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 Carl Ridgeley
Regrets:
  • Councillor Ian Froude
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
  • Ken O'Brien, Chief Municipal Planner
  • Karen Chafe, City Clerk
  • Stacey Corbett, Legislative Assistant
  • Jackie O'Brien, Communications & Public Relations 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.”


  • SJMC-R-2023-11-28/529
    Moved ByCouncillor Ravencroft
    Seconded ByCouncillor Bruce

    That the Agenda be adopted as presented.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/530
    Moved ByCouncillor Ellsworth
    Seconded ByCouncillor Hanlon

    That the Minutes of November 14, 2024, be accepted as presented.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/531
    Moved ByCouncillor Ridgeley
    Seconded ByCouncillor Hickman

    That Council approve the construction of a residential fence in the Floodplain Buffer at 12 Gallipoli Street, with the condition that no additional clearing of the land is permitted except what is required for construction of the fence.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/532
    Moved ByCouncillor Ridgeley
    Seconded ByCouncillor Bruce

    That Council approve the Discretionary Use application for a Home Occupation at 10 Blue Jacket Place for a spa.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/533
    Moved ByCouncillor Ridgeley
    Seconded ByCouncillor Ravencroft

    That Council approve the Discretionary Use application at 24 Lemarchant Road for a Dwelling Unit on the 1st storey. It is recommended that parking relief for one parking space also be approved to accommodate the new Dwelling Unit.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

Councillor Ellsworth declared a conflict of interest and abstained from voting.

Councillor Ravencroft discussed the concerns voiced by the residents of the neighbourhood, but advised that the applicants are taking every step to mitigate those concerns.

  • The biggest concern was the 4 am start time. It was advised that this is the earliest possible time the dawn prayer can occur. It typically occurs around sunrise and therefore it will not be often that the building will be in use at this time. The applicant also understands there are concerns about noise at this time and will communicate with their members to ensure that they be mindful of sleeping neighbours.
  • Lack of parking was also a concern. The applicants have advised that many attendees are students of MUN and CNA and do not have vehicles. Most attendees will walk, use public transportation or carpool.
  • There was also concerns raised that the applicant would operate this building as a shelter, which is incorrect.
  • SJMC-R-2023-11-28/534
    Moved ByCouncillor Ridgeley
    Seconded ByCouncillor Burton

    That Council approve the change of Non-Conforming Use application at 47 Smith Avenue, to allow the revised hours of use from 4 a.m. to 12 a.m. (midnight), seven (7) days per week in relation to the existing Place of Worship.


    For (9)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley
    Abstain (1)Councillor Ellsworth


    MOTION CARRIED (9 to 0)
  • SJMC-R-2023-11-28/535
    Moved ByCouncillor Korab
    Seconded ByCouncillor Bruce

    THAT Council approve for award this open call to the Top Ranked Proponent, as determined by the City’s evaluation committee, Bishop’s Cranes Ltd. for $1,049,720.00 a year (HST Incl.) as per the Public Procurement Act.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/536
    Moved ByCouncillor Burton
    Seconded ByCouncillor Ravencroft

    That Council, as per Section 8(3) of the St. John’s Heritage By-Law, accept the staff report on 39 Battery Road as the Heritage Report for a proposed Single Detached Dwelling.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/537
    Moved ByCouncillor Ravencroft
    Seconded ByCouncillor Bruce

    That Council consider redesignating 34 New Cove Road from the Institutional District to the Residential District, and consider rezoning 34 New Cove Road from the Institutional Zone to the Apartment 3 (A3) Zone.

    Further, that Council approve the attached draft terms of reference for a land use report.

    Further, upon receiving a satisfactory land use report, that Council refer the application to public notification, as the application will require a commissioner’s public hearing later in the amendment process.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Ridgeley, Councillor Korab, Councillor Ravencroft, Councillor Bruce, Councillor Hanlon, Councillor Hickman, Councillor Ellsworth, and Councillor Burton


    MOTION CARRIED (10 to 0)

Councillor Ellsworth declared a conflict of interest and abstained from voting.

Discussion took place and concerns were raised regarding raising the staff recommendation from 5 to 6. It was advised that the balance between protection of wetlands with development is essential and due to sustainability and climate change, some council members wanted to encourage the acceptance of the original staff recommendation of 5.

  • SJMC-R-2023-11-28/538
    Moved ByCouncillor Ridgeley
    Seconded ByCouncillor Korab

    That Council approve the recommendation as follows: Adopt the Phase 2A Wetland Study; Protect Lundrigan’s Marsh and all Wetlands within this study and future studies with a WESP-AC score of 6 or greater in accordance with Envision St. John’s Development Regulations Section 4.10; and Maintain the existing Wetland Buffers as outlined in Envision St. John’s Development Regulations Section 4.10(1) as 15m, with the exception of Synod Lands West Wetland, Long Pond Marsh, and George’s Pond.


    For (5)Mayor Breen, Councillor Hickman, Councillor Hanlon, Councillor Korab, and Councillor Ridgeley
    Against (4)Deputy Mayor O'Leary, Councillor Burton, Councillor Ravencroft, and Councillor Bruce
    Abstain (1)Councillor Ellsworth


    MOTION CARRIED (5 to 4)
  • SJMC-R-2023-11-28/539
    Moved ByCouncillor Hickman
    Seconded ByCouncillor Hanlon

    That Council approve the change in the funding transfer process to the Downtown parking reserve, which will be implemented effective the 2024 fiscal year.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/540
    Moved ByCouncillor Ellsworth
    Seconded ByDeputy Mayor O'Leary

    That the weekly payment vouchers, for the week ending November 15, 2023, in the amount of $2,431,870.08, be approved as presented.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/541
    Moved ByCouncillor Ellsworth
    Seconded ByCouncillor Ravencroft

    That the weekly payment vouchers, for the week ending November 22, 2023, in the amount of $8,830,584.65, be approved as presented.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/542
    Moved ByCouncillor Ellsworth
    Seconded ByCouncillor Korab

    That Council approve for award this limited call to the sole source bidder meeting specification, Provall Parts Limited, for $47,238.75 per year (HST not included) as per the Public Procurement Act.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/543
    Moved ByCouncillor Ellsworth
    Seconded ByCouncillor Hanlon

    That Council approve for award this limited call to the sole source bidder meeting specification, Saunders Equipment Ltd., for $170,035.95 per year (HST not included) as per the Public Procurement Act.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/544
    Moved ByCouncillor Hickman
    Seconded ByCouncillor Hanlon

    That Council approve the suspension of the Regular and Committee of the Whole meetings for the period beginning Wednesday, December 20, 2023 and resuming Tuesday, January 9, 2024.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

It was advised that, after a review of the water tax exemption policy and the City of St. John's Municipal Taxation Act, Council does not have discretion to impose tax exemptions on properties. A rescission of this policy is necessary so that the rules are applied fairly.

Discussion took place and concerns were raised regarding the impact this decision will have on residents. It was advised that if residents had any questions to contact Inspection Services to find the most cost effective way to handle the necessary changes so that they are not charged a water tax for a second unit.

The Deputy City Manager of Finance and Corporate Services advised that although there is a timeline on the letter received by residents, if residents can get the required changes done within the first six months of 2024, an exemption will be provided.

  • SJMC-R-2023-11-28/545
    Moved ByCouncillor Ellsworth
    Seconded ByCouncillor Hanlon

    That Council repeal policy 04-03-07 Water Tax – Vacant Apartments passed by Council on October 16, 2000.


    For (8)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Ellsworth, Councillor Ravencroft, and Councillor Bruce
    Against (2)Councillor Korab, and Councillor Ridgeley


    MOTION CARRIED (8 to 2)
  • SJMC-R-2023-11-28/546
    Moved ByCouncillor Ridgeley
    Seconded ByCouncillor Ellsworth

    That Council approve the expropriation of a portion of the bulb on Fort Amherst Road, as shown on the attached plot plan.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/547
    Moved ByCouncillor Ridgeley
    Seconded ByCouncillor Ravencroft

    That Council approve the expropriation of an easement for a storm sewer at 156 and 157 Main Road as shown on the attached plot plan.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/548
    Moved ByCouncillor Ellsworth
    Seconded ByCouncillor Hanlon

    That Council approve the costs associated with Deputy Mayor O’Leary’s travel to the Federation of Canadian Municipalities Board of Directors Meeting and Advocacy Days in Ottawa, and Councillor Bruce’s travel to Charlottetown, PE for the 2024 Event Atlantic Conference.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

Councillor Hanlon declared a conflict of interest and abstained from voting.

Councillor Ellsworth expressed concerns regarding the parking relief request. It was advised that the applicant provides their own shuttle service and they are also working on a parking agreement with Miller Centre for events that may take place on evenings and weekends.

  • SJMC-R-2023-11-28/549
    Moved ByCouncillor Ravencroft
    Seconded ByDeputy Mayor O'Leary

    That Council:
    1. Adopt Envision St. John’s Development Regulations Amendment Number 27, 2023, to rezone land at 40 Quidi Vidi Road from the Residential 3 (R3) Zone to the Residential Mixed (RM) Zone for the development of First Light headquarters, and amend Section 7.6.3 to set buffering and screening for the RM Zone in the discretion of Council.
    2. Approve the discretionary use of a place of assembly at 40 Quidi Vidi Road.
    3. Approve the attached land use report dated November 10, 2023, but correct the parking section to show the correct number of parking spaces required and provided.
    4. Approve parking relief of 50 spaces to accommodate the proposed expansion.
    5. Set the lot standards for the proposed extension, including setbacks, building height, lot coverage and landscaping percentage, as shown on the site plans in Appendixes 3 and 4 of the attached land use report dated November 10, 2023.
    6. Exempt Fire Light, as a charitable organization, from meeting the Heritage Design Standards, and approve the design of the extension as proposed, with the following conditions;
    - Should non-combustible materials be needed to meet fire and life safety requirements, limit their use to applicable facades (only use where needed); and
    - That the applicant consider leaving the existing brick unpainted.


    For (8)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Korab, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley
    Against (1)Councillor Ellsworth
    Abstain (1)Councillor Hanlon


    MOTION CARRIED (8 to 1)

Councillor Ravencroft declared a conflict of interest and abstained from voting.

  • SJMC-R-2023-11-28/550
    Moved ByCouncillor Hickman
    Seconded ByDeputy Mayor O'Leary

    That Council approve the 2023 Art Procurement Jury’s recommendations for purchase as attached.


    For (8)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Korab, Councillor Ellsworth, Councillor Bruce, and Councillor Ridgeley
    Abstain (1)Councillor Ravencroft


    MOTION CARRIED (8 to 0)
  • SJMC-R-2023-11-28/551
    Moved ByCouncillor Bruce
    Seconded ByCouncillor Hanlon

    That Council approve the noise by-law extensions for filming after 11:00pm on December 2, December 3, December 10 – 12, and December 17.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)
  • SJMC-R-2023-11-28/552
    Moved ByCouncillor Bruce
    Seconded ByCouncillor Ellsworth

    That Council adopt Envision St. John’s Development Regulations Amendment Number 29, 2023, to add Home Occupation to the Residential Special (RA) Zone.

    Further, that Council approve the discretionary use application to operate a home care business at 110 Higgins Line, subject to Development Regulations Amendment Number 29, 2023 coming into legal effect.


    For (10)Mayor Breen, Deputy Mayor O'Leary, Councillor Burton, Councillor Hickman, Councillor Hanlon, Councillor Korab, Councillor Ellsworth, Councillor Ravencroft, Councillor Bruce, and Councillor Ridgeley


    MOTION CARRIED (10 to 0)

Councillor Ravencroft presented the note to inform Council that the correct zone requested by the applicant in the rezoning of 57 Margaret's Place is the Apartment 2 (A2) Zone, not the Apartment (A1) Zone.

Councillor Ellsworth requested that the Mayor write a letter to Katharine McKenney congratulating her on receiving a scholarship.

There being no further business, the meeting adjourned at 4:46 p.m.

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