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 Sandy Hickman
  • Councillor Debbie Hanlon
  • Councillor Deanne Stapleton
  • 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
  • Cheryl Mullett, City Solicitor
  • Elaine Henley, City Clerk
  • Ken O'Brien, Chief Municipal Planner
  • Shanna Fitzgerald, Legislative Assistant
  • Susan Bonnell, Manager - Communications & Office Services
  • Brian Head, Manager - Parks & Open Spaces

​​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-2020-08-17/390
    Moved ByCouncillor Hanlon
    Seconded ByCouncillor Burton

    That the Agenda be adopted as presented.


    MOTION CARRIED (9 to 0)

4.
ADOPTION OF THE MINUTES
 

4.1
Adoption of Minutes - August 4, 2020
This item has attachments. 

1.Post-Meeting Minutes - RCM_Aug04_2020 - English.pdf
  • SJMC-R-2020-08-17/391
    Moved ByCouncillor Collins
    Seconded ByCouncillor Stapleton

    That the minutes of the Regular meeting held on August 4, 2020 be adopted as presented.


    MOTION CARRIED (9 to 0)

5.
BUSINESS ARISING FROM THE MINUTES
 

5.1
By-Election
 

Mayor Danny Breen announced that the by-election for the vacant Ward 2 Council seat will take place on Tuesday, October 20, 2020.

A by-election is required following the resignation of Ward 2 Councillor Hope Jamieson, who has recently taken a new position with a national housing organization. Under the Municipal Elections Act, a by-election must be held within three months of the vacancy occurring.

The timeline for the upcoming Ward 2 by-election is below:

  • Nominations open Tuesday, September 15
  • Nominations close Tuesday, September 22
  • Election Period begins Friday, October 2
  • Election day Tuesday, October 20

Further information regarding the Ward 2 voter’s list, and the Vote-By-Mail process will be released soon.

6.
NOTICES PUBLISHED
 

6.1
60 O’Leary Avenue - Commercial Industrial (C1) Zone - Ward 4
This item has attachments. 

1.60 O'Leary Avenue - INT2000066.pdf
2.60 O'Leary Avenue - 2 submissions_REDACTED.pdf

A Discretionary Use has been submitted by InShape Fitness Ltd. for a Fitness Facility at 60 O’Leary Avenue.

The proposed Facility will be a 24-hour, card access gym. The business will have a floor area of 431m2 and allow a maximum of 30 persons in the building at a time.

2 submissions received.

Councillor Froude requested that the traffic concerns raised in the submissions be considered by staff.

  • SJMC-R-2020-08-17/392
    Moved ByCouncillor Froude
    Seconded ByCouncillor Korab

    That Council approve the application submitted by InShape Fitness Ltd. for a Fitness Facility at 60 O’Leary Avenue, subject to meeting all applicable regulatory requirements.


    MOTION CARRIED (9 to 0)

6.2
133 Old Bay Bulls Road - Residential Low Density (R1) Zone - Ward 5
This item has attachments. 

1.133 Old Bay Bulls.pdf
2.133 Old Bay Bulls Road - 11 submissions_REDACTED.pdf

A Discretionary Use has been submitted to operate a Home Occupation in a portion of the dwelling at 133 Old Bay Bulls. The proposed business will offer Doggy Daycare services.

The proposal will have a floor area of 44.77m2. The Doggy Daycare will operate Monday – Friday 8 a.m. – 6 p.m. The business will care for a maximum 10-12 dogs. The dogs will be contained to the dwelling, no outdoor space will be provided. The property owner is the sole employee. On-site parking is provided.

11 submissions received.

  • SJMC-R-2020-08-17/393
    Moved ByDeputy Mayor O'Leary
    Seconded ByCouncillor Hickman

    That Council reject the application to open a Doggy Daycare at 133 Old Bay Bulls Road subject to Section 7.8 (J) as the proposed activities associated with the Home Occupation would cause an increase in noise and inconvenience to occupants of nearby residencies.


    MOTION CARRIED (6 to 3)

7.
COMMITTEE REPORTS
 

7.1
Development Committee Report
 

1.
Request for Building Line Setback for Single Detached Dwelling - 10 Carriage Lane - DEV2000090
This item has attachments. 

1.Development Committee - Revised Request for Building Line Setback - 10 Carriage Lane - DEV2000090.pdf
2.Aerial Map.pdf
3.House Location.pdf
  • SJMC-R-2020-08-17/394
    Moved ByCouncillor Burton
    Seconded ByDeputy Mayor O'Leary

    That Council approve a 6.08 metre Building Line Setback at 10 Carriage Lane to accommodate the construction of a Dwelling.


    MOTION CARRIED (9 to 0)

2.
Request for Accessory Building in the Flood Plain Buffer - 9 Valleyview Road - INT2000065
This item has attachments. 

1.Development Committee- Request for Accessory Building in Floodplain Buffer at 9 Valleyview Road- INT2000065.pdf
2.INT2000065.pdf
  • SJMC-R-2020-08-17/395
    Moved ByCouncillor Burton
    Seconded ByCouncillor Hanlon

    That Council approve the proposed Accessory Building at 9 Valleyview Road in accordance with St. John’s Development Regulations Section 11.2.4 (2) and the applicable Accessory Building regulations under Section 8.3.6.


    MOTION CARRIED (9 to 0)

3.
Establish Parking Requirement for proposed Fitness Facility - 60 O’Leary Avenue - DEV20000103
This item has attachments. 

1.Development Committee- Set Parking Requirement at 60 OLeary Avenue- DEV2000103.pdf
2.DEV2000103.pdf
  • SJMC-R-2020-08-17/396
    Moved ByCouncillor Burton
    Seconded ByCouncillor Froude

    That Council set the parking requirement for the proposed Fitness Facility at 30 parking spaces at 60 O’Leary Avenue.


    MOTION CARRIED (9 to 0)

4.
Variance Request for Lot Frontage - 13 Viguer’s Road
This item has attachments. 

1.Development Committee- Request for Variance on Lot Frontage at 13 Vigeurs Road- SUB2000023.pdf
2.SUB2000023.pdf
  • SJMC-R-2020-08-17/397
    Moved ByCouncillor Burton
    Seconded ByCouncillor Collins

    That Council approve a variance of 5% for Lot Frontage for development of a new Lot at 13 Vigeur’s Road.


    MOTION CARRIED (9 to 0)

5.
Establish Building Line Setback - 29 Beaver Brook Drive - INT2000076
This item has attachments. 

1.Development Committee- Establish building line at 29 Beaver Brooke Drive- INT2000076.pdf
2.INT2000076.pdf
  • SJMC-R-2020-08-17/398
    Moved ByCouncillor Burton
    Seconded ByCouncillor Collins

    That Council approve the 6.0 metre Building Line setback for 29 Beaver Brook Drive.


    MOTION CARRIED (9 to 0)

7.2
Committee of the Whole Report - August 5, 2020
This item has attachments. 

1.Post-Meeting Report - CoW_Aug05_2020 - English.pdf

1.
5 and 7 Little Street - MPA2000003
This item has attachments. 

1.5 and 7 Little Street, MPA2000003.pdf
2.5 and 7 Little Street - COTW Attachments.pdf
  • SJMC-R-2020-08-17/399
    Moved ByCouncillor Burton
    Seconded ByCouncillor Froude

    That Council consider amendments to the St. John’s Municipal Plan and Development Regulations to rezone land from the Residential Medium Density (R2) Zone to the Apartment Low Density (A1) Zone at 5 and 7 Little Street, and approve the attached draft Terms of Reference for a Land Use Assessment Report to consider a Personal Care Home at this location.

    Further, upon submission of a satisfactory Land Use Assessment Report, that Council refer the application to a digital Public Meeting chaired by an independent facilitator for public input and feedback.


    MOTION CARRIED (9 to 0)

2.
6 Lambe’s Lane - MPA2000005
This item has attachments. 

1.6 Lambe's Lane, MPA2000005.pdf
2.6 Lambe's Lane - COTW Attachments.pdf

Councillor Burton requested that accessible parking is added to the requirements in the LUAR.

  • SJMC-R-2020-08-17/400
    Moved ByCouncillor Burton
    Seconded ByDeputy Mayor O'Leary

    That Council consider amendments to the St. John’s Municipal Plan and Development Regulations to rezone land from the Institutional (INST) Zone to the Apartment High Density (A3) Zone at 6 Lambe’s Lane to allow a 200-unit student apartment development, and approve the attached draft terms of reference for a Land Use Assessment Report to consider Apartment Buildings at this location.

    Further, upon receiving a satisfactory Land Use Assessment Report, that Council refer the application to a digital Public Meeting chaired by an independent facilitator for public input and feedback.


    MOTION CARRIED (9 to 0)

7.3
Audit and Accountability Standing Committee Report - August 6, 2020
This item has attachments. 

1.Report - Audit and Accountability Standing Committee_Aug06_2020 - English.pdf

1.
2019 Audited Financial Statements
This item has attachments. 

1.2019 Audited Financial Statements.pdf
2.DRAFT City of St John's Consolidated 2019 as of Aug 4 2020.pdf
  • SJMC-R-2020-08-17/401
    Moved ByCouncillor Stapleton
    Seconded ByCouncillor Burton

    That Council approve the 2019 audited financial statements.


    MOTION CARRIED (9 to 0)

2.
Compliance Review of Permit to Operate a Class 4 Water Distribution System
This item has attachments. 

1.Compliance Review of Permit to Operate a Class 4 Water Distribution System.pdf
2.Water Distribution Final Audit Report.pdf
  • SJMC-R-2020-08-17/402
    Moved ByCouncillor Stapleton
    Seconded ByCouncillor Hanlon

    That Council approve the Compliance Review of Permit to Operate a Class 4 Water Distribution System report and the associated action plans put forth by management.


    MOTION CARRIED (9 to 0)

7.4
Special Events Regulatory Committee Report
This item has attachments. 

1.Post-Meeting Report - Special Events Regulatory Committee_Aug05_2020 - English.pdf

1.
On the Road with Shanneyganock and Friends Concert Tour
This item has attachments. 

1.On the Road with Shanneyganock and Friends.pdf
2.E-poll Results - On the Road with Shanneyganock and Friends Concert Tour.pdf

Ratification of E-poll conducted August 6, 2020

  • SJMC-R-2020-08-17/403
    Moved ByCouncillor Korab
    Seconded ByDeputy Mayor O'Leary

    That Council approve the On the Road with Shanneyganock and Friends Concert Tour.


    MOTION CARRIED (9 to 0)

8.
DEVELOPMENT PERMITS LIST  (FOR INFORMATION ONLY) 
 

9.
BUILDING PERMITS LIST
 

9.1
Building Permits List for the Period of July 30 to August 12, 2020
This item has attachments. 

1.Permits List August 17.pdf
  • SJMC-R-2020-08-17/404
    Moved ByCouncillor Stapleton
    Seconded ByCouncillor Hanlon

    That Council approve the Building Permits List for the period of July 30 to August 12, 2020. 


    MOTION CARRIED (9 to 0)

10.
REQUISITIONS, PAYROLLS AND ACCOUNTS
 

10.1
Weekly Payment Vouchers for the Week Ending August 5, 2020
This item has attachments. 

1.Council List Week Ending August 5, 2020.pdf
  • SJMC-R-2020-08-17/405
    Moved ByDeputy Mayor O'Leary
    Seconded ByCouncillor Korab

    That Council approve the Weekly Payment Vouchers for the week ending August 5, 2020 in the amount of $4,848,005.24.


    MOTION CARRIED (9 to 0)

10.2
Weekly Payment Vouchers for the Week Ending August 12, 2020
This item has attachments. 

1.Council List Week Ending August 12, 2020.pdf
  • SJMC-R-2020-08-17/406
    Moved ByCouncillor Collins
    Seconded ByCouncillor Hickman

    That Council approve the Weekly Payment Vouchers for the week ending August 12, 2020 in the amount of $6,756,575.83.


    MOTION CARRIED (9 to 0)

11.
TENDERS/RFPS
 

11.1
2020112 - Supply and Delivery for Lease, 1 new, not previously used, rubber-tired articulating Loader
This item has attachments. 

1.202112 - Lease of one Loader for Snow Dump and Robin Hood Bay.pdf
  • SJMC-R-2020-08-17/407
    Moved ByCouncillor Froude
    Seconded ByCouncillor Burton

    That Council award to the bidder with the highest points, Toromont CAT, for the amount $13,163.23 per month.


    MOTION CARRIED (9 to 0)

11.2
RFP #2020054 – Mobile Wireless Devices and Data Services
This item has attachments. 

1.RFP 2020054 - Mobile Wireless Devices and Data Services.pdf
  • SJMC-R-2020-08-17/408
    Moved ByCouncillor Froude
    Seconded ByCouncillor Korab

    That Council award contract #2020054 for Mobile Wireless Devices and Data Services to Bell Mobility at an approximate cost of $120,000 per year for an estimated cost of $720,000.


    MOTION CARRIED (9 to 0)

12.
NOTICES OF MOTION, RESOLUTIONS QUESTIONS AND PETITIONS
 

13.
OTHER BUSINESS
 

13.1
74 Circular Road - Designated Heritage Building - Exterior Renovations - REN2000328
This item has attachments. 

1.74 Circular Road, Designated Heritage Building, Exterior Renovations REN2000328.pdf
2.74 Circular Road - Attachments.pdf
3.E-poll Results - 74 Circular Road.pdf

Ratification of E-poll conducted August 7, 2020

  • SJMC-R-2020-08-17/409
    Moved ByCouncillor Burton
    Seconded ByDeputy Mayor O'Leary

    That Council approve exterior renovations at 74 Circular Road, a designated Heritage Building, as proposed.


    MOTION CARRIED (9 to 0)

13.2
Section 9 - Off-Street Parking Requirements for Commercial and Mixed-Use Buildings with Five (5) or More Occupancies - Text Amendment
This item has attachments. 

1.Section 9 Off Street Parking Requirements for Buildings with five (5) or more occupancies Text Amendment.pdf
2.Amend 708 2020 Parking Requirement Mixed Use Buildings(llb).pdf
  • SJMC-R-2020-08-17/410
    Moved ByCouncillor Burton
    Seconded ByCouncillor Froude

    That Council adopt St. John’s Development Regulations Amendment Number 708, 2020, which will amend the off-street parking requirement for existing Commercial and Mixed-Use Buildings with five (5) or more occupancies.


    MOTION CARRIED (9 to 0)

13.3
Go-Round
 

Deputy Mayor O'Leary

  • Spencer Street residents have concerns about vulnerable residents, crime and residential issues. Staff are working to address property issues and complaints that have come forward. Deputy Mayor O'Leary requested that Healthy Communities staff review.
  • Backyard fireworks - The Fire Chief will request an update to the 2012 jurisdictional report regarding backyard fireworks.

Councillor Hanlon

  • Ward 2 will be under Councillor Hanlon's responsibility until the by-election on October 20, 2020.

14.
ADJOURNMENT
 

There being no further business, the meeting adjourned at 4:06 pm.

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