councillor Wally Collins

Regrets:

• Councillor Dave Lane

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
• Maureen Harvey, Legislative Assistant

Others:

• Kelly Maguire - Communications Officer

​​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-2020-07-06/305
  Moved By Councillor Collins
  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 - June 23, 2020

• SJMC-R-2020-07-06/306
  Moved By Councillor Hickman
  Seconded By Councillor Korab

  That the minutes of June 23, 2020 be adopted as presented.

  MOTION CARRIED (10 to 0)

5.

BUSINESS ARISING FROM THE MINUTES

6.

NOTICES PUBLISHED

6.1

154 Merrymeeting Road - Residential High Density (R3) Zone - Ward 2

A change of Non-Conforming Use application has been submitted requesting permission to change the occupancy of the laundromat on the main floor at 154 Merrymeeting Road to a 2-Bedroom Dwelling Unit.

The proposed Dwelling unit will have a floor area of 85.5 m². There is currently 1 dwelling unit on the main floor, and 3 dwelling units on the second floor. No additional parking is proposed.

No submissions received.

• SJMC-R-2020-06-23/307
  Moved By Councillor Jamieson
  Seconded By Councillor Collins

  That Council approve the application requesting permission to change the occupancy of the laundromat on the main floor at 154 Merrymeeting Road to a 2-Bedroom Dwelling Unit subject to meeting all applicable regulatory requirements.

  MOTION CARRIED (10 to 0)

6.2

25 Juliann Place - Residential R1 Zone - Ward 1

A Discretionary Use application has been submitted for a Home Occupation for massage therapy at 25 Julieann Place.

The business involves therapeutic massage and will operate part-time Monday-Friday, 2-3 hours per day between 9:30 a.m. - 5:30 p.m. Clients will be seen 1 per hour, 2 clients per day, 30 minutes between sessions. Total floor area used for the business is 32.5m2. The applicant is the sole employee. One on-site parking space is provided for the business.

One (1) submission attached

• SJMC-R-2020-07-06/308
  Moved By Councillor Stapleton
  Seconded By Councillor Hanlon

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

  MOTION CARRIED (10 to 0)

6.3

East of 18 Tigress Street - Residential Kenmount (RK) Zone - Ward 4 

A Discretionary Use application has been submitted by Dynamic Properties Ltd. requesting the subdivision of vacant land located east of 18 Tigress Street to create 8 Single-Detached Dwelling – Smaller Lots.

The lots will have a minimum Lot Frontage of 12 meters and a minimum Lot Area of 350m2. All lots meet the minimum Single Detached Dwelling - Smaller Lot Zone Requirements of the Residential Kenmount (RK) Zone.

Six (6) submissions attached.

• SJMC-R-2020-07-06/309
  Moved By Councillor Froude
  Seconded By Deputy Mayor O'Leary

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

  MOTION CARRIED (10 to 0)

6.4

Eating Establishments and Lounges in the Downtown - Ward 2

A Discretionary Use application has been submitted by the City of St. John’s for Outdoor Eating Areas and Lounges in various locations Downtown during 2020.

The area for potential Outdoor Eating Areas and Lounges will be located along applicable sidewalks and parking areas in the Downtown from: Temperance Street at Duckworth Street intersection to New Gower Street at Hamilton Avenue intersection and along Duckworth Street and New Gower Street to the Harbour; and from New Gower Street at Hamilton Avenue intersection to Leslie Street at Blackhead Road intersection along Water Street, within any commercial downtown zone where these uses can be considered.

The City wishes to allow the use of these areas by business to expand their operations, especially as social distancing is required during the covid-19 pandemic. The use of these spaces will be subject to a lease agreement with the City, which will outline the size of the space, hours of operation for the outdoor patios, and other requirements. Businesses within the “Downtown Mall” area will be able to lease this space outside the set mall hours.

One (1) submission attached.

• SJMC-R-2020-07-06/310
  Moved By Councillor Jamieson
  Seconded By Councillor Hanlon

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

  MOTION CARRIED (10 to 0)

6.5

57 Old Pennywell Road

Discretionary use and request to set parking for proposed fitness facility

• SJMC-R-2020-07-06/311
  Moved By Councillor Korab
  Seconded By Councillor Burton

  That Council approve the Discretionary Use application for a Fitness Facility with ancillary Massage Therapy Use at 57 Old Pennywell Road subject to meeting all applicable regulatory requirements.
  
  That Council set the parking requirement for the proposed Fitness Facility at 4 parking spaces, at 57 Old Pennywell Road, in addition to the 3 parking spaces required for the Massage Therapy Use.          

  MOTION CARRIED (10 to 0)

7.

COMMITTEE REPORTS

7.1

Development Committee Report

1.

Request for Parking Relief - 154 Merrymeeting Road - DEV2000058

• SJMC-R-2020-06-23/312
  Moved By Councillor Burton
  Seconded By Deputy Mayor O'Leary

  That Council approve the parking relief for 1 parking space for the proposed residential unit at 154 Merrymeeting Road, subject to Council’s approve of the Change of Non-Conforming Use application on June 23, 2020.

  MOTION CARRIED (10 to 0)

2.

Request for Subdivide of Property 95 Dogberry Hill Road Extension Town of Portugal Cove-St. Philip’s INT2000051

• SJMC-R-2020-07-06/313
  Moved By Councillor Burton
  Seconded By Councillor Hickman

  That Council approve the subdivide of the land in the Watershed at 95 Dogberry Hill Road Extension, Portugal Cove-St. Philip’s, subject to the condition that this is for subdivide of the property only, and no development approval is granted at this time.

  MOTION CARRIED (10 to 0)

3.

Request for Building Line Setback in the Residential Low Density (R1) Zone 23 Chafe’s Lane INT2000054

• SJMC-R-2020-07-06/314
  Moved By Councillor Burton
  Seconded By Councillor Collins

  That Council approve the 22.865 metre Building Line setback for 23 Chafe’s Lane.

  MOTION CARRIED (10 to 0)

7.2

Committee of the Whole Report - June 24, 2020

1.

Materials Management Policy

• SJMC-R-2020-07-06/315
  Moved By Councillor Froude
  Seconded By Deputy Mayor O'Leary

  That Council approve the Materials Management Policy as tabled.

  MOTION CARRIED (10 to 0)

2.

Deferral of Selected Capital Projects

Several capital projects were brought forward for deferral and are listed below: 

CAPITAL OUT OF REVENUE EXPENDITURE	2020 Budget	Defer
Grind and Patch	1,970,000
Snow removal/dump	886,431
Capital grants Community Groups	800,000
Various City Buildings	500,000
Sidewalk/Curb/Gutter Repair	650,000
IT Project Capital Budget	250,000	250,000
Affordable Housing Strategy	133,500
Kenmount Fire Station Upgrade (City Share)	187,500
SJRFD Radio System	22,500
Sanders - Fleet Replacement	550,000
Municipal Residential Tree Planting Initiative	25,000	25,000
Large Diameter Culvert Replacement	180,000
Annual Traffic Calming Program	50,000	50,000
Bike St. John's Master Plan  - Project	377,923	377,923
Annual Infill Sidewalk Program	(50,000)
Loader Purchase	600,000
St. John's Airport - Flight Attraction Contribution	200,000
Fort Amherst (City Share)	100,000
Wetlands Study Phase 2	350,000	350,000
Rawlin's Cross Reconfiguration (subject to approval)	150,000	150,000
City Hall Energy Efficiency Assessment (Sustainability Plan)	100,000	100,000
Cameras on Sanders	200,000	200,000
Pavement Marking Digitization	100,000	100,000
Downtown Decorative Lighting	291,938	291,938
Asphalt Lab Relocation	175,000
George Street Revitalization Project - Study Only	50,000	50,000
Pedestrian & Bike Counters	50,000	50,000
Bike Racks	10,000
Sidewalk snowblowers (2)	620,000
Sidewalk plows (4)	800,000
Land Acquisition	300,000
TOTAL CAPITAL OUT OF REVENUE EXPENDITURE	$10,629,792	$1,994,861

 

 

 

• SJMC-R-2020-07-06/316
  Moved By Councillor Hickman
  Seconded By Councillor Korab

  That Council approve the recommended deferral of capital projects as listed above with the exception of the Bike Master Plan Capital Project – a decision on which is pending receipt of information on the Open Space Parks Reserve Fund

  MOTION CARRIED (8 to 2)

3.

Extension of interest free period on residential and commercial property taxes and water tax up to and including December 31, 2020

• SJMC-R-2020-07-06/317
  Moved By Councillor Jamieson
  Seconded By Councillor Collins

  That Council approve the extension of the interest free period on residential and commercial property taxes and water tax up to and including December 31, 2020

  MOTION CARRIED (10 to 0)

4.

Inclusion Advisory Committee (IAC) Terms of Reference Review

• SJMC-R-2020-07-06/318
  Moved By Councillor Stapleton
  Seconded By Councillor Jamieson

  That Council approve the following changes to the IAC Terms of Reference:
  Under Section 3.1 Composition
  Change the committee composition to read:
  
  The Advisory Committee will be comprised of a minimum of 11 and a maximum of 18 total members from the following stakeholder groups:
  
  The Committee will be comprised of no more than 10 staff persons/board members representing agencies relevant to persons with disabilities and persons facing other barriers as follows:
  1.Coalition of Persons with Disabilities NL (CODNL)
  2.Empower
  3.Association for Community Living
  4.NL Association for the Deaf (NLAD)
  5.GoBus (Metrobus)
  6.CNIB
  7.Autism Society NL
  8.Canadian hard of Hearing Association - NL
  9.Association for New Canadians
  10.First Light NL
  
  Representatives of seven (7) organizations or individuals that support persons facing other barriers to participation in the community. Efforts will be made to include the following sectors:
  1.Mental Health
  2.Poverty
  3.Universal Design/Accessibility
  4.LGBTQ2S
  5.Physical and Neurological Disabilities
  6.Anti-Racism
  7.Women
  
  The Committee will be comprised of no more than 5 residents serving as public members who are members of the inclusion community, their caregivers and/or persons facing other barriers.
  
  Under Section 5.2 Eligibility and Selection
  Change point 2 to read:
  Organizational representatives must be based in or serve/do business within the City of St. John’s and have decision making authority with the agency they represent.
  
  Under section 7.2 Meetings and Schedules
  Change the meeting location to read:
  Unless otherwise specified (generally one week prior to a meeting) advisory committee meetings shall be held at City facilities or via accessible video/virtual meeting platforms and shall be closed to the public
  
  Section 7.2 Meetings and Schedules:
  
  Unless otherwise specified advisory committee meetings shall be held at City facilities or via accessible video/virtual meeting platforms.

  MOTION CARRIED (10 to 0)

5.

50 International Place, MPA2000004

• SJMC-R-2020-07-06/319
  Moved By Councillor Burton
  Seconded By Councillor Stapleton

  That contrary to staff's recommendation, Council reject a proposed amendment to add a new Parking (P) Zone for the purpose of a Vehicle Storage Yard at 50 International Place, and that the application be advertised for public review and comment.

  MOTION CARRIED (10 to 0)

6.

Traffic Calming Policy Overview

• SJMC-R-2020-07-06/320
  Moved By Councillor Burton
  Seconded By Councillor Froude

  Staff provide an over-arching review of road safety through which a revised traffic calming policy can be developed.

  MOTION CARRIED (10 to 0)

7.

Military Road Crosswalk Enhancement

• SJMC-R-2020-07-06/321
  Moved By Councillor Hickman
  Seconded By Councillor Jamieson

  That Council approve the installation of temporary traffic control islands at the crosswalk located at Military Road and the Bannerman Park entrance (adjacent Carew Street).

  MOTION CARRIED (10 to 0)

8.

DEVELOPMENT PERMITS LIST  (FOR INFORMATION ONLY) 

8.1

Development Permits List for the Period of June 18 - July 1, 2020

9.

BUILDING PERMITS LIST

9.1

Building Permits List for the Week Ending July 1, 2020

• SJMC-R-2020-07-06/322
  Moved By Councillor Burton
  Seconded By Councillor Stapleton

  That the Building Permits List for the week ending July 1, 2020 be approved as presented.

  MOTION CARRIED (10 to 0)

10.

REQUISITIONS, PAYROLLS AND ACCOUNTS

10.1

Weekly Payment Vouchers for the Week Ending June 24, 2020

• SJMC-R-2020-07-06/323
  Moved By Councillor Jamieson
  Seconded By Deputy Mayor O'Leary

  That Council approve the weekly payment vouchers for the week ending June 24, 2020 in the amount of $ 3,041,651.13

  MOTION CARRIED (10 to 0)

10.2

Weekly Payment Vouchers for the Week Ending June 30, 2020

• SJMC-R-2020-07-06/324
  Moved By Councillor Froude
  Seconded By Councillor Collins

  That Council approve the weekly payment vouchers for the week ending June 30, 2020 in the amount of $ 1,382,737.20 

  MOTION CARRIED (10 to 0)

11.

TENDERS/RFPS

11.1

2020062 - Supply and Delivery of Open Top Roll Off Containers

• SJMC-R-2020-07-06/325
  Moved By Councillor Froude
  Seconded By Councillor Hickman

  That Council award for Open Top Roll-off Containers to the lowest bidder that meets specifications, Protek Industries Ltd., for $198,491.83 excluding HST, as per the Public Procurement Act.

  MOTION CARRIED (10 to 0)

11.2

2020091 2020 Bridge Rehabilitation Program - Contract 2

• SJMC-R-2020-07-06/326
  Moved By Councillor Froude
  Seconded By Councillor Collins

  That Council award Open Call 2020091 - 2020 Bridge Rehabilitation Program - Contract #2 to the lowest bidder meeting specifications Bursey Excavating & Development Inc. for the sum of $146,354.75 (HST included) as per the Public Procurement Act.

  MOTION CARRIED (10 to 0)

12.

NOTICES OF MOTION, RESOLUTIONS QUESTIONS AND PETITIONS

13.

OTHER BUSINESS

13.1

Deferral of proposed August 1st Tipping fee Increase

• SJMC-R-2020-07-06/327
  Moved By Councillor Hickman
  Seconded By Councillor Froude

  That Council recommend to the Eastern Regional Services Board the proposed increase in tipping fees from $67.60 to $75 be delayed from August 1st, 2020 to January 1, 2021.

  MOTION CARRIED (10 to 0)

13.2

Grand Concourse Authority Trail Maintenance Contract Renewal (Previously approved via E-Poll on June 25, 2020)

• SJMC-R-2020-07-06/328
  Moved By Councillor Froude
  Seconded By Deputy Mayor O'Leary

  That Council approve the renewal of the Grand Concourse Authority maintenance and service of trails within the City of St. John’s as per details contained within the traditional scope of work.

  MOTION CARRIED (10 to 0)

13.3

George Street Association 2020 Summer Plan

• SJMC-R-2020-07-06/329
  Moved By Councillor Jamieson
  Seconded By Councillor Korab

  That Council approve the George Street Association event and associated road closure.

  MOTION CARRIED (10 to 0)

13.4

Bannerman Road – Mobile Vending Leased Space

• SJMC-R-2020-07-06/330
  Moved By Councillor Jamieson
  Seconded By Deputy Mayor O'Leary

  That Council
  -create a leased mobile vending space for food and/or refreshments on Bannerman Road as described above;
  -The lease rate be $1500 plus HST per year and is subject to change in future years as determined by Council; and
  -The leased space be awarded by random draw.

  MOTION CARRIED (10 to 0)

13.5

The Social Distance Dockside Eatery

• SJMC-R-2020-07-06/331
  Moved By Councillor Jamieson
  Seconded By Councillor Burton

  That Council  approve ‘The Social Distance Dockside Eatery’, which is subject to the terms and conditions of the Special Events Regulatory Committee. 

  MOTION CARRIED (10 to 0)

13.6

Waiving of Permit Fees for Youth Ventures Participants

• SJMC-R-2020-07-06/332
  Moved By Councillor Burton
  Seconded By Deputy Mayor O'Leary

  That Council waive permit fees for participants who start businesses in St. John’s for the duration of the Youth Ventures program for 2020 (upto August 31, 2020).

  MOTION CARRIED (10 to 0)

14.

GO-ROUND

Deputy Mayor O'Leary requested that an update on the status of affordable housing units be added to the Committee of the Whole Agenda for July 9, 2020. She also requested a letter of support be sent in relation to FCM's request for $10 Billion in emergency municipal operating funding. 

Councillor Burton requested that a former decision note of May 5, 2020 entitled "Transportation Changes in Response to COVID 19" be brought forward for further discussion at the July 9th meeting of Committee of the Whole.  

Councillor Hickman requested that further discussion be held on adjustments for some traffic pedestrian crossing signals (i.e. Parkway, Columbus Drive and Kelsey Drive at Messenger Drive). As noted above, this decision note will be discussed at Committee of the Whole.  He also questioned, in light of recent collisions, whether staff could review approaches and adjusting the signage at Rawlins Cross.  

Councillor Jamieson reported that she has accepted a position of Program Manager with a National Housing Program which places her in a conflict of interest position on Council.  As a result, she informed Council that she intends to resign her seat on Council within the next month.  She commended Council and staff and the accomplishments that have been made during her term and expressed a keen interest in continuing to work with the City on affordable housing in her new capacity.

15.

ADJOURNMENT

There being no further business, the meeting adjourned at 4:48 pm