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1998-03-02_Minutes 86-867 COMMON COUNCIL MARCH 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 March, A.D. 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; P. Woods, Deputy City Manager; J. Nugent, City Solicitor; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; G. Yeomans, Finance Comptroller; M. Jamer, Director of Water and Sewerage Services; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; C. Cogswell, Acting Chief of Police; R. Simonds, Deputy Fire Chief; 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 of the Church Army, Saint John Seafarers' Mission, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Arthurs Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on February 23, 1998, be approved. Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment To Re-Zone 117 Glen Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of two parcels of land located at 117 Glen Road (NBGIC Numbers 301481 and 301507), containing a total of approximately 30 metres (100 feet) of street frontage along Glen Road and a total area of approximately 3,623 square metres (39,000 square feet), from "RS-2" One- and Two- Family Suburban Residential to "R-4" Four-Family Residential classification, to place the property in a zone category that reflects the present use as a three-unit dwelling, as requested by (Leon) Leandre and Norma Girouard, and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and one letter in support of the above application considered at the Committee's February 24 meeting at which the applicant indicated his agreement with staff's recommendation; and recommending that Common Council amend the Zoning By-Law by re-zoning the property located at 117 Glen Road (NBGIC Numbers 301481 and 301507), from "RS-2" One- and Two-Family Suburban Residential to "R-4" Four-Family Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act with the following conditions: (a) the use of the property be limited to a maximum of three dwelling units, and (b) the building be upgraded to satisfy all regulations of the Building and Minimum Standards By-Laws. 86-868 COMMON COUNCIL MARCH 2, 1998 Mr. Leon Girouard of 74 Glen Road, appearing in support of his application for the re-zoning of 117 Glen Road, advised that he bought the property last October as three apartments, to find out that it was only zoned for two apartments, thus the reason for the application to re-zone the subject property for three apartments. In response to Councillor Trites, Mr. Girouard indicated in the affirmative as to his agreement with the Planning Advisory Committee's recommendation, and advised that the real estate people did not inform him that the building was not zoned properly when he purchased it, and also that he lived across the street from the property for twenty-four years during which time the building had three apartments and, to his knowledge, it had been built with three apartments which was before he lived there. 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 the property located at 117 Glen Road (NBGIC Numbers 301481 and 301507), from "RS-2" One- and Two-Family Suburban Residential to "R-4" Four-Family Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Councillor Trites asked if anything could be done in the City's relationship with the Real Estate Association to ensure that, when it lists and sells a property, it communicates to the purchaser when a building is in violation of the Zoning By-Law. Mr. Baird advised that, at the present time, such inquiries were answered quite freely by him and staff, although it was at the initiative of individual real estate agents; however, staff could attempt to make contact with the Executive of the Real Estate Association to impress upon it the importance of doing that; and also advised that he would have to look into the question of whether or not an amendment to the Association's Provincial legislation would be necessary to require the Association to do so. 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 the property located at 117 Glen Road (NBGIC Numbers 301481 and 301507), from "RS-2" One- and Two-Family Suburban Residential to "R-4" Four-Family Residential classification, subject to a resolution 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 Vincent RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 86-869 COMMON COUNCIL MARCH 2, 1998 On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the question of disclosure to the purchaser of the appropriateness of zoning of properties when they are sold be referred to the City Manager for a report to Council on how an enforcement mechanism might be developed either by Councilor through a request to the Province. Question being taken, the motion was carried. 4(a) Zoning By-Law Text Amendment Re Fees The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to amend Section 910(3)(a)(ii) by deleting the number "$200" and inserting the number "$600", to increase the amendment fee in order to offset the administrative costs associated with By-Law text and re-zoning applications, as requested by the City of Saint John, and 4{c) a letter was received from Saint John Construction Association Inc. supporting the position taken by The Greater Saint John Home Builders' Association Inc. which is the same position it put forward in its letter to Council considered on November 17, 1997. 4{b) Consideration was also given to a report from the Planning Advisory Committee submitting material received from interested groups, most of which deals also with the fee increases in the Building and Subdivision By-Laws, and a copy of Planning staff's report to its February 24 meeting at which the Committee, unfortunately, was not able to consider the matter as there was not a quorum for this item; and recommending that Common Council hold the public hearing as advertised but not give third reading until the Committee has had an opportunity to make a recommendation. Mr. Wayne Moore, President of The Greater Saint John Home Builders' Association Inc., asked for clarification in that he was scheduled to address Council under item 6 which would basically address the above-proposed amendment, which the Association was against, and asked if he could make his presentation at this time. The Mayor, in suggesting that Mr. Moore could attempt to concentrate his comments at this time on the proposed Zoning By-Law amendment, asked if he was the spokesperson for the Association and if he would be prepared to make his presentation, scheduled as item 6, at this time, and Mr. Moore responded in the affirmative. 6. The Greater Saint John Home Builders' Association Inc. - Increased Fees For Subdivision And BuildinQ Permits Mr. Moore addressed Council in opposition to the proposed Zoning By- Law amendment to increase the amendment fee, as well as the increase in fees charged for subdivision and building permits; and, reading from a previously-submitted brief explained the reason. Mr. Moore asked Council not to approve these fee increases, and give the Association an opportunity, as in the past on many projects, to sit down with Building Inspection and Planning to see if there was some other solution than raising fees. Mr. Moore responded to questions in the above regard during which time he advised that the Association would like to have input a few months earlier than when the budget was scheduled to come out and the opportunity to meet with Building Inspection and Planning monthly or every second month. The Mayor noted that Council could proceed with first and second readings of the proposed Zoning By-Law text amendment at this time and await the Planning Advisory Committee's recommendation, or table the matter for two weeks. 86-870 COMMON COUNCIL MARCH 2, 1998 On motion of Councillor Vincent Seconded by Councillor Gould RESOLVED that the above matter be laid on the table for two weeks. Question being taken, the tabling motion was carried. Staff was asked to advise Council of the anticipated revenue from the above-proposed Zoning By-Law amendment, as well as the costs, including advertising. 5. Municipal Plan Amendment 1245 Loch Lomond Road Public presentation was made of a proposed Municipal Plan amendment, which would amend Schedule 2-A and Section 2.4.7.15 by redesignating a parcel of land located at 1245 Loch Lomond Road (portions of NBGIC Numbers 426460 and 434548), having a frontage of approximately 20 metres (66 feet) on the north side of Loch Lomond Road and a total lot area of approximately 4.4 hectares (11 acres), from Light Industrial as an Approved Exception, to permit re-zoning of the parcel of land from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, in order to recognize the existing operation of a contractor's yard and repair facility as well as to permit a variety of commercial-type uses in the future, as requested by Hughes Surveys & Consultants Ltd. 7. Mavor's Remarks Mayor McAlary advised that, as the Canadian Chiefs of Police Association would be holding its annual conference in Saint John in the Year 2000, an attempt was being made to have the Canadian Board of Police Commissioners meet at that time in the City. Note was made of the forthcoming North American Short Track Speedskating Championship to be held on March 27 to 29 at the Lord Beaverbrook Rink. 7 A. Health Care Services Consideration was given to a letter from Mayor McAlary advising of the concerns expressed by members of the Saint John Medical Society to the Mayors from St. Stephen to Sussex about under-funding for health care services to Region 2, and that the Medical Society has made its view known to the Minister of Health, The Honourable Russell King, but to no avail; and recommending that Council support the members of the Medical Society publicly and pass a resolution to write a letter to the Minister of Health outlining Council's concerns, copied to the local MLAs. On motion of Deputy Mayor Chase Seconded by Councillor Gould RESOLVED that a letter be forwarded to the Minister of Health, with copies to the Premier of New Brunswick and the local MLAs, to explain the situation at the Saint John Regional Hospital and Council's concern in this regard. It was suggested that a copy of the letter should also be sent to the three prospective candidates for the office of Premier. Question being taken, the motion was carried. 8. Appointment Of Chief City EnQineer 86-871 COMMON COUNCIL MARCH 2, 1998 Consideration was given to a report from the City Manager submitting a recommendation to appoint a Chief City Engineer, rather than going through the process of amending each of the specific by-laws in which the Chief City Engineer is referenced, which is the same process that Council adopted with respect to former Commissioner of Municipal Operations Charles Robichaud. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council appoint Mr. Paul Groody, Commissioner of Municipal Operations, as the Chief City Engineer as contemplated under Section 74(3) of the Municipalities Act. Question being taken, the motion was carried. 9. Water StrateQV On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the report from the City Manager advising that, further to Council's approval on December 8, 1997 of the award of the Water Strategy to a consulting group headed by the Saint John firm of Godfrey & Associates, the consultants have been very active and work on the Water Strategy is well underway; and submitting a copy of survey questions to be used in a telephone survey intended for typical residential users to determine the public's views on Water and Sewerage services -- be received and filed. During discussion Mr. Jamer advised that the survey would be done on four hundred customers and, as to the possibility of the City tying into a water audit being done by ACAP Saint John, advised that his understanding of ACAP Saint John's project, which was a conservation project in an attempt to educate consumers and the public as a whole about water conservation, was that it would meter the water used by a customer before training in conservation and record the use after that training, and he would not expect any overlap with the City's survey. Question being taken, the motion was carried. 10. Plebiscite On Wards Read a report from the City Manager further to Council's referral at its last meeting of a letter from the Municipal Electoral Officer rejecting the City's plebiscite question; and presenting the following two questions, which have a high probability of being approved for a plebiscite: (1) "Do you want the City divided into ten wards, of approximate equal population, with one councillor to be elected by the voters in that ward?"; and (2) "Do you want the City to be divided into three wards of approximately equal population with two councillors to be elected by the voters of that ward, and four councillors to be elected at large?". The report makes the observation that Council has been put into a position where it must now make a choice in that, if a choice is not made, the Province may feel compelled to make the choice for the City; and concludes that, should Council believe that by submitting either one of these questions, Council is essentially limiting the opportunity for residents to voice their preference as to other alternatives, Council should so advise the Province, and the alternative to having a single non-vague or confusing question asked by way of a plebiscite is simply to allow the Council elected to enact a by-law implementing the wishes of Saint John residents as determined by some method other than a plebiscite. The Mayor noted the two examples of possible plebiscite questions in the above report, as well as the City Solicitor's report on the matter of a possible plebiscite question, and also noted the necessity of Council's decision in that the proposed question had to be in Fredericton by March 9. On motion of Councillor Trites Seconded by Councillor Knibb 86-872 COMMON COUNCIL MARCH 2, 1998 RESOLVED that the following question be submitted to the Municipal Electoral Officer, to be included in a plebiscite during the municipal election May 11, 1998: "Do you want the City to be divided into four wards of approximately equal population with two councillors to be elected by the voters of that ward, and two councillors to be elected at large?". The initial motion proposed by Councillor Trites and seconded by Councillor Knibb was for a two-part question so that people could check off one or the other, one part being for an electoral or ward system of four wards electing two councillors per ward, plus two councillors to be elected at large; the other part being for a system of at-large election for councillors. The Mayor re-stated the question as follows: "Do you want the City to be divided into four wards of approximately equal population with two councillors to be elected in each ward by the voters of that ward, and two councillors to be elected at large?", and the second being "Do you prefer the present system of electing councillors at large?", both being yes or no questions, whereupon Councillor Trites expressed concern with the yes or no question and asked if it could be an either/or question as proposed. Mr. Nugent advised that, under the current legislation, the question or questions posed must be presented as giving rise to a yes/no response, either an affirmative or a negative response, noting that the legislation provides that, if sixty per cent of the people voting vote in the affirmative, Council must implement the result of that affirmative vote. Mr. Nugent made the observation that one of the possible advantages of more than one question would be that the electors would be able to express an opinion on a possibility that perhaps more likely found favour with them, than simply accepting or rejecting a single proposition. Councillor Knibb suggested that there was no need for two questions in that, by voting no on the first part of the question proposed, a voter would be voting yes to the status quo; and proposed that the question should be "Do you want the City to be divided into four wards of approximately equal population with two councillors to be elected by the voters of that ward, and two councillors to be elected at large?", whereupon Councillor Trites agreed to delete the second portion of the question, and the motion was changed as indicated. Councillor Waldschutz expressed the view that, as there was not the slightest chance of getting a satisfactory answer from the electorate, as there was the most supreme indifference to the electoral method at the municipal level, Council should do nothing and let the deadline pass. Councillor Brown concurred with the first question put forth in the City Manager's above report; and Councillor Gould asked why there should be ten wards or two councillors, and expressed the belief that, as the municipality was losing its power as more and more of the power is turned over to non-elected boards and commissions which are not accountable to the elected representatives, reducing the number of councillors to eight should be considered. Question being taken, the motion was carried with Councillors Brown, Gould and Waldschutz voting "nay". 11. Possible Plebiscite Question Consideration was given to a report from the City Solicitor setting out, further to Council's February 23 referral of the letter from the Chief Electoral Officer with regard to the City's plebiscite question, the prerequisites for a plebiscite question as set out in the Municipal Elections Act, as well as the relevant sections of the Municipalities Act dealing with the matter of establishing wards in a municipality for municipal election purposes; and addressing a question, which had arisen since the rejection of the question submitted to the Municipal Electoral Officer, of the prospect of asking a multiple choice-styled question; and expressing the opinion that, if Council saw fit, a series of appropriately-worded questions, each identifying one possible manifestation of a ward system, could be submitted to plebiscite. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the above report from the City Solicitor be received and filed. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting.) 86-873 COMMON COUNCIL MARCH 2, 1998 12. Release Re Season's Ticket Holders/Garth Brooks Concerts Read a letter from the Common Clerk submitting a resolution adopted in Legal Session of Common Council on February 23, 1998. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the Mayor and Common Clerk be authorized to execute a release in favour of Saint John Pro Sports Inc. for any claims in connection with any claimed right of first refusal held by horseshoe season's ticket holders for the Garth Brooks concerts held in September 1996, in exchange for a similar release from Saint John Pro Sports Inc. Question being taken, the motion was carried. 13. Planning Advisory Committee Re Subdivision 80 Lakewood Avenue West On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plan and any required municipal services and public utility easements with regard to the subdivision at 80 Lakewood Avenue West, on the condition that the plan is amended to illustrate Parcel "A" as a future public street. Question being taken, the motion was carried. 14. Archan Investments Ltd. - Sidewalks And DrainaQe Surfaces. 115-123 Hazen Street On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Archan Investments Ltd. registering a formal complaint with regard to the state of patchwork on the sidewalks and the poor drainage surfaces in front of the Medical Arts Buildings at 115 and 123 Hazen Street; and petitioning Council to have the street and sidewalks resurfaced to make the area more pleasant and safer for walking and driving -- be referred to the City Manager. Question being taken, the motion was carried. 15. MarQaret Haze - Tree PlantinQ On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Margaret Haze suggesting that trees should be planted around Chown Field, along Thorne Avenue, especially where the cemetery is behind the former Canadian Tire Store, as well as on Bayside Drive -- be referred to the City Manager. Question being taken, the motion was carried. 16. Richard C. Walsh Re Property Uses On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Richard C. Walsh referring to a newspaper article regarding a Loch Lomond car lot 86-874 COMMON COUNCIL MARCH 2, 1998 getting a 12-month reprieve, and expressing his views on businesses moving into residential areas -- be received and filed and Mr. Walsh be thanked for his letter. Question being taken, the motion was carried. 17. Melanie Guerette - Participation In Canada World Youth ExchanQe ProQram On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Melanie Guerette advising that, as part of her engagement to Canada World Youth, she must contact various organizations in the community in order to inform them of her participation in the exchange program with Nicaragua next summer and to obtain sponsors, and that she would be prepared to present her slide slow once the project has been completed -- be received and filed and Miss Guerette be advised that Council finds it is unable to sponsor her participation. Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting.) 18. Church Of St. John & St. Stephen Re-ZoninQ Of 108 Hazen Avenue On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the application of the Church of St. John & St. Stephen for the re-zoning of property at 108 Hazen Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, April 14, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 19. Hughes Surveys & Consultants Ltd. Re-Zoning Of Property Adjacent To Spruce Lake Industrial Park On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the application of Hughes Surveys & Consultants Ltd. for the re-zoning of property adjacent to the Spruce Lake Industrial Park be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, April 14, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adiournment On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that this meeting be adjourned and a Committee of the Whole meeting of Council be held. Question being taken, the motion was carried. 86-875 COMMON COUNCIL MARCH 2, 1998 Common Clerk