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1992-11-16_Minutes 83-836 COMMON COUNCIL NOVEMBER 16, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of November, 1992, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; J. Baird, Manager - Development Division; R. McDevitt, Fire Chief; A. Bodechon, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor offered the opening prayer. The Mayor called for a motion to withdraw from the agenda the item concerning the Greater Saint John Economic Development Commission. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the City Manager's report, concerning the implementation and establishment of the Greater Saint John Economic Development Commission, be withdrawn from the agenda of this meeting. The Mayor explained that, although a news conference had been arranged for earlier this date regarding the above matter, there were some scheduling problems which must be resolved, and it is anticipated at this time that a news conference will be held on December 8. (Councillor M. Vincent entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that minutes of the meetings of Common Council, held on Thursday, November 5 and Monday, November 9, 1992, be approved. Question being taken, the motion was carried. The Mayor advised that arrangements will be made to forward a cable on behalf of Common Council extending best wishes to Mr. Louis Murphy, Saint John Harbour MLA, who is in hospital in France after suffering a stroke on Saturday, November 14. Deputy Mayor McAlary noted the forthcoming Santa Claus Parade on November 21; and advised that, at the Annual Business Improvement Areas Meeting in Fredericton the past weekend, Uptown Saint John Inc. won the First Annual Downtown Achievement Award for its efforts in revitalizing the uptown area and creating a better place to live. Read a report from the City Manager referring to the application of Irving Paper Limited for a Municipal Plan amendment for property at 800 Bayside Drive and Midwood Avenue, which is on the agenda of this meeting for further consideration following the October 13 public presentation; and advising that, if a public hearing was 83-837 COMMON COUNCIL NOVEMBER 16, 1992 set for the next available meeting, it would be December 21; however, although initial meetings have been held with the Provincial Department of the Environment and the applicant submitted its environmental information to the Province last week, an initial review of the material by the Province will be required to ensure that it is complete and it will not be possible to have final environmental comments until the new year. The report explains that, while it is the policy to facilitate development, it is also necessary that the information is available to properly assess the application and, in this case, the environmental review and the municipal review need to occur concurrently; also advises that the applicant has no objections to the timing; and recommends that a public hearing date not be set at this time but be tabled until the environmental information is reviewed. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, a public hearing date not be set at this time for the application of Irving Paper Limited for a Municipal Plan amendment and re-zoning of property at Midwood Avenue and Bayside Drive, but the application be tabled until the environmental information is reviewed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. OranQe Street - LiQhtinQ The Power Commission of the City of Saint John Original estimated value of work Total work done, Estimate Number 1 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 1, dated November 4, 1992 $66,200.00 65,063.35 Nil Nil 65,063.35 Nil $65,063.35 Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, further to the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the City's submitted application concerning property at 2 Pokiok Road have been completed and the required waiting period for objections expired on November 12 with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of the City of Saint John for a Municipal Plan amendment and re-zoning of 2 Pokiok Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on January 4, 1993. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, further to the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Irving Paper Limited concerning property at Midwood Avenue and Bayside Drive have been completed and the required waiting period for objections expired on November 12 with a written objection having 83-838 COMMON COUNCIL NOVEMBER 16, 1992 been received from Louis and Frances Sharkey; and concluding that Council, if it so wishes, may now authorize the necessary advertising for the proposed Municipal Plan amendment and re-zoning and the eventual public hearing, and request the views of the Planning Advisory Committee. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Irving Paper Limited for a Municipal Plan amendment and re-zoning of property on Midwood Avenue and Bayside Drive be laid on the table, in view of the City Manager's report to Council at this meeting. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land at 555 Crown Street (NBGIC Number 2139), with an area of approximately 50,000 square feet, from Medium Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By-Law Number C.P. 100-295 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 555 Crown Street (NBGIC Number 2139), with an area of approximately 50,000 square feet, from "T" Transportation to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the said re-zoning be subject to the following conditions pursuant to Section 39 of the Community Planning Act requiring that: (a) the use of the property shall be limited to: (i) office, warehouse and showroom facilities; and (ii) outdoor storage of material related to the use of the building in a compound enclosed by a solid fence and not exceeding approximately 150 square metres (1,600 square feet) in area; and (b) materials stored in the outdoor storage area shall not extend higher than the top of the fence surrounding the compound. The by-law entitled, "By-Law Number C.P. 100-295 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-296 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning (a) the parcel of land at 344 Somerset Street (NBGIC Number 55031652), from "IL-1" Neighbourhood Institutional and "RM-1" Three- Storey Multiple Residential to "US" Utility and Service classification; and (b) the parcel of land fronting on Taylor Avenue identified as NBGIC Number 471656, and an adjacent portion of the parcel of land identified as NBGIC Number 46359, from "RM-1" Three-Storey Multiple Residential to "US" Utility and Service classification, be read a 83-839 COMMON COUNCIL NOVEMBER 16, 1992 third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to conditions requiring that the development of the lands be in accordance with a site plan approved by the Development Officer and indicating: (a) location of building, driveways, parking areas, concrete curbs, walkways and other site features; (b) landscaping of all areas not occupied by the above features; and (c) the method of providing adequate site drainage facilities. The by-law to entitled, "By-Law Number C.P. 100-296 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By- Law Number C-115-2 A By-Law To Amend The City Market By-Law", to permit Sunday opening on November 29, December 6, December 13 and December 20, 1992, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C-115-2 A By-Law To Amend The City Market By-Law", was read in its entirety. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on November 2, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, (1) the proposed development facilitator process as outlined in the submitted report be implemented in 1993; (2) this report be discussed with the development community; and (3) funding for the automation option be addressed within the 1993 budget process. November 16, 1992, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. A motion was proposed by Councillor Knibb and seconded by Councillor Gould to adopt the above recommendation. Mr. Bedford, in highlighting the above process, advised that, as a result of concerns expressed by the Saint John Construction Association, the Development Working Group and the Board of Trade about the development process in the City, staff has been meeting with a committee from the Association and reviewed several questions related to the process and, in fact, are recommending to Council an increased level of service with respect to assisting the processing of development through City Hall; and explained that the thrust of the three submissions was the general topic of one-stop shopping that was considered to be the solution to concerns within City Hall with respect to processing and, in working with the Association, a program, which is more akin to facilitating or pushing development applications through City Hall than to one-stop shopping, is being proposed, involving all persons concerned working more closely together and having a far more rigorous monitoring process. Mr. Bedford also explained that the development facilitator process will involve a strong customer service focus, with one of the major steps being to better inform persons about the process and have them aware of requirements 83-840 COMMON COUNCIL NOVEMBER 16, 1992 available and have them documented so that everybody in the process is fully aware of the requirements and allow for review and revision where necessary. In response to Council queries, Mr. Bedford advised that no staff increase is proposed, and that the estimated expenditure of $50,000 for an automated tracking system is being referred to budget consideration; and, with regard to a concern that the wording of the recommendation is such that the process would be discussed with the development community after Council has approved it, the Mayor suggested that Council could adopt the process in principle, with staff to discuss it with the development community and subsequently report to Council before taking any other action, and asked if the mover and seconder of the proposed motion would agree to a change in wording of (1) in the above recommendation to indicate that the proposed development facilitator process be adopted in principle for 1993, and staff proceed to discuss the process with the development community and report to Council at its next meeting in this regard. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that (1) the proposed development facilitator process as outlined in the City Manager's submitted report from the City Manager be adopted in principle for 1993; (2) this report be discussed with the development community; and (3) funding for the automation option be addressed within the 1993 budget process. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on November 9, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the property in the Loch Lomond watershed on Sands Road, known as NBGIC Numbers 352344 and 55041636, be acquired from Mary H. MacDonald and Daniel M. MacDonald for a price of $10,700. 2. That as recommended by the City Manager, the City give a quit claim deed to Saint John Non-Profit Housing Inc. for the land shown as "10' R/W - City of Saint John" on a subdivision plan entitled Oakland Park Development filed in the Saint John Registry Office as File 43#14. November 16, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. 83-841 COMMON COUNCIL NOVEMBER 16, 1992 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Mr. Raymond J. Gagnon for the re-zoning of 358 Charlotte Street West be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on January 4, 1993. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that the letter from Ruth R. Koven concerning the proposed Smoking By-Law, further to her letter considered on November 9 -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk