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 Dave Lane
  • Councillor Sandy Hickman
  • Councillor Debbie Hanlon
  • Councillor Deanne Stapleton
  • Councillor Shawn Skinner
  • Councillor Jamie Korab
  • Councillor Ian Froude
  • Councillor Wally Collins
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
  • Elaine Henley, City Clerk
  • Ken O'Brien, Chief Municipal Planner
  • Maureen Harvey, Legislative Assistant
  • Susan Bonnell, Manager - Communications & Office Services
  • Kelly Maguire, Public Relations & Marketing 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.”


Judge Pamela Goulding conducted the swearing in of Councillor Elect Shawn Skinner who thereafter proceeded to take his seat in the Council Chambers. 

Councillor Skinner was extended congratulations on his recent election and welcomed to the meeting.

  • SJMC-R-2020-10-26/529
    Moved ByCouncillor Skinner
    Seconded ByCouncillor Collins

    That the Agenda be adopted as presented.



    MOTION CARRIED (11 to 0)
  • SJMC-R-2020-10-26/530
    Moved ByDeputy Mayor O'Leary
    Seconded ByCouncillor Lane

    That the minutes of October 19, 2020 be adopted as presented.



    MOTION CARRIED (11 to 0)

At the October 19, 2020 Regular Meeting of Council, Councillor Froude gave notice of intent to move the adoption of the St. John's Election Finance (Amendment No. 1-2020) By-Law that will have the effect of incorporating recommended election reforms into the St. John's Election Finance By-Law for the 2021 general municipal election. 

 

A notice of motion was presented at the October 19, 2020 Regular Meeting of Council.

  • SJMC-R-2020-10-26/531
    Moved ByCouncillor Froude
    Seconded ByCouncillor Burton

    That Council approve Amendment No. 1-2020  to the St. John's Election Finance By-Law.



    MOTION CARRIED (10 to 1)

A change of Non-Conforming Use Application has been submitted by The Green Room Inc. requesting permission to change the Use of 9 Kerry Street to a storage and support facility for a Television Production Company.


The proposed Studio is to be used for office space and storage of production material. It will have a floor area of approximately 198m2. The studio will employ 3 full-time employees and operates Monday to Friday, 8 a.m. – 6 p.m. On-site parking is provided for 3 spaces.

Three (3) submissions received

  • SJMC-R-2020-10-26/532
    Moved ByCouncillor Froude
    Seconded ByCouncillor Lane

    That the application for a change of Non-Conforming Use Application by The Green Room Inc. requesting permission to change the Use of 9 Kerry Street to a storage and support facility for a Television Production Company be approved subject to meeting all applicable requirements.



    MOTION CARRIED (11 to 0)

A Discretionary Use Application has been submitted for a Home Occupation for Wellness Coaching at 13 Cherry Hill Road.

The business involves Therapeutic Stretch, Reiki & Coaching and will operate part-time Monday-Friday, 1-2 clients per day between 10 a.m.-2 p.m. Appointments will be 1 hour with no overlap. Total floor area used for the business is 16.35m2. The applicant is the sole employee. One on-site parking space is provided for the business.

Three (3) submissions received.

  • SJMC-R-2020-10-26/533
    Moved ByCouncillor Froude
    Seconded ByDeputy Mayor O'Leary

    That the Discretionary Use Application  for a Home Occupation for Wellness Coaching at 13 Cherry Hill Road be approved subject to meeting all applicable requirements



    MOTION CARRIED (11 to 0)

A Discretionary Use Application has been submitted to the City of St. John’s seeking approval to install a Wireless Communication Facility adjacent to the building at the west side at 23 Duffy Place.

In accordance with the City of St. John’s Siting Protocol for Wireless Facilities, the City of St. John’s hereby notifies property owners in the vicinity of 23 Duffy Place of the intention to install the additional 2-9 antennas.
• The antennas will be 1.4m in height, covered by radomes that will be ground mounted on a concrete base (total height of 2.7m or 9ft)
• The area will be fully enclosed by a secure shielding fence of 7m by 41m which is 2.5m (8ft) in height.

No submissions

  • SJMC-R-2020-10-26/534
    Moved ByCouncillor Froude
    Seconded ByCouncillor Lane

    That the Discretionary Use Application seeking approval to install a Wireless Communication Facility adjacent to the building at the west side at 23 Duffy Place be approved subject to meeting all applicable requirements.



    MOTION CARRIED (11 to 0)

A Discretionary Use Application has been submitted to occupy a portion of the building at 350 Torbay Road as Warehouse Use.

The proposed Warehouse will have a floor area of 469m2 and will be used to supply a large chain of retail stores. The business will operate Monday to Thursday, from 9 a.m. to 6 p.m., Friday 8 a.m. to 6 p.m., Saturday and Sunday 9 a.m. to 5 p.m. There will be limited traffic due to limited number of clients using the site.

Four (4) submissions received.

  • SJMC-R-2020-10-26/535
    Moved ByCouncillor Stapleton
    Seconded ByCouncillor Hanlon

    That the Discretionary Use Application submitted to occupy a portion of the building at 350 Torbay Road as Warehouse Use be approved subject to meeting applicable requirements.



    MOTION CARRIED (11 to 0)

A Discretionary Use Application has been submitted by Coady Construction & Excavating Limited requesting permissions to develop a Mineral Workings Quarry for 40 hectares of land off the Trans-Canada Highway (1.9km East of Foxtrap Access Road/TCH Interchange on North side of TCH).

The proposed quarry will be used for the production and removal of aggregate material for construction purposes.

No submissions received.

  • SJMC-R-2020-10-26/536
    Moved ByDeputy Mayor O'Leary
    Seconded ByCouncillor Hanlon

    That the Discretionary Use Application submitted by Coady Construction & Excavating Limited requesting permissions to develop a Mineral Workings Quarry for 40 hectares of land off the Trans-Canada Highway (1.9km East of Foxtrap Access Road/TCH Interchange on North side of TCH) be deferred until the next regular meeting pending consultation with adjacent municipalities. 



    MOTION CARRIED (10 to 1)
  • SJMC-R-2020-10-26/537
    Moved ByCouncillor Burton
    Seconded ByCouncillor Collins

    That Council approve the proposed driveway access through the floodplain buffer at 139 Petty Harbour Road in accordance with Section 11.2.4(2) of the St. John’s Development Regulations.



    MOTION CARRIED (11 to 0)

Ratification of E-Poll

  • SJMC-R-2020-10-26/538
    Moved ByCouncillor Burton
    Seconded ByCouncillor Hickman

    That Council ratify an e-poll approving parking relief for 4 parking spaces to accommodate the Office Use for Sharing Our Cultures Inc. at 390 Elizabeth Avenue.



    MOTION CARRIED (11 to 0)
  • SJMC-R-2020-10-26/539
    Moved ByCouncillor Burton
    Seconded ByDeputy Mayor O'Leary

    That Council review the report and its recommendations and consider which ones they want to prioritize to improve youth engagement.



    MOTION CARRIED (11 to 0)
  • SJMC-R-2020-10-26/540
    Moved ByCouncillor Burton
    Seconded ByCouncillor Collins

    That Council approve the proposed development on 139 Petty Harbour Road.



    MOTION CARRIED (11 to 0)
  • SJMC-R-2020-10-26/541
    Moved ByCouncillor Korab
    Seconded ByDeputy Mayor O'Leary

    That Council approve the Community Services Grants Policy and rescind the related policies (04-04-01, 04-09-02, and 09-05-01).



    MOTION CARRIED (11 to 0)
  • SJMC-R-2020-10-26/542
    Moved ByCouncillor Stapleton
    Seconded ByCouncillor Hanlon

    That Council approve the appointment of five (5) new members to the Inclusion Advisory Committee:

    • Alyse Stuart: to provide an in-depth knowledge of women’s issues, perspectives and the barriers that limit meaningful participation in the community.
    • Heidi Edgar: to provide an in-depth knowledge and experience of mental health/illness issues and the barriers that limit meaningful participation in the community.
    • Jayne Simmons: to provide an in-depth knowledge, understanding and expertise of physical and neurological disabilities and the barriers faced by individuals living with these disabilities that limit meaningful participation in the community.
    • Dr. Sulaimon Giwa: to provide an in-depth knowledge, understanding and lived experience of racism as well as expertise in building a culture of anti-racism that fosters inclusion and meaningful participation in the community.
    • TJ Jones: to provide an in-depth knowledge, understanding and experience of LGBTQ2S issues, perspectives and the barriers that limit meaningful participation in the community.



    MOTION CARRIED (11 to 0)
  • SJMC-R-2020-10-26/543
    Moved ByCouncillor Hanlon
    Seconded ByCouncillor Skinner

    That Council replace the existing decorative globe HPS fixtures with new LED fixtures that meet the aesthetic requirements developed by the Downtown Decorative Street Lighting Working Group in partnership with Downtown St. John’s once funding for the project becomes available.



    MOTION CARRIED (11 to 0)
  • SJMC-R-2020-10-26/544
    Moved ByCouncillor Burton
    Seconded ByCouncillor Lane

    That Council approve the twenty-two (22) 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 (11 to 0)
  • SJMC-R-2020-10-26/545
    Moved ByCouncillor Burton
    Seconded ByCouncillor Skinner

    That Council approve the proposed heritage designation of 50 Bonaventure Avenue and direct the Legal Department to undertake a Designation By-law for Council’s consideration.

    Further, subject to an application being made and approval of heritage designation, that Council advertise the Discretionary Use of a Heritage Use (Eating Establishment/café) at 50 Bonaventure Avenue.



    MOTION CARRIED (11 to 0)
  • SJMC-R-2020-10-26/546
    Moved ByCouncillor Burton
    Seconded ByCouncillor Lane

    That Council approve the following:

    1. an additional term of membership for Rachael Fitkowski (category of landscape architect) and Dawn Boutilier (category of other)

    2. appointment of the following members to the BHEP

    • John Hancock, architecture category
    • Katherine Deborah Hann, historian/archival expert/historic preservationist category
    • Mitchell O’Reilly, contractor category
    • Michelle Sullivan – other category (background with Brigus Historical Society)
    • Nick Lynch, other category (MUN Geography professor)

    3. a change to the Terms of Reference to replace Historian/Archival Expert category to Historian/Archival Expert/Historic Preservationist category

    4. Letters of appreciation to departing members signed by the Mayor.



    MOTION CARRIED (11 to 0)
  • SJMC-R-2020-10-26/547
    Moved ByCouncillor Hickman
    Seconded ByCouncillor Stapleton

    That the weekly payment vouchers for the week ending October 21, 2020 in the amount of $ 2,379,829.36 be approved.



    MOTION CARRIED (10 to 0)

During discussion, Council acknowledged that excessive vehicle noise is not related only to modifications on vehicles as, often, at-market vehicles are equipped with components that result in excessive noise. While limited  resources for enforcement at both the municipal and provincial levels is limited, and where enforcement is financially imprudent, consideration ought to be given to limiting street access to such vehicles. 

  • SJMC-R-2020-10-26/548
    Moved ByDeputy Mayor O'Leary
    Seconded ByCouncillor Burton

    WHEREAS scientific evidence suggests that excessive noise affects hearing long term and negatively impacts a person’s health and well-being – especially those who have issues with sensory inputs; and

    WHEREAS it has been shown that excessive noise from the exhaust systems on vehicles (cars, trucks, motor cycles, ATVs and dirt bikes) can be a source of distraction for road users and a significant disruption to the peace and tranquility of residents in their homes, businesses, cafes, and parks and recreational spaces; and

    WHEREAS communities throughout the Province of Newfoundland and Labrador are experiencing problems of excessively loud vehicle noise; and

    WHEREAS the issue of excessive noise from vehicles with modified exhaust systems has been part of public discourse since at least 2012; and

    WHEREAS a coalition of concerned neighbourhood groups and citizens of known as Pipe Down NL was formed to appeal to the provincial government to change/apply the legislation on noise pollution caused by after market installation of exhaust pipes on cars, trucks and motorcycles; and

    WHEREAS this matter is governed under the jurisdiction of the Province’s Highway Traffic Act; and

    WHEREAS regulations, tools and technology are readily available to aid in enforcement of the Highway Traffic Act; and

    WHEREAS other jurisdictions in Canada have made amendments to regulations and legislation to deal with noise from exhaust systems and that they have sound level meters to measure noise generated from vehicles for the purposes of ticketing and fines.


    BE IT SO RESOLVED THAT The City of St. John’s continue to lobby the Provincial Government of NL to request that the Highway Traffic Act and/or associated regulations be enforced to ensure prohibition of modifications to exhaust systems that increase noise and to enforcement with fines and ticketing. Further, that the City of St. John’s continue to lobby the Provincial Government of NL to ensure adequate resources (technology and staffing) are funded to allow enforcement agencies to effectively apply the legislation and regulations prohibiting excessively loud vehicles.

     



    MOTION CARRIED (10 to 0)
  • SJMC-R-2020-10-26/549
    Moved ByCouncillor Burton
    Seconded ByCouncillor Froude

    That Council adopt-in-principle the resolutions for St. John’s Municipal Plan Amendment 156, 2020 and St. John’s Development Regulations Amendment 712, 2020, regarding land at 138 Ladysmith Drive.



    MOTION CARRIED (10 to 0)
  • SJMC-R-2020-10-26/550
    Moved ByCouncillor Burton
    Seconded ByCouncillor Collins

    That Council adopt-in-principle the resolutions for St. John’s Municipal Plan Amendment 155, 2020 and St. John’s Development Regulations Amendment 711, 2020, regarding land at 42-52 Diamond Marsh Drive.



    MOTION CARRIED (10 to 0)
  • SJMC-R-2020-10-26/551
    Moved ByCouncillor Collins
    Seconded ByCouncillor Hickman

    That Council approve the sale of City land at the rear of 21 Myrick Place, as shown in red on the diagram below.



    MOTION CARRIED (10 to 0)
  • SJMC-R-2020-10-26/552
    Moved ByCouncillor Hanlon
    Seconded ByCouncillor Burton

    That Council approve the requested road closures for The Surrealtor film shoot.



    MOTION CARRIED (10 to 0)

Councillor Hanlon requested that reconsideration be given to free parking for veterans at parking meters and at city buildings.   

There being no further business, the meeting adjourned at 5:04 pm

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