1998-04-06_Minutes
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APRIL 6,1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the sixth day of April, AD. 1998, at 4:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites and Vincent
- and -
Messrs. 1. Totten, 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; M. Jamer, Director of
Water and Sewerage Services; S. Galbraith, Director of Works; J.
Baird, Manager of Community Planning; S. Lodhi, Manager of
Real Estate and Facility Management; W. Edwards, Building
Inspector; P. Hanlon, Operations Engineer; E. Giffin, Senior
Project Engineer; J. Flogeras, Project Engineer; B. Keenan,
Project Engineer; G. Tait, Fire Chief; C. Cogswell, Chief of Police;
A Martin, Assistant Deputy 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 Reverend Tim Davidson
of the Saint John Vineyard Church 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 March 30, 1998, be approved.
Question being taken, the motion was carried.
3. Mavor's Remarks
Mayor McAlary recognized the presence at the meeting of Anne Marie
Mullin and Anne Marie McGrath, members of the Saint John Board of Police
Commissioners; and Chief Cogswell presented Chief's Commendation Certificates to
Sgt. Peter Goss and Cst. Cyril Thompson of the Saint John Police Force, and a
Certificate of Merit to civilian David Bruce Boyle, whose efforts resulted in the suspect
being taken into custody, following a response by the Saint John Police Force on
December 4, 1996 to a domestic dispute call with involvement of firearms, which
developed into a two-hour barricaded person situation.
Mayor McAlary advised of the City's two applications for grants from the
Provincial Department of Advanced Education and Labour - Employment Division,
under the Disaster Program related to the ice storm, for the clean-up of Rockwood Park
and the clean-up of Tucker Park, King's Square and the Throughway. The Mayor
expressed appreciation to Councillor Ball for his efforts in bringing to Saint John the
production of the movie, "In Self Defence", part of which will be filmed on the 8th floor
of City Hall.
(Deputy Mayor Chase entered the meeting.)
4. Capital ProQrams - Municipal Operations
Consideration was given to a report from the City Manager summarizing
the Capital Budget approvals for programs managed by Municipal Operations in the
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General Fund and the Water and Sewerage Utility; and submitting a list of projects in
the various programs which are in compliance with the approved budget amounts. The
report highlights some of the most significant projects contained in each of the following
work programs: transportation, storm drainage, water, sanitary sewer, and
infrastructure; and asks Council to give pre-approval to eight transportation Capital
projects planned for 1999.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council approve the submitted Capital work programs for
transportation, storm drainage, water, sanitary sewer and infrastructure, in the total
amount of $9,800,000 for 1998, and give pre-approval for eight (8) transportation
Capital work projects, in the total amount of $774,000 for 1999.
Mr. Groody, in highlighting the proposed Capital work programs,
commented on staff's goal to advance the planning phase for development of the
Capital construction program to allow sufficient time for engineering and design and the
lead time required for tendering and/or project scheduling, thus changing the historical
practice of bringing the specific Capital projects to Council at this time of year for which,
in order to do, an attempt was being made to identify a means within the City's
purchasing policy to expedite the process for allocating engineering and design work to
outside firms or individuals, to work in conjunction with the City's Engineering staff.
Question being taken, the motion was carried.
Mayor McAlary welcomed to the Council Chamber Caroline Langille who
presented a proposal (copies of which were distributed to Council members at this
meeting), on behalf of her business - Caroline's Kickers, for Canadian Flag custom
shirts and custom embroidery of "Saint John", and circulated photographs of her
clothing designs.
5. Maior Water Proiects
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the report from the City
Manager advising that several projects in this year's Capital and Operating Programs,
which are critical to the overall operation of the water transmission and distribution
system, could cause some inconvenience for the public, specific jobs including sewer
and watermain replacement at Haymarket Square, major pipe work at "One Mile
House", and internal seals work along Rothesay Avenue which, in order to carry out,
will require excavations which impact on traffic flows; and also advising that staff would
keep Council and the public aware of the progress of these major projects throughout
the construction season -- be received and filed.
Question being taken, the motion was carried.
6. Extension Of Water Distribution System
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the report from the
City Manager referring to the numerous requests to extend the current water system,
including the requests, in recent months, of Barbara Munroe of Ragged Point Road and
Walter Peterson of Cottage Hill Road for the system to be extended to include their
homes; advising that, realizing the need to establish a format for evaluating requests
for water service extension and to prioritize them along with other necessary
expenditures, staff would establish criteria for evaluating requests for water service
extension with the results of the Water Strategy to be completed in September, and
would not recommend any extensions to the system, other than as part of the normal
development process, until the Water Strategy is complete and criteria is established;
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and concluding that
there are no planned extensions to the water distribution system proposed in the 1998
Capital Program, other than one in the Seawood Lane area that is being installed in
conjunction with a sanitary sewer -- be received and filed.
The Mayor noted the previous request to be advised of the cost of
extending services to Ragged Point Road.
Question being taken, the motion was carried.
7. Repairs To Sewer Line On
IrvinQ Pulp & Paper Property
Consideration was given to a report from the City Manager submitting an
invoice from Irving Pulp & Paper Limited in relation to the emergency work performed
on the West Side sewer line which crosses Irving Pulp & Paper Limited property; and
explaining that, on July 4, 1997, during a heavy rainfall, a portion of a 24" City sewer,
located on property of Irving Pulp & Paper, collapsed and, due to complicated site
conditions in the mill yard, City staff requested Irving Pulp & Paper officials to perform
the repairs on the sewer line.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, authority be granted for payment of the submitted invoice from Irving
Pulp & Paper Limited, totalling $75,318.54, for emergency repairs to a City sewer line.
Question being taken, the motion was carried.
8. Plebiscite Question -
Required Documentation
Read a report from the City Manager referring to the Municipal Electoral
Officer's indication to Council on March 9 that the revised plebiscite question was
satisfactory, and the requirement now that Common Council prepare a document
setting out (i) the question that is the subject of the plebiscite; (ii) the projected cost, if
any, of implementation of the plebiscite question; and (iii) any other background
information considered relevant by Council, and also the requirement that Common
Council place an ad in the local newspaper setting out the question that is the subject
of the plebiscite and the place where the document may be viewed; and submitting a
"Document Respecting A Plebiscite On Wards", and a map to illustrate the point that
the specific wording of the plebiscite question is not likely to result in ward divisions
which reflect the traditional understanding of City districts (i.e.; north, south, east, west),
and is not intended to indicate a recommendation of ward boundaries.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the submitted "Document Respecting A Plebiscite On Wards" be
received and adopted pursuant to Section 46(11)(a) of the Municipal Elections Act, and
that the Common Clerk cause a notice to be published pursuant to Section 46(11)(b) of
the Act.
Question being taken, the motion was carried.
9. Re Habitat For Humanity Saint
John ReQion Inc.'s Request For Land
Consideration was given to a report from the City Manager advising that,
further to Council's referral on September 8, 1997 of Habitat for Humanity Saint John
Region Inc.'s request for land, staff met with representatives of Habitat for Humanity on
several occasions and provided a list of potential sites to Habitat for Humanity, one of
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which was identified as being a viable location for a first project, that being 22 Oakland
Street; and presenting Habitat for Humanity Saint John Region Inc.'s request that the
City sell the subject property to it for the purchase price of $3,000.
On motion of Councillor Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, (1) Common Council authorize the sale of 22 Oakland Street (NBGIC
Number 430991) to Habitat for Humanity Saint John Region Inc. for the purchase price
of $3,000, plus normal land sale adjustments; (2) an easement for municipal services
be reserved to protect a drainage culvert located along the northeast corner of the
subject property; (3) the City of Saint John reserve the right to reacquire the subject
property for the purchase price if site development does not commence within 12
months of title transfer (site development meaning the pouring of a foundation and
erection of flooring, framing and trusses); and (4) the Mayor and Common Clerk be
authorized to execute the necessary documents.
Question being taken, the motion was carried.
10. HIP Application #58
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that as recommended by the
City Manager, Common Council approve Housing Incentive Program application #58 -
Habitat for Humanity Saint John Region Inc. for two single-family units at 22 Oakland
Street, resulting in a potential grant totalling $12,800.
Question being taken, the motion was carried.
11. March 30 Presentation Re
Eastside WeldinQ (1994) Ltd.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the report from the
City Manager responding to the March 30, 1998 presentation on behalf of Eastside
Welding (1994) Ltd. to clarify the factual situation and provide a context for a further
legal report as a number of statements were made in the presentation orally and in
writing which were to be a review of the factual situation -- be received and filed and a
copy be forwarded to Mr. Eric L. Teed.
Question being taken, the motion was carried.
12. Jurisdiction Of Planning
Advisory Committee To Authorize
Development For Temporary Period
Consideration was given to a report from the City Solicitor further to his
report to Council dated March 20, 1998, responding to two questions with regard to the
Planning Advisory Committee's jurisdiction to authorize, for a temporary period, a
development otherwise prohibited by the Zoning By-Law; and, in response to the
further question concerning the Committee's jurisdiction to authorize for a temporary
period an existing use prohibited by the Zoning By-Law which presented itself while
preparing the March 20 report, expressing the view that the Planning Advisory
Committee does not have jurisdiction to authorize the continuance of a use otherwise
not permitted in the Zoning By-Law; and suggesting that a copy of this report, as well
as his correspondence of March 20 be forwarded to the Planning Advisory Committee
for its information.
On motion of Councillor Vincent
Seconded by Councillor Fitzpatrick
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RESOLVED that a copy of the City
Solicitor's reports regarding the jurisdiction of the Planning Advisory Committee to
authorize a development for a temporary period -- be referred to the Planning Advisory
Committee for its information and these reports, the City Manager's report under item
11 on the agenda of this meeting and all previous report to Council in this regard be
brought forward for a teach-in of Council at the earliest opportunity.
Question being taken, the motion was carried.
13. Municipal Plan Amendment And
Re-ZoninQ 1245 Loch Lomond Road
Read a letter from the Common Clerk advising that, following the
procedure for amendments to the Municipal Plan, the necessary advertising and public
presentation have been completed with respect to the submitted application of Hughes
Surveys & Consultants Ltd., on behalf of Raymond and Janet Debly, with regard to
property at 1245 Loch Lomond Road, and that the date for written objections expired
on April 1, 1998, with a written objection having been received from Richard C. Walsh.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the application of
Hughes Surveys & Consultants Ltd., on behalf of Raymond and Janet Debly, for a
Municipal Plan amendment and re-zoning of property at 1245 Loch Lomond Road, 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
Monday, June 1, 1998, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
(Councillor Trites withdrew from the meeting as he was not present for
the March 30, 1998 public hearings with regard to the proposed re-zoning of property
on Smythe Street, 15 Drury Lane, and 23 Park Avenue East.)
14. Zoning By-Law Amendment To Re-Zone
Property On West Side Of Smythe Street
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-463 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning a parcel of land located on the west side of
Smythe Street (NBGIC Numbers 55031561,55008767,40147,55011902,426197,
55100986 and part of NBGIC Number 55081921), from "T" Transportation and "1-1"
Light Industrial to "B-3" Central Business classification, be read a third time and
enacted and the Common Corporate Seal be attached thereto.
The by-law entitled, "By-Law Number C.P. 100-463 A Law To Amend
The Zoning By-Law Of The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
15. Zoning By-Law Amendment
To Re-Zone 15 Drurv Lane
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-464 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning the various parcels of land known as 15
Drury Lane (NBGIC Numbers 37432, 3896839016, 39024, 40006, 55074348, 39032,
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55065056,55065049,55065031,55065023, 55065064, 55065072, 55065098,
55065015 and 38976), from "T" Transportation to "B-3" Central Business classification,
be read a third time and enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-464 A Law To Amend
The Zoning By-Law Of The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
16. Zoning By-Law Amendment To
Re-Zone 23 Park Avenue East
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-465 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning approximately 750 square metres (8,073 square
feet) of land situated at 23 Park Avenue East (NBGIC Numbers 346130 and 346163),
being at the intersection of Park Avenue East and Melrose Street, from "R-2" One and
Two-Family Residential to "IL-1" Neighbourhood Institutional classification, be read a
third time and enacted and the Common Corporate Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act the said re-zoning be subject to conditions that would: (a) limit the use of the
property to a group care facility licensed by the Province as a special care home for no
more than ten adults; and (b) require that the vacant parcel of land (NBGIC Number
346163) be developed and maintained as a lawn area and that such work be carried
out within one year from the issuance of the required building permit.
The by-law entitled, "By-Law Number C.P. 100-465 A Law To Amend
The Zoning By-Law Of The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
(Councillor Trites re-entered the meeting.)
17. Town Of Grand Bay-Westfield - Appointments
To ReQional Economic Development Commission
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the Town
of Grand Bay-Westfield advising of the appointment to the Regional Economic
Development Commission of Mayor Grace Losier and Diane Bormke -- be received and
filed and Council wish the appointees well.
Mayor McAlary commented on the first public meeting of the new
Regional Economic Development Commission at UNBSJ on April 2. In response to
Deputy Mayor Chase's query as to the legal principle under which Council was paying
into a new legal entity or if this was just an extension of the old entity, Mr. Totten
advised that the City of Saint John was not paying to any organization that was not in
existence right now and was still funding Enterprise Saint John. In response to Deputy
Mayor Chase's question on the issue of devolution of Council's power to this new entity,
Mr. Nugent expressed the view that the Municipalities Act anticipates the possibility of
municipalities agreeing to pursue, in a joint fashion, the provision of services which any
one municipality may choose to provide, economic development being a service that a
municipality may choose to pursue on behalf its citizens; and that, as it was his
understanding from a meeting with Commission Chairman David Barry as a result of
discussion in Committee of the Whole on March 30 that an arrangement would be
forthcoming to the four Councils concerned on behalf of the newly-created Greater
Saint John Economic Development Commission Incorporated identifying the strategies
which that Commission would suggest or recommend be employed in the pursuit of
regional economic development in the foreseeable future, the Councils' approval and
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adoption of those strategies would preserve the rightful and proper authority of
municipalities to make decisions in matters of economic development affecting each
municipality.
Question being taken, the motion was carried.
18. Vanda C. White - Water
DraininQ From Braemar Drive
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from Vanda C.
White advising of a problem with water draining from Braemar Drive onto her property
at 13 Braemar Drive, causing damage, and that she feels it is the responsibility of the
City to stop the water problem and repair her lawn and carport floor to its original
condition -- be referred to the City Manager.
Question being taken, the motion was carried.
19. H. Sauerteig - Temporary Use
Granted To Eastside WeldinQ Ltd.
On motion of Councillor Vincent
Seconded by Councillor Gould
RESOLVED that the letter from H.
Sauerteig referring to the Planning Advisory Committee's granting of a temporary use
of the East Side Welding Ltd. site; and suggesting two more items that should be
added to the Committee's rules of procedure -- be referred with the previous
documentation under items 11 and 12.
Question being taken, the motion was carried.
20. Total Golf Management Inc.
Contract For Rockwood Park
Golf Course & DrivinQ RanQe
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Total Golf
Management Inc. asking for acceptance of the submitted Annex 1 and Annex II,
prepared in response to paragraphs 111.(14) and 111.(16) of its contract with the City
of Saint John with regard to the Rockwood Park Golf Course and Aquatic Driving
Range, Annex 1 providing a summary of enhancements and accomplishments during
the 1997 golf season, and Annex II including a list of Total Golf Management Inc.'s
proposed fee structure and identifying its proposed plans/enhancements to golf
facilities and services in 1998 -- be received and filed and referred to the City Manager.
The Mayor noted that the City Manager would be negotiating with the
above Company.
Question being taken, the motion was carried.
21. Silver Falls Park Development Ltd.
Re-ZoninQ Of Property On Loch Lomond Road
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the application of Silver
Falls Park Development Ltd. for the re-zoning of property on Loch Lomond Road 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
Monday, June 1, 1998, at 7:00 o'clock p.m.
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Question being taken, the motion was carried.
22. South Central Citizens Council
Re Cities In Bloom Effort
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the South
Central Citizens Council asking for information on the Cities in Bloom effort with regard
to budget, expenditures and grant money -- be referred to the City Manager and
Communities In Bloom.
Deputy Mayor Chase noted the presence at the meeting of Mr. R.
MacVicar, the Chairman or Past Chairman of Communities In Bloom, in that he might
be able to respond to the above questions, whereupon the Mayor noted the motion to
refer the matter to the City Manager as it appeared as if the Citizens Council was
asking what the City spent; and Councillor Trites suggested that the letter should also
be referred to Communities In Bloom which, if it chose to do so, could respond in
writing on its overall budget.
Question being taken, the motion was carried.
23. Yvonne LeBlanc - Candidates
In Municipal Elections
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the letter from Yvonne
LeBlanc suggesting the need to have a law passed that no one with a criminal record
could run for or hold any kind of public office in the City -- be referred to the
Department of Municipalities, Culture and Housing.
Question being taken, the motion was carried.
The Mayor noted Council's next meeting on Tuesday, April 14, 1998,
commencing at 7:00 o'clock p.m.
Adiournment
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk