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1996-05-06_Minutes 85-823 COMMON COUNCIL MAY 6,1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of May, AD. 1996, at 7:00 o'clock p.m. present Derek Chase, Deputy Mayor Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. D. Wilson, Acting City Manager; J. Nugent, Acting City Solicitor; G. Yeomans, Acting Deputy Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; G. Tait, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Deputy Mayor Chase called the meeting to order, and Pastor Lawrence Morin of the Lighthouse of Faith offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that minutes of the meeting of Common Council, held on April 29, 1996, be approved. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment & (b) Re-ZoninQ 430 Prince Street The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property located at 430 Prince Street (NBGIC Numbers 55113427 and 55113435), lying between Prince Street and the Saint John Throughway and having an area of approximately 1.75 hectares (4.3 acres), from Major Institutional and Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same property from "IL-2" Major Institutional and "R-1 B" One-Family Residential to "B-2" General Business classification, to permit the conversion of the former Red Cross Lodge building on the property to a combination of apartments and inn accommodations, together with dining and reception facilities for residents and guests, as requested by Richard & Co. Architecture Inc., and no written objections were received in this regard. 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter in support of the above proposal considered at the Committee's April 30 meeting; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Major Institutional and Low Density Residential to District Centre Commercial classification, a property located at 430 Prince Street (NBGIC Numbers 55113427 and 55113435), lying between Prince Street and the Saint John Throughway and having an area of 1.75 hectares (4.3 acres); and (2) re-zone the same property from "IL-2" Major Institutional and "R-1 B" One-Family Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, setting out the following conditions: (a) the use of the subject property is limited to 85-824 COMMON COUNCIL MAY 6,1996 residential use, inn accommodations and dining/reception facilities, all within the existing building located adjacent to Prince Street; (b) on-site parking facilities must be paved with asphalt; (c) the site must be developed and maintained in accordance with a landscaping plan to be prepared by the proponent and subject to the approval of the Development Officer; and (d) all site improvements, including those shown on the landscaping plan, must be completed within one year of approval of the building permit for the development. Mr. Michael Richard of Richard & Co. Architecture Inc. was present in support of the above application, and offered to respond to questions on the proposal. On motion of Councillor Knibb Seconded by Councillor Trites 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 property located at 430 Prince Street (NBGIC Numbers 55113427 and 55113435), lying between Prince Street and the Saint John Throughway and having an area of approximately 1.75 hectares (4.3 acres), from Major Institutional and Low Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Trites 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 property located at 430 Prince Street (NBGIC Numbers 55113427 and 55113435), lying between Prince Street and the Saint John Throughway and having an area of approximately 1.75 hectares (4.3 acres), from Major Institutional and Low Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property located at 430 Prince Street (NBGIC Numbers 55113427 and 55113435), lying between Prince Street and the Saint John Throughway and having an area of approximately 1.75 hectares (4.3 acres), from "IL-2" Major Institutional and "R-1 B" One- Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property 85-825 COMMON COUNCIL MAY 6,1996 located at 430 Prince Street (NBGIC Numbers 55113427 and 55113435), lying between Prince Street and the Saint John Throughway and having an area of approximately 1.75 hectares (4.3 acres), from "IL-2" Major Institutional and "R-1 B" One- Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-Law Amendment To Re-Zone 101 & 220 Ashburn Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a portion of two parcels of land at 101 Ashburn Road (NBGIC Number 49486) and 220 Ashburn Road (NBGIC Number 51698), from "RF" Rural to "1-2" Heavy Industrial classification, to place the two parcels of land in a zone classification which reflects the present uses, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's April 30 meeting; and recommending that Common Council re-zone two parcels of land, known as 101 Ashburn Road and 220 Ashburn Road, being portions of NBGIC Numbers 49486 and 51698, respectively, from "RF" Rural to "1-2" Heavy Industrial classification. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a two parcels of land known as 101 Ashburn Road and 220 Ashburn Road, being portions of NBGIC Numbers 49486 and 51698, respectively, from "RF" Rural to "1-2" Heavy Industrial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a two parcels of land known as 101 Ashburn Road and 220 Ashburn Road, being portions of NBGIC Numbers 49486 and 51698, respectively, from "RF" Rural to "1-2" Heavy Industrial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City 85-826 COMMON COUNCIL MAY 6,1996 of Saint John. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 5. Municipal Plan Amendment 459 And 460 Ashburn Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property at 459 and 460 Ashburn Road (NBGIC Number 52720), located on both sides of Ashburn Road and containing an area of approximately 9 acres, from Low Density Residential to Light Industrial classification, to permit the re-zoning of the property to an "1-1" Light Industrial zone and subsequent construction of an automotive service and repair garage on the portion of the property lying between Ashburn Road and the Saint John Throughway, as requested by Alpine Motors. 6. Deputv Mavor's Remarks Deputy Mayor Chase proclaimed May 12 to 18 to be Census Week, and May 12 to be Canadian Health Day in the City of Saint John. There were comments on the May 6 to 10 Clean-Up Week in the City, as well as on the musical tribute to mothers to be held on Mothers Day, May 12 at the Imperial Theatre, the Annual Board of Trade dinner on May 9, and the 20th Annual Association of Municipal Administrators of New Brunswick Conference being held in the City from May 7 to 10; and a welcome was extended to visiting fire investigators to the City for attendance at the New Brunswick Fire and Arson Investigators School. 7. Re Saint John Naval Veterans Association FundinQ For HMCS Saint John Project Consideration was given to a letter from Councillor Fitzpatrick regarding a project being undertaken by the Saint John Naval Veterans Association (Main Brace) to refurbish the Ray Butler painting of the HMCS Saint John which adorns the side of the Association's building at 507 Main Street at a cost of $6,600; and recommending that the City of Saint John donate $300 towards this project, which would clear the deficit of the total cost of this project. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the City of Saint John donate $300 to the Saint John Naval Veterans Association (Main Brace) towards the refurbishing of the mural of the HMCS Saint John which adorns the side of the Association's building at 507 Main Street. Question being taken, the motion was carried. 8. Reconstruction Plans - McAllister Drive On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the Acting City Manager advising of the reconstruction plans for McAllister Drive in response to a request at Council's April 22 meeting -- be received and filed. Staff was asked to arrange a teach-in to provide Council with a long-term view of Municipal Operations' capital program and to provide an opportunity for Council 85-827 COMMON COUNCIL MAY 6,1996 input. Question being taken, the motion was carried. 9. Tender For Contract 96-1 Curb & Sidewalk Construction On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the Acting City Manager, contract 96-1, curb and sidewalk construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $1,709,298.70, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 10. Closure And Sale Of Portion Of Lake Road Consideration was given to a report from the Acting City Manager referring to Council's authorization in Committee of the Whole on June 26, 1995 for staff to investigate the implications of a request from Mrs. J. G. Riley for the City to close and sell a portion of the undeveloped Lake Road; submitting a copy of the City Manager's report considered at that time, and recommending that Council authorize: (1) the advertisement of its intention to close the undeveloped portion of Lake Road, as outlined on the submitted map, and (2) staff to start negotiations with adjoining property owners for the sale of the five parcels identified on the map. On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that Council authorize the advertisement of its intention to consider the closing of the undeveloped portion of Lake Road, as outlined on the submitted map: AND FURTHER that staff be authorized to start negotiations with adjoining property owners for the sale of the five parcels identified on the map should the portion of the street in question be closed, it being understood that such negotiations neither implicitly nor explicitly oblige the City to complete the street closing. Mr. MacKinnon explained that the procedure for the street closing, including a public hearing, would be completed with Council's decision made prior to the second part of the above recommendation coming into effect. Question being taken, the motion was carried. 11. Sale Of Former Lake Drive On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the report from the Acting City Manager referring to Council's authorization in Committee of the Whole on June 26, 1995 for staff to solicit comments from property owners with respect to Mrs. C. L. Stanton's request to purchase a portion of the former Lake Drive as outlined on the submitted map; submitting a copy of the City Manager's report considered at that time; and recommending that Common Council authorize staff to start negotiations for the sale of the former Lake Drive to the owners of adjoining properties, with a further report to be presented to Council -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 85-828 COMMON COUNCIL MAY 6,1996 12. HIP Applications 1 To 9 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the Acting City Manager, Common Council approve the Housing Incentive Program applications and the Mayor and Common Clerk be authorized to execute the HIP agreements as follows:- (1) Nancy Doucette for an estimated grant of $19,200 for 45- 49 Rock Street; (2) N.J.P. Developments Inc. for an estimated grant of $28,800 for 370 Boars Head Road; (3) Manford Thompson Construction Company Ltd. for an estimated grant of $42,480 for Alderwood Street in the Meadowland Subdivision; (4) Manford Thompson Construction Company Ltd. for an estimated grant of $44,800 for Meadow Wood Gardens in the Meadowland Subdivision; (5) Villa Ridge Construction Ltd. for an estimated grant of $26,400 for 11-21 Derrick Court; (6) Can Mar Financial Services Inc. for an estimated grant of $11,000 for 285 Boars Head Road; (7) Rehabitat Inc. for an estimated grant of $9,600 for 43 St. Paul Street; (8) Blanchard Homes Ltd. for an estimated grant of $430,000 for Rivershore Drive at Cedar Point Estates; and (9) M. Wayne Moore Building Contractor Inc. for an estimated grant of $89,600 for Caitlin Court / Wayne Terrace. (Councillor Arthurs withdrew from the meeting due to a possible conflict of interest.) Question being taken, the motion was carried. (Councillor Arthurs re-entered the meeting.) 13. Saint John Industrial Parks Ltd. Transfer Of OperatinQ BudQet Consideration was given to a letter from Councillor Peter Trites, President of Saint John Industrial Parks Ltd., advising that a recent change in administration has afforded the Company the opportunity to do more than just sell industrial park land and, as a concern of the City's property managers, the Company has become much more active in aggressively seeking developers and industrial parks are now handled as working assets in their own right, and also that, as the selling in 1995 of five industrial park properties surpasses the cumulative total for the past five years, this new activity has led to the need for the Company to have control over the funds allocated for industrial parks purposes, an operating budget of $25,000 of which $4,000 has been expended or encumbered as of March 31 currently forming part of the Real Estate and Facility Management Division's budget; explaining why the City's Commissioner of Finance Daryl Wilson suggested to the Company that it should take control over the funds allotted for industrial park purposes; and requesting Common Council to authorize the transfer or granting of remaining funds, currently set aside for industrial park development (approximately $21,000) from the City's Real Estate and Facility Management Division's operating budget to Saint John Industrial Parks Ltd. to be used for the same purpose. On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that Common Council authorize the transfer of or granting of remaining funds currently set aside for industrial park development (approximately $21,000) from the City's Real Estate and Facility Management Division's operating budget to Saint John Industrial Parks Ltd. to be used for the same purpose. Question being taken, the motion was carried. 14. Planning Advisory Committee ZoninQ Bv-Law Text Amendment 85-829 COMMON COUNCIL MAY 6,1996 Read a report from the Planning Advisory Committee submitting a copy of a staff report with regard to a request for a variance to permit a fence to be used for a garden centre at 120 McDonald Street (Wal-Mart) to have a maximum height of 8 feet as Wal-Mart proposes to expand its garden centre fence lines in order to protect its screen house and merchandise from theft; advising that the Committee granted the variance and, as the present regulations prohibit the height of a fence in a residential, commercial, institutional and park zone to exceed 6.56 feet, it is staff's opinion that it seems reasonable to permit a fence measuring 8 feet in height for a non-residential property to be used for protection against theft of goods and materials, while in residential zones the height of fences would remain at 2.0 metres (6.56 feet); and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council consider amending the Zoning By-Law by: (a) deleting Sections 830(3)(a)(ii) and (iii), and replacing them with the following: "(ii) 2.0 metres, if located in an "R" zone; or (iii) 2.5 metres, if located in a zone other than an "R" zone."; and (b) deleting Section 830(3)(b), and replacing it with the following: "(b) Other than one in excess of 2 metres and located in a zone other than an "R" zone, not be constructed of barbed wire or have at the top thereof barbed wires, broken glass or other pointed objects.", and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 17, 1996. Question being taken, the motion was carried. 15. The United Empire Loyalists' Association New Brunswick Branch Re Mav 18 Celebration On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the New Brunswick Branch of The United Empire Loyalists' Association, asking Council to join in the celebrations of May 18 to mark the landing of the Loyalists in 1783 and the founding of the City by Royal Charter in 1785 -- be received and filed and staff be requested to submit to Council at its next meeting a calendar of events for the City's celebration of May 18. Question being taken, the motion was carried. 16. Heather McBriarty Re Ocean View Lane On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Heather McBriarty submitting a copy of a letter sent to the Department of Engineering requesting a streetlight at the end of Ocean View Lane to which she has not received any reply; and asking for Council's assistance in rectifying this situation, as well as the issue of the turnaround at the end of Ocean View Lane -- be received and filed and Heather McBriarty be advised that the City will grade the turnabout but will not provide the street lighting requested. The initial motion proposed by Councillor Knibb and seconded by Councillor Vincent was to refer the above letter to the City Manager, such motion withdrawn and the above motion proposed following Mr. Robichaud's verbal report on his visit to the above site earlier this date, to the effect that it would be staff's intent to arrange to have the end of the street graded; however, staff recommends against installing a new street light as there is no safety issue involved in this case and the result of placing another street light on Ocean View Lane, on which there are only two houses and which is only 300 feet long, would be to provide security lighting for the 85-830 COMMON COUNCIL MAY 6,1996 property, and staff basically does not recommend installing a street light unless there is a safety issue. Question being taken, the motion was carried. Adjournment On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk