1998-02-02_Minutes
86-826
COMMON COUNCIL
FEBRUARY 2, 1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the second day of February, AD. 1998, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites, Vincent and Waldschutz
- and -
Messrs. T. Totten, City Manager; P. Woods, Deputy City
Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of
Finance and Commissioner of Corporate Services; J. C.
MacKinnon, Commissioner of Environment and Development
Services; P. Groody, Commissioner of Municipal Operations; W.
Butler, Commissioner of Community Services; J. Baird, Manager
of Community Planning; W. Edwards, Building Inspector; C.
Campbell, Planner; C. Cogswell, Acting Chief of Police; Mrs. M.
Munford, Common Clerk; and Ms. C. Mosher, Assistant Common
Clerk.
1. MeetinQ Called To Order - OpeninQ Prayer
Mayor McAlary called the meeting to order, and Captain David W.
Parsons, Church Army - Saint John Seafarers' Mission, offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that minutes of the
meeting of Common Council, held on January 26, 1998, be approved.
Question being taken, the motion was carried.
3(a) Municipal Plan Amendment
Re Parts Two And Nine
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Municipal Plan amendment to (a) delete the
existing Part Two - Land Use, and Part Nine - Implementation; and (b) adopt a new Part
Two - Land Use, and Part Nine - Implementation, to incorporate the over 240 previous
amendments to the Plan, portions of various studies and strategies, as well as changes
to land use patterns which have occurred since 1973 when the current Plan was
adopted, as requested by the City of Saint John, and no written objections were
received in this regard.
3{b)
Consideration was given to a report from the Planning Advisory
Committee advising that, having received the submitted Planning staff report and the
drafts of the proposed amendments of the Plan at its January 13 meeting and having
held a special meeting on January 20, the Committee then considered the amendment
at its regular public meeting on January 27 and agreed to recommend that Parts Two
and Nine of the Municipal Plan be replaced with the updated chapters; also advising
that, while the Committee recommends adoption of the proposed update, it had a
specific concern with the requirement for market studies (set out in sub-section 2.4.6.4),
and recommended that this be reviewed in the coming year and a report prepared by
staff regarding appropriate impact reports for major commercial proposals; and
recommending that Common Council adopt the proposed amendment to replace Parts
Two and Nine of the Municipal Plan with the updated chapters.
86-827
COMMON COUNCIL
FEBRUARY 2, 1998
Robert James of 4 River Cove Lane appeared in opposition to the
proposed Municipal Plan amendment, not on the way the Municipal Plan was written
but in objection to the Plan not being followed; expressed the understanding that the
Plan included services and described the necessity of an objective and orderly
sequence to provide adequate and essential services, as well as his view that surely
would mean giving potable water to an area which has none, being the Ragged Point
area. Mr. James apprised Council of his discussions and meetings with the City and
the Province in attempting to obtain water services and assistance with funding for
same; and asked that, as it seemed that Red Head citizens have received an advisory
and a priority that they will be getting City water in two to five years and the majority of
Red Head citizens do not want City water, Council remove the priority and give it to
residents of Ragged Point who have no water.
Barbara Munroe of 469 Ragged Point Road, appearing in opposition to
the proposed amendment, referenced the Mayor's comment about the contractor and
people who bought property in a subdivision in the Ragged Point area not wanting City
water, pointed out that residents of Ragged Point area being represented at this
meeting did not reside in that subdivision and, with regard to the cost, there was
another area in the City that was done at more cost per house. Mrs. Munroe clarified
that her objection to the Plan was that, even though Ragged Point was in Zone 1 of the
Plan, she has been told by City staff that residents there will never get the service.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-Law", by (a) deleting the existing Part Two -
Land Use and Part Nine - Implementation, and (b) adopting a new Part Two - Land Use
and Part Nine - Implementation, 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 Waldschutz
RESOLVED that the by-law entitled,
"A Law To Amend The Municipal Plan By-Law", by (a) deleting the existing Part Two -
Land Use and Part Nine - Implementation, and (b) adopting a new Part Two - Land Use
and Part Nine - Implementation, be read a second time.
Mr. Totten addressed the issue of extending water service to the end of
Ragged Point Road area in terms of the cost and significant commitment for the City of
Saint John, and the attempt to bring the Province and the Ragged Point Community
Association into play to try to get the Province to do some cost sharing; and advised
that he did indicate that he did not see the City, in the foreseeable future, extending the
service by itself without the other players. Mr. Baird confirmed that it has always been
the City's long-term intention, since the early 1970s, to extend services to the Ragged
Point area; and advised that there was a distinction made between residents of the
Ladds Batten subdivision in the area who, because of the relatively large lot size, may
be able to continue to be serviced by on-site services, and residents of the Ragged
Point area for whom, as they live on relatively small lots and clearly in a more difficult
situation, the long-term solution would be the extension of services.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
86-828
COMMON COUNCIL
FEBRUARY 2, 1998
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
4(a) Zoning By-Law Amendment To
Re-Zone 945 Old Black River Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land with a frontage of
approximately 35 metres and an area of approximately 3100 square metres, located at
945 Old Black River Road (NBGIC Number 55093330 and part of NBGIC Number
340042), from "RS-2M" One- and Two-Family and Mobile Home Suburban Residential
to "1-1" Light Industrial classification, to permit the continuing operation of a welding
business and welding school within an existing building on the site, as requested by
Eastside Welding Ltd., 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 and two letters submitted to the
Committee at its January 27 meeting by John Henderson on behalf of the applicant
who addressed the Committee in favour of the proposal, and Mrs. Lee McNeill, a
resident of Cottage Road and sister of the owner of Eastside Welding Ltd., and Frank
Osmon, a Local 3 Union representative, also addressed the Committee in support of
the proposal; and recommending that Common Council re-zone a parcel of land with a
frontage of approximately 35 metres on Old Black River Road and an area of
approximately 3100 square metres, located at 945 Old Black River Road, also identified
as NBGIC Number 55093330 and part of NBGIC Number 340042, from "RS-2M" One-
and Two-Family and Mobile Home Suburban Residential to "1-1" Light Industrial
classification, subject to a resolution pursuant to Section 39 of the Community Planning
Act setting out the following conditions: (a) the use of the site is restricted to a welding
school with a maximum limit of 20 students on site at anyone time; (b) no commercial
welding, including welding repairs of equipment or manufacturing of equipment, is
permitted; (c) the property must be developed and maintained in accordance with a
detailed site plan, to be prepared by the proponent and subject to the approval of the
Development Officer, indicating the building, parking area, driveway, buffer and
landscaped areas; (d) the applicant must construct and maintain a landscaped buffer
between the building and neighbouring residential properties as required by the
Development Officer and illustrated on the site plan mentioned in condition (c); (e) no
outside activity is permitted in conjunction with the welding school, other than staff and
student parking; (f) no additional buildings and no expansion of the existing building is
permitted; and (g) the hours of operation of the welding school are restricted to 7 a.m.
to 10 p.m., Monday to Friday.
Leanne Dow Campbell of 601 Old Black River Road, speaking in
opposition to the proposed re-zoning, pointed out space available in the area, other
than in the residential area concerned, for an industrial building to be located; and
advised of action taken by Mr. Berryman of Eastside Welding Ltd., after he had signed
a letter to the City in April 1992 saying that he would not operate a commercial or
industrial business out of the location in question, in having Civic Hydro install three-
phased power for a repair garage and in obtaining a permit to operate his welding
school, and also his operation of S & B Welding and Berryman Enterprises out of the
location in question. Mrs. Campbell expressed the view that another industrial zone
was not needed in the little bit of green space on the East Side; and circulated
photographs to indicate the density of homes in the area and to illustrate that residents
of Old Black River Road were continuing to upgrade and renovate their homes in an
area that at one time was not a nice area. Mrs. Dow Campbell asked how, if Mr.
Berryman were allowed to operate as proposed, Council could refuse another request
of this nature, thus there would be another industrial zone on the East Side while there
was lots of empty space available in industrial parks; and also asked what guarantees
Council would have from the applicant, if the proposal were approved, that he would
86-829
COMMON COUNCIL
FEBRUARY 2, 1998
abide by the rules because he has broken all of rules set out by the City of Saint John
to date. Mrs. Dow Campbell noted the importance to residents of living in a safe area;
and suggested that, as the property conversion took place in contravention of City By-
Laws and if Council in being asked to be party to the illegal activity approved the re-
zoning, this would be an open invitation for people to start a business on their
properties and then come to the City after being in operation for a couple of years.
Ray DeBow, representing the United Association of Mew Brunswick Pipe
Fitters in opposition to the proposed re-zoning, explained that he was present to set the
record straight in that a January 28 newspaper article indicated that in November 1997
the applicant was on the verge of another big contract - training welders for the new
Sable Island pipeline contract; however, the pipeline project, in November, was not
signed; and advised of a meeting last week with officials of Advanced Education and
Labour to talk about skill shortages for that project and of a meeting in Halifax tomorrow
with contractors and people who will be doing the project in an attempt to convince
them that some New Brunswick people should be put on that line, with all the training
for that project to be done in-house and, possibly, at no cost to the taxpayers.
Walter Peterson of 230 Cottage Road and owner of 260 Cottage Road
spoke in opposition to the proposed re-zoning, his opinion being that the City of Saint
John had no feelings for the residents and put business first, no matter how it got there,
and residents second, and that he could understand why people move outside the City,
having moved into Cottage Road which was a residential area and subsequently having
a welding shop located down the road with no approval from the City. Mr. Peterson
asked if the letter signed by the applicant in 1992, as referenced above, would be
similar to a Section 39 condition; and questioned the Fire Department's lack of input to
the Planning staff report in that welding was being done on the site and a fire could
break out or there could be toxic materials, as well as the input from the Department of
Health and Community Services as there could be a problem with the septic system,
and the Department of the Environment with regard to the effect on air quality on
residents in the area; and also asked who would control and look after the situation. Mr.
Peterson, noting that the Planning staff report references the withdrawal of students by
the Department of Advanced Education and Labour in early December upon being
advised that the welding school was being operated in contravention of municipal laws
which appears to have resulted in the application for re-zoning, asked why the Building
Inspector could not have closed down the operation; and expressed agreement with
Planning staff that the application should not be approved.
Ken Somerville, representing the United Association Local 213,
appeared in opposition to the proposed re-zoning; commented on the Local's
preliminary dealings with the City with regard to its option to purchase a parcel of land
at McAllister Industrial Park which had to be delayed until the Local could afford to put a
training centre up; and asked where, if the re-zoning were permitted to go through, it
would stop. Mr. Somerville asked if the Fire Department and Occupational Health and
Safety people had visited the subject site; and offered to respond to any questions.
John Henderson, counsel for the Berrymans and East Side Welding Ltd.,
spoke in support of the proposed re-zoning; and apprised Council of the manner in
which the applicant addressed two observations made by the Fire Department in its
December 19, 1997 report with regard to fire safety, and also that there were no
apparent contraventions noted on the site during the visit of the Workers' Health and
Safety Commission as indicated in its report of December 1997. Mr. Henderson
circulated photographs of the subject property and the area; reviewed the background
in terms of how, although the original intention for the garage was to house and repair
a dump truck and the applicant indicated in the April 1992 letter that the garage would
not be used for commercial or industrial use, the garage became used to instruct
people in welding; and acknowledged that the applicant was wrong not to have turned
his attention to this matter until, having asking for a building permit to build a home for
himself near the facility, the City noted that he was operating his welding school in
violation which led to the applicant's meeting with him about commencing to have the
area re-zoned. Mr. Henderson referred to the indication in the Planning staff report that
this application presented a somewhat unusual situation in that, while this section of
Old Black River Road was essentially residential in nature and zoned residential, the
Municipal Plan designation was Heavy Industrial, as well as letters in support of the
application as submitted by the Planning Advisory Committee and letters in support
86-830
COMMON COUNCIL
FEBRUARY 2, 1998
from Mrs. Ron Mitchell and the Industrial Union of Marine and Shipbuilding Workers of
Saint John. Mr. Henderson made the observation that, if the applicant were shut down
and told he had to move elsewhere, it would have a near devastating effect on him
from an economic point of view if he was not allowed to carry on his business and that
it was important for the City to consider, in terms of community impact, how this matter
was brought to the City's attention which was not because residents of the area asked
the City to shut down the operation but rather because he applied to build a house in
the area, thus what the applicant was doing was so unobtrusive that none of the
neighbours noticed or raised any comment on it until such time as the matter became a
part of the public forum and an issue of debate with which Council must deal.
Mr. Henderson responded to questions and concerns on issues,
including the buffer zone, an indication of soil having been stripped from the property,
the number of students in the welding school, other buildings on the site, the effect on
the applicant should the proposed re-zoning not be approved, and noted uses of other
property in the area concerned.
Frank Osmon, a representative of Local 3, addressed Council in support
of the application, and advised that Local 3 has had many students at, and has high
regard for, the applicant's welding school; and, with regard to safety, expressed the
view that Local 3 has a good reputation when it comes to safety at the Shipyard and
that the applicant's school was needed.
Lee McNeill of 308 Cottage Road, appearing in support of the proposed
re-zoning, advised that she was the applicant's sister; and commented in terms of the
applicant being at fault and the property being designated Heavy Industrial in the
Municipal Plan with the McAllister Industrial Park nearby and the Saint John
Correctional Centre located directly across the road, the latter having been constructed
without the residents having been approached in this regard. Mrs. McNeill asked if
there was a possibility that the applicant could operate as proposed; and also advised
that, while realizing that everything had not been done according to the by-law, the
applicant was facing economic hardship the way it now stood. Mrs. McNeill responded
to the possibility that her brother, the applicant, could use his teaching ability at another
location, although it would cost money, and advised of an approach to the City about
developing the subject property for a subdivision and the associated cost to do so.
Councillor Knibb proposed a motion, which was not seconded, that first
reading be given to the proposed re-zoning. Councillor Waldschutz proposed that the
application be denied whereupon the Mayor, noting that she had asked the final time if
there was anybody who wished to speak in support of the proposed re-zoning,
acknowledged the presence of a person at the podium.
Angelo Knappic of Cottage Road spoke in support of the re-zoning,
noting the presence of a junkyard not too far away from the subject property to which
nobody objects.
On motion of Councillor Waldschutz
Seconded by Councillor Trites
RESOLVED that the application of Eastside
Welding Ltd. for the re-zoning of 945 Old Black River Road be denied.
Mr. Baird, in response to questions, commented in terms of the
expansion of the Berryman property with land purchased from the Province and the
process leading to a permit being issued to build a large garage on the subject property
and on the activities following which involved some initial work to prepare the land for
future development but for which no permits were finalized with respect to developing
roads or the subdivision; and advised that the proposed Municipal Plan amendment
considered earlier in this meeting shows the subject area as residential as it was
recognized that the larger industrial area envisaged by the 1973 Plan for that part of
Saint John was no longer going to occur; and Mr. Edwards commented on the Building
Inspection's involvement in this matter in terms of the zoning infraction. Councillor
Knibb expressed support for the re-zoning of the subject property for the reasons that
(1) the applicant's life was materially and substantially changed in 1992 by an accident;
(2) he found in the change of his life a means of success which was the effective
86-831
COMMON COUNCIL
FEBRUARY 2, 1998
operation of a welding school; (3) none of the applicant's neighbours complained at any
time; and (4) the Planning Advisory Committee recommended the re-zoning; and
Deputy Mayor Chase concurred with Councillor Knibb in this regard.
Question being taken, the motion was carried with Deputy Mayor Chase
and Councillor Knibb voting "nay".
5(a) Proposed Zoning By-Law Text Amendment
And Re-ZoninQ 231 Churchill Boulevard
The Common Clerk advised that the necessary advertising was
completed with regard to a Zoning By-Law text amendment to add a new zone as
follows: "special zones SZ #1", and the proposed re-zoning of the property located at
231 Churchill Boulevard (NBGIC Number 55096440), from "B-2" General Business to
"SZ #1" Special Zone #1, to permit the use of a portion of the existing Ricky's Plaza for
a licensed lounge, as requested by Stephen Tobias, and no written objections were
received in this regard, and that a letter from the applicant (copies of which were
distributed to Council members on this date) was received requesting that Council
accept the withdrawal of his application.
5{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and six letters expressing
concerns and/or opposition to the proposal, which were considered at the Committee's
January 27 meeting at which the applicant spoke in favour of the application and no
other persons attended; advising that, after considering the report, letters and the
applicant's presentation, the Committee decided to adopt the staff recommendation
that the application be denied; and recommending that the proposed amendment to the
Zoning By-Law and re-zoning of the property be denied.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that Common Council accept
the withdrawal of the application of Stephen Tobias for a Zoning By-Law text
amendment and re-zoning of 231 Churchill Boulevard, as requested by the applicant.
Question being taken, the motion was carried.
6. Mavor's Remarks
Mayor McAlary noted the forthcoming Skate-To-Care event at Lily Lake
on February 7; and proclaimed February 1 to 7 as White Cane Week, the month of
February as Black African History Month on behalf of PRUDE Inc., and February 15 as
National Flag Day in the City of Saint John. The Mayor advised of the commencement
of the City Tourism Department's 1998 Visiting Friends and Relatives Program and
that, this year, as an added incentive for citizens to become involved, there would be a
draw for a prize, and displayed the prize which was donated by Shoppers Drug Mart on
the City's West Side.
* Added Items
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that Council add to the
agenda of this meeting the following items which were considered in Committee of the
Whole earlier this date: as item 6B, appointments to the Harbour Station Commission;
as item 6C, the Nominating Committee's recommendations; as item 6D, resignations
from the Aquatic Centre Commission and the Imperial Theatre Board; and as item 6E,
an appointment to the Aitken Bicentennial Exhibition Centre.
Question being taken, the motion was carried.
86-832
COMMON COUNCIL
FEBRUARY 2, 1998
Motion of ConQratulations
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the Common Council of the
City of Saint John go on record as congratulating the Melissa McClure curling rink of
Grand Falls which on Saturday, January 31, won the Canadian Junior Ladies Curling
Championship and will represent the Province at the World Curling Championship later
in March.
Congratulations were also extended to the curling rink of Kathy Floyd
which won the Provincial Scott Tournament of Hearts on the weekend, and will
represent New Brunswick at the Scott Tournament of Hearts in Regina later this month.
Question being taken, the motion was carried.
*6A. Withdrawn Item
On motion of Deputy Mayor Chase
Seconded by Councillor Knibb
RESOLVED that the letter from Deputy
Mayor Chase regarding the Legion Branch building on Charlotte Street -- be withdrawn
from the agenda of this meeting.
Question being taken, the motion was carried.
*6B. Appointments To
Harbour Station Commission
On motion of Deputy Mayor Chase
Seconded by Councillor Vincent
RESOLVED that Paul Meier, nominee of
the Town of Rothesay, Brian Curry, nominee of the Town of Grand Bay-Westfield, and
Gerry Garnett, nominee of the Town of Quispamsis, are hereby appointed to the
Harbour Station Commission, to fill the vacancies created by the resignation of former
members, the term of such appointments expiring on December 17, 1998; Bill
Thompson is hereby appointed to the Harbour Station Commission, to fill the vacancy
created by a former member, the term of this appointment expiring on April 27,2000;
and Ralph McLenaghan and Donald Bonnell are hereby appointed to the Harbour
Station Commission for terms expiring on February 1, 2001.
Question being taken, the motion was carried.
*6C. Appointments To Lord Beaverbrook Rink,
Preservation Review Board & Power Commission
On motion of Deputy Mayor Chase
Seconded by Councillor Knibb
RESOLVED that as recommended by the
Nominating Committee, (1) Abbie M. Colwell be appointed to the Board of Trustees of
Lord Beaverbrook Rink at Saint John, Inc. for a term to expire December 31, 1999,
replacing Douglas Steeves, who has resigned; (2) Gaye Kapkin and Douglas A.
Shephard be appointed to the Preservation Review Board for a term to expire
December 31,2000, replacing Lisa R. Tracey and Michael Wallace, who have
resigned; and (3) Patrick Riley be re-appointed to the Power Commission to a term of
three years effective February 15, 1998.
Question being taken, the motion was carried.
86-833
COMMON COUNCIL
FEBRUARY 2, 1998
*6D. Resignations - Imperial Theatre
And Aquatic Centre Commission
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that Council accept the
resignation of Councillor Knibb from the Saint John Aquatic Centre Commission and
the Board of Directors of the Imperial Theatre, and the resignation of Bernard Cormier
from the Board of Directors of the Imperial Theatre.
The Mayor extended thanks to both Councillor Knibb and Mr. Cormier for
their service to the City, noting that their resignations were to accommodate
appointments to a regional commission from the surrounding municipalities.
Question being taken, the motion was carried.
*6E. Appointment To Board Of Directors
Aitken Bicentennial Exhibition Centre
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that Mr. Bernard Cormier be
appointed to the Board of Directors of the Aitken Bicentennial Exhibition Centre Inc.
Question being taken, the motion was carried.
7. HIP Applications #51 & #53
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council approve the following Housing Incentive Program
Application: HIP #53 - Toil Investments Ltd. for an estimated grant of $50,400 with
regard to a townhouse development on Manawagonish Road, and also that the
estimated grant of $30,000 with regard to HIP #51 - Mike Cavanagh Homes, as
approved by Council on December 22, 1997, be revised to $60,000.
Question being taken, the motion was carried.
8. Amendment To January 5, 1998
Council Resolution Re Lease With ABEC
Consideration was given to a report from the City Manager referring to
Common Council resolution of January 5, 1998 approving a lease and management
agreement with Aitken Bicentennial Exhibition Centre Inc. for the Carnegie building
located at 20 Hazen Street; submitting a copy of the revised lease and related
management agreement to which, while the essential elements of both documents
remain unchanged, appropriate revisions have been made so that there would be no
commitment to funding levels in future years and to provide that the owner or its
designate receive the required budget information on specified dates in order to
accommodate the proposal for the implementation of the regional facilities commission,
and also that the option to renew the lease upon expiration of the term was deleted in
anticipation of the establishment of a regional commission; and recommending an
amendment to the January 5 Council resolution in this regard.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council amend its resolution of January 5, 1998 approving
a renewal of lease and a revision of the accompanying management agreement with
Aitken Bicentennial Exhibition Centre Inc. for the Carnegie building located at 20 Hazen
86-834
COMMON COUNCIL
FEBRUARY 2, 1998
Street, and give to Aitken Bicentennial Exhibition Centre Inc. a five-year lease on the
same terms and conditions as the expired lease save and except no option to renew,
and enter into a management agreement with the Aitken Bicentennial Exhibition Centre
Inc. as submitted, and the Mayor and Common Clerk be authorized to execute these
documents on behalf of the City.
Question being taken, the motion was carried.
8A. Trade And Convention
Centre OversiQht Committee
Consideration was given to a report from the City Manager advising that
the move to the Greater Saint John Regional Facilities Commission necessitates the
formal creation of the Trade and Convention Centre Oversight Committee by resolution
of Common Council defining its mandate, composition, duration of terms of
appointment and associated procedural matters, and it must be created prior to the
appointment of the members; also advising that the operation of the Saint John Trade
and Convention Centre will continue to be governed by the management agreement
between the City of Saint John and Hilton Canada Inc., with the Committee's role being
to monitor the operations pursuant to the agreement, review the annual operating
budget submission and recommend a subsidy amount for cost sharing purposes to the
Commission; and recommending that Common Council adopt the resolution as set out
herein.
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that a committee to be known
as the Trade and Convention Centre Oversight Committee is hereby created in
accordance with the following provisions:- Mandate - the Committee is established to
review the annual budget prepared by Hilton Canada for the operation of the Saint
John Trade and Convention Centre, to monitor the operations of the facility pursuant to
an agreement between the City of Saint John and Hilton Canada Inc., and to make a
recommendation to the Greater Saint John Regional Facilities Commission for the
amount of the annual operating subsidy to be shared by the four municipalities;
Composition - the Committee shall be composed of a total of seven members - four
appointed by the City of Saint John, one appointed by the Town of Rothesay, one
appointed by the Town of Quispamsis, and one appointed by the Town of Grand Bay-
Westfield; Terms - the members of the Committee shall be appointed for a term of
three years except in the case of the first members, the terms of the appointments will
be as follows: Saint John 3 years, Saint John 2 years, Saint John 2 years, Saint John 1
year, Quispamsis 1 year, Rothesay 3 years, and Grand Bay-Westfield 2 years;
Procedures - each member shall have one vote, a quorum shall consist of five
members, the Committee shall, at its first meeting, elect a chairperson, and the
Committee may establish its own procedures.
Question being taken, the motion was carried.
9. Committee Of The Whole Report
Read the 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 reports that it sat on Monday, January 26, 1998, when
there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Fitzpatrick,
Gould, Knibb and Trites, and your Committee submits the following recommendations,
namely:-
86-835
COMMON COUNCIL
FEBRUARY 2, 1998
1. That the letters from William P. Nugent, William T. Grant, Susan Ellis
and William T. Gale resigning from the Harbour Station Commission be received and
filed and their resignations be accepted with appreciation for their service to the City of
Saint John.
2. That as recommended by the City Manager, Common Council authorize
the sale of Lot A, Osborne Avenue (NBGIC Number 55121875) to Mike Cavanagh
Homes Inc. for the purchase price of $15,000 plus HST and applicable land transfer
fees, with a closing date of one or, before March 31, 1999; and that, prior to closing,
Mike Cavanagh Homes Inc. is to provide the City's Chief Engineer with an acceptable
preliminary engineering design for a new access onto Lot A, and further that the Mayor
and Common Clerk be authorized to execute the necessary contract documents.
February 2, 1998,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
9.1. Resignations From
Harbour Station Commission
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
9.2. Sale Of Lot A. Osborne Avenue
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
10. Planning Advisory Committee Re
Section 39 Amendment To Re-Zoning
& Subdivision Of 103 Ocean Drive
And 100 Harbourview Drive
Consideration was given to a report from the Planning Advisory
Committee regarding the application of Hughes Surveys & Consultants Ltd. for
Corporation 1906 Inc. for a Section 39 amendment to the re-zoning of 103 Ocean Drive
and 100 Harbourview Drive, for which a public hearing was held on December 22, 1997
and no decision made by Council pending a further recommendation from the
Committee; submitting copies of Planning staff's reports which were considered at the
Committee's December 16 and January 27 meetings at which the applicant expressed
support for the staff recommendation and suggested that the rear yards proposed for
Lots 97-13 to 97-16 could be increased from 6 metres (197 feet) to 7.5 metres (25 feet)
to address a resident concern, and requested that an additional clause be incorporated
into the recommendation that would allow the developer to supplement the present well
system in order to create additional capacity which could involve the construction of an
additional communal well, or modification to one or both of the existing wells, and was
in agreement with the Committee that this provision only be allowed after five years
from the approval date, allowing the City to carry out the extension of municipal water
to the Red Head area should it be considered necessary; advising that several area
residents also appeared before the Committee expressing concerns and, after
considering the matter at some length, the Committee resolved to adopt the staff
recommenda-tion with the amendments to allow the developer to supplement the well
capacities after five years and to increase the rear yards of Lots 97-13 and 97-16; and
setting out a recommendation in this regard.
86-836
COMMON COUNCIL
FEBRUARY 2, 1998
The Mayor advised that the word "consider" in the fourth line of the
Committee's first recommendation, as set out in the above report, to amend the
proposal that was adopted on November 19, 1974 pursuant to Section 39 of the
Community Planning Act should be changed to "adopt".
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council amend the proposal that was
adopted on November 19, 1973 pursuant to Section 39 of the Community Planning Act
in conjunction with the "ID" Integrated Development (formerly known as "PD" Planned
Development) zoning of the area, in order to adopt the revised proposal for a portion of
the area identified as 103 Ocean Drive and 100 Harbourview Drive (NBGIC Numbers
416610 and 416628), on the following conditions: (a) the development be limited to the
construction of one-family or semi-detached dwellings, except for Lots 97-13 to 97-16
which would only be developed with one-family dwellings; (b) all the dwellings be
limited to a maximum of eight of 1 1/2 storeys; (c) the minimum area, width and depths
for the proposed lots be in accordance with the submitted Revised Proposal 2 Plan
dated January 14, 1998; (d) the minimum front, rear and side yards for the future
dwellings be in accordance with the submitted Revised Proposal 2 plan dated January
14, 1998, with Lots 97-13 to 97-16 having rear yards of 7.5 metres (25 feet); (e) with
the exception of the above-mentioned standards, the proposed lots be developed in
accordance with Section 220 of the Zoning By-Law of the City of Saint John and, for
the purposes of Section 830 (Accessory Buildings and Structures), the "R-2"
requirements apply for this development; (f) Lots 97-13 to 97-16 be developed and
maintained in accordance with a detailed building and site grading plan acceptable to
the Chief City Engineer and Development Officer, and such plan be approved prior to
the endorsement of any required building permit; and (g) only a maximum of twenty-
one (21) dwelling units be permitted until such time that: (i) the lots are serviced by
municipal water connected into the City-wide system; or (ii) a detailed study of the
existing water system is undertaken by the developer to the satisfaction of the Chief
City Engineer confirming that additional capacity is available in the system to
accommodate further dwelling units; or (iii) if additional capacity still does not exist after
five (5) years from the date of tentative subdivision approval, the developer be
permitted to supplement the well system in order to create the required additional
capacity, and such work be subject to the approval of the Chief City Engineer:
AND FURTHER that as recommended by the Planning Advisory
Committee, Common Council (1) assent to the submitted photo-reduced subdivision
plan and to any required municipal services and public utility easements at 103 Ocean
Drive and Harbourview Drive; (2) authorize the preparation and execution of a
City/developer subdivision agreement to ensure provision of the required work and
facilities; and (3) authorize the purchase by the City of proposed Lot 97-7 for the sum of
one dollar and the subsequent sale of this lot to the developer for the sum of one dollar
when Harbourview Subdivision is connected into the City-wide water distribution
system.
Question being taken, the motion was carried.
11. Planning Advisory Committee
Re-ZoninQ 339-341 Lancaster Drive
Consideration was given to a report from the Planning Advisory
Committee regarding the application of Dennis Boyle for the re-zoning of property at
339-341 Lancaster Avenue, for which no readings were given at the January 19 public
hearing on the Committee's recommendation; and recommending that Common
Council re-zone a parcel of land with a frontage of approximately 80 feet on Lancaster
Avenue and a lot area of approximately 27,600 square feet, located at 339-341
Lancaster Avenue (NBGIC Number 36137), from "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 property
is restricted to: (i) business or professional offices, excluding a doctor, dentist or similar
medical practitioner; and (ii) residential uses; (b) a sign, having a maximum area of 4
86-837
COMMON COUNCIL
FEBRUARY 2, 1998
square feet, must be posted at the side of the building indicating "No parking in
driveway -
Parking at Rear" at all times that the business is operated from the premises; (c) the
on-site parking area to the rear of the building must be maintained with asphalt
pavement; and (d) all on-site parking must be located in the year yard.
Note was made of a letter from Doug Bourque (copies of which were
distributed to Council members on this date) advising some of the reasons for his
opposition to the proposed re-zoning.
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 parcel of
land with a frontage of approximately 80 feet on Lancaster Avenue and a lot area of
approximately 27,600 square feet, located at 339-341 Lancaster Avenue (NBGIC
Number 36137), from "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 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 parcel of
land with a frontage of approximately 80 feet on Lancaster Avenue and a lot area of
approximately 27,600 square feet, located at 339-341 Lancaster Avenue (NBGIC
Number 36137), from "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.
(Councillor Arthurs withdrew from the meeting.)
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.
12. Planning Advisory Committee
Subdivision - 4 Chubb Street
& Re-NaminQ Portion Of Street
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council (1) assent to the submitted photo-
reduced tentative subdivision plan and to any required municipal services and public
utility easements with regard to 4 Chubb Street; (2) authorize the preparation and
execution of a City/developer subdivision agreement to ensure provision of the required
work and facilities, including drainage and site plans, for the approval of the Chief City
Engineer, on the condition that the existing portion of Chubb Street lying outside the
limits of the proposed subdivision, as illustrated on the submitted tentative subdivision
plan, is developed to the same standard as the extension of the street (Cavanagh
Court); (3) authorize cost sharing outside the limits of the proposed subdivision; and (3)
rename the remaining portion of Chubb Street to Cavanagh Court.
Question being taken, the motion was carried.
86-838
COMMON COUNCIL
FEBRUARY 2, 1998
13. Planning Advisory Committee
Re 1998 Executive Members
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from the
Planning Advisory Committee advising that the following individuals were elected as
members of the Executive for the year 1998: David Bonnell - Chairman, G.A. (Sandy)
Robertson - Vice-Chairman, and Janet Donahue, Executive Member -- be received and
filed.
Question being taken, the motion was carried.
13A. Saint John Art Advisory
Board - Millennium Plans
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the letter from the Saint
John Art Advisory Board advising of its interest in becoming involved with any
millennium plans the City may embark upon, particularly as it relates to the arts sector
and discussions relating to potential legacies for the greater community, and that it
would appreciate Council's consideration in involving it in the planning process -- be
referred to the Year 2000 Committee.
Question being taken, the motion was carried.
14. Minister Of Finance's Response
To November 17, 1997 Council
Resolution Re Tax Rate & Revenue
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from The
Honourable Edmond P. Blanchard, Minister of Finance, acknowledging receipt of
Common Council resolution of November 17, 1997 forwarding to him a copy of a letter
from Mr. Hodges Hamm regarding tax rate and revenue issues -- be received and filed.
(Councillor Arthurs re-entered the meeting.)
Question being taken, the motion was carried.
15. Promoting New Brunswick
Newspaper To Promote Province
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Rosemary
Withers, President of Promoting New Brunswick, submitting a newspaper published to
promote the entire Province of New Brunswick, and asking Council members to read
what has been written about their county and, should they have further information, to
send it right away so she can include it in a future issue -- be referred to the City
Manager.
Question being taken, the motion was carried.
86-839
COMMON COUNCIL
FEBRUARY 2, 1998
16. Request For Support For
Women In The Nineties Conference
On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
RESOLVED that the letter from the Co-
Chairs of the third annual Women in the Nineties (WIN) Conference, to be held on April
18, requesting support through sponsorship, donation of funds, provision of a service-
or gift-in-kind, the purchase of exhibition space or volunteering of time -- be received
and filed and Council approve a grant of $250 for a health break.
Question being taken, the motion was carried with Deputy Mayor Chase
and Councillor Waldschutz voting "nay".
17. University Of New Brunswick
Sponsorship Re OREO '98
On motion of Deputy Mayor Chase
Seconded by Councillor Waldschutz
RESOLVED that the letter from
Professor Shelley M. Rinehart, OREO Coordinator - University of New Brunswick,
thanking Council for providing monetary support for the Orientation to Running an
Entrepreneurial Organization '97 event (OREO '97), and advising that she hopes once
again for Council's participation in OREO '98 -- be received and filed with regret in
declining the request for participation in OREO '98.
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk