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1998-09-28_Minutes 87 -205 COMMON COUNCIL SEPTEMBER 28, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-eighth day of September, AD., 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Chase, Court, Desmond, Titus, Trites, Vincent and White - 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; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; P. Hanlon, Manager of Water and Sewerage Services; R. Simonds, Deputy Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Reverend Dan Trecartin of Grace Harvest Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on September 21, 1998, be approved. Question being taken, the motion was carried. * Added Items On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED that the following items be added to the agenda of this meeting for consideration as items 6A, 10A and 20A, respectively: a report from the City Manager (copies of which were distributed to Council members at this meeting) regarding hours of operation at the City Market; a recommendation from Committee of the Whole earlier this date with regard to item 25 pertaining to the Red Rose Tea site; and a report from the City Manager (copies of which were distributed to Council members at this meeting) relevant to the application fee for the re-zoning of property at 640 McAllister Drive under item 21 on the agenda of this meeting. Question being taken, the motion was carried. 4. Mavor's Remarks Mayor McAlary commended those involved in the Communities in Bloom challenge in which the City competed against four other Canadian cities and five cities in Britain, and received special mention for its community involvement. 5. Concern With DOQS On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the letter from Mayor McAlary referring to concerns voiced at a recent meeting of the South Central Citizens 87 -206 COMMON COUNCIL SEPTEMBER 28, 1998 Council with dogs, in particular pit bulls, attacking citizens in public places, as well as to incidents in King's Square over the past few months where citizens were brutally attacked by pit bull dogs; and asking for Council's support in referring this issue to the Building Inspector and the City Solicitor for a report which would outline options that Council could consider to correct this serious situation -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 3. Saint John Parking Commission Presentation Of 1997 Annual Report Mike Brown, Vice Chairman, and Richard Smith, Executive Director, of the Saint John Parking Commission, were present at the meeting, and Mr. Brown, in noting that Council had been provided with the Commission's 1997 Annual Report, offered to respond to questions in this regard. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the 1997 Annual Report presented by the Saint John Parking Commission be received and filed with appreciation. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 6. BudQet Process & StrateQic PlanninQ Read a letter from Councillor Chase advising that he wished to comment on the budget process and Council's plans for strategic planning, specifically that he believed that these processes should not be separate but rather be of a congruent plan. Councillor Chase proposed a motion, which was not seconded, that before the final budget was approved this year, the budget address a component of strategic planning. The Mayor made the observation that a course of strategic planning had been set for the month of October and there had been discussion on when budget planning would be done and when the City Manager would be bringing forth budget information; and suggested that, although a strategic plan should be part of the budget, a motion should not be necessary as all Council members have agreed to work on this and it would all come forth in due course. (Councillor Trites re-entered the meeting.) On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above letter from Councillor Chase be received and filed. Question being taken, the motion was carried. *6A. City Market By-Law Amendment Re Sunday And Holidav OpeninQ On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED the report from the City Manager advising of a request from the City Market Merchants Association to open the City Market on Monday, October 12, 1998 (Thanksgiving) and Sunday, October 25, 1998 as a cruise ship will be visiting Saint John on both dates; and recommending that Common Council give first and second readings to the City Market By-Law as set out herein -- be received and filed and the recommendation adopted: 87 -207 COMMON COUNCIL SEPTEMBER 28, 1998 AND FURTHER that a by-law to amend the City Market By-Law, with regard to opening on October 12 and October 25, 1998, be read a first time. Councillor Trites, in seconding the motion, noted that part 2 of the City Manager's recommendation setting out the amendment to Schedule "B" inadvertently referred to Monday, October 25, 1998 (Thanksgiving) rather than Monday, October 12, 1998, thus the motion should include this correction. Question being taken, the motion was carried. Read a first time a by-law to amend the City Market By-Law. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that a by-law to amend the City Market By-Law, with regard to opening on October 12 and October 25, 1998, be read a second time. Question being taken, the motion was carried. Read a second time a by-law to amend the City Market By-Law. 7. HIP Application #73 On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program application: HIP #73 - Jeff and Joanna Smith for an estimated grant of $30,000, with regard to a development on Seawood Lane. Question being taken, the motion was carried. 8. Tender For Contract 98-18 On motion of Councillor Desmond Seconded by CouncillorTrites RESOLVED that as recommended by the City Manager, Contract 98-18: Marlborough Avenue - Tippetts Drive water and sewer construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $116,608.50, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 9. Provincially-Designated Highways 5-Year Capital Improvement ProQram (1999-2000) On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the submitted Provincially-Designated Highways 5-Year Capital Improvement Program for the years 1999-2003 be adopted by Council and submitted to the Minister of Transportation. Question being taken, the motion was carried. The Mayor noted the need to deal with agenda item 11 prior to agenda item 10. 87 -208 COMMON COUNCIL SEPTEMBER 28, 1998 (Councillor Vincent withdrew from the meeting as he was not present for the September 21,1998 public hearing for the proposed Zoning By-Law amendment regarding 450-500 Westmorland Road.) 11. Zoning By-Law Amendment 450-500 Westmorland Road On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-477 A Law To Amend The Zoning By-Law Of The City Of Saint John", by (1) repealing By-Law Number C.P. 100-197 and By-Law Number C.P. 100- 198; and (2) re-zoning a parcel of land at 450-500 Westmorland Road, having a frontage on the northwest side of Westmorland Road of approximately 1,650 feet and an area of approximately 47 acres, also being NBGIC Numbers 55061139, 55061147 and a portion of NBGIC Number 303479, from "1-2 Heavy Industrial and "MH" Mobile Home Park to "SC" Shopping Centre classification, be read a third time an enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the said re-zoning be pursuant to an agreement under Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee in its report to Council on September 21, 1998. Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting.) 10. Subdivision Assent - 450-500 Westmorland Road Consideration was given to a report from the City Manager noting that Council would be considering at this meeting third reading of a proposed Zoning By-Law amendment with regard to property at 450-500 Westmorland Road which, if approved, would become effective upon being filed in the Registry Office which would not occur until the Section 39 agreement in this regard was executed; referring to the Planning Advisory Committee's submitted report which was previously submitted at the September 21 public hearing in this regard which included a recommendation with respect to Council's assent to the necessary subdivision plan if and when Council gave third reading to the re-zoning; and advising that, upon approval of third reading, it would be appropriate for Council to give its assent to the subdivision plan as recommended by the Planning Advisory Committee. On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision of the site at 450-500 Westmorland Road with respect to the proposed extension of Mark Drive as a public street, the proposed future street, and with respect to any necessary municipal services easements and public utility easements. Question being taken, the motion was carried. *10A. Red Rose Tea Site On motion of Deputy Mayor Chase Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the Option Agreement between the City as Owner and P.F. Moore Holdings Inc. and Global Design and Construction Limited as Developer, with regard to the Red Rose Tea and Parking Lot sites on Mill Street, be amended so as to reduce the area of land subject to the Option, which reduced area is illustrated on the submitted plan; that, upon the precondition that the Developer executes the Option Agreement amended as aforesaid, Common Council approve the Development Plan submitted by the Developer, a copy of which is submitted, and the Mayor and Common Clerk be authorized to execute the Amended Option Agreement. 87 -209 COMMON COUNCIL SEPTEMBER 28, 1998 Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting as he was not present for the September 21, 1998 public hearing for the proposed re-zoning of property at 1177 Manawagonish Road.) 12. Zoning By-Law Amendment To Re-Zone 1177 ManawaQonish Road On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-478 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 at 1177 Manawagonish Road (NBGIC Number 402750), having a width of approximately 31 metres (102 feet) along Manawagonish Road and an area of approximately 2,080 square metres (22,388 square feet), from "IL-1" Neighbourhood Institutional to "R-4" Four-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-478 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 Vincent re-entered the meeting.) 13. Subdivision By-Law Amendment Re Cost SharinQ Of Materials On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the by-law entitled, "By- Law Number C.P. 120-2 A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", with regard to cost sharing of materials, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 120-2 A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 14. 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, September 21, 1998, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, (1) upon receipt of a $5,000 deposit, Common Council authorize the entering into of an Agreement of Purchase and Sale for the conveyance of Parcel "A": located at the intersection of McAllister Drive and Golden Grove Road, as generally illustrated on the submitted Plan 2, to Imperial Oil Limited (the Purchaser) for the purchase price of $131,000 plus applicable taxes; that the closing date be on or before January 31, 1999; that this sale be subject to the reservation of any required easements for municipal services; that the deposit will form 87-210 COMMON COUNCIL SEPTEMBER 28, 1998 part of the purchase price; and that the deposit be non-refundable except in the instance that the Purchaser is unsuccessful in re-zoning the subject property; (2) upon the execution of the Agreement of Purchase and Sale, the Purchaser be authorized to make an application for the re-zoning of the subject property, and Common Council inform the Purchaser that the Agreement of Purchase and Sale does not explicitly or implicitly obligate Common Council to approve any re-zoning application applicable to this sale; and (3) the Mayor and Common Clerk be authorized to execute the necessary documents. September 28, 1998, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 14.1. Sale Of Property 5 Golden Grove Road On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the above report be received and filed and the recommendation therein be adopted. Councillor Titus asked if it were standard for the City to include the clause that the deposit be non-refundable except in the instance that the purchaser was unsuccessful in re-zoning the property and, upon being advised by Mr. Totten that this was not the City's standard procedure but, should the property not be re-zoned, Imperial Oil Limited was not interested in acquiring it and, while the City could have taken the position to not refund the deposit, that was not the case, Councillor Titus advised that, on that basis, he would not support the motion as the purchaser. being a big Company should take the risk if it wanted the property. Question being taken, the motion was carried with Councillor Titus voting "nay". 15. FCM - Call For Resolutions Board Of Directors MeetinQ On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the memorandum from the Federation of Canadian Municipalities calling for resolutions on subjects of national municipal interest for debate at the December 1998 meeting of FCM's Board of Directors, be received and Council members advise the City Manager of proposed resolutions for Council's consideration and submission to the FCM Board of Directors meeting. Councillor Titus asked that the City Manager look into the issue of tax consequences in municipal elections and Councillor Chase suggested that health care should be the subject of a resolution to FCM. Question being taken, the motion was carried. 16. A.M. (Bert) Chipman Re Economic Recoverv Of Lorneville Landfill Area On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that the letter from AM. (Bert) Chipman submitting a copy of a newspaper article on how to park a landfill in that this initiative by the City of Surrey, B.C., may stimulate imaginative thinking and ideas for the economic recovery of the Lorneville landfill area -- be referred to the City Manager. Question being taken, the motion was carried. 87 -211 COMMON COUNCIL SEPTEMBER 28, 1998 17. Vaughan Evans - Proposal For Canadian Cultural Projects Re Children And War On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Vaughan Evans submitting a copy of his proposal to the Ministry of Foreign Affairs for a Canadian Cultural Project about children and war -- be received and filed. Question being taken, the motion was carried. 18. Barbara Munroe - Extension Of Water Services RaQQed Point Road On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the letter from Barbara Munroe referring to questions asked during her August 24 presentation to Council regarding the extension of water services down Ragged Point Road, and asking an additional question from the September 22, 1998 newspaper article on the Mark Drive extension, with the request that this letter not just be received and filed as she expected and deserved answers to her questions and concerns -- be received and filed. The Mayor, in acknowledging receipt of Mrs. Munroe's questions as referenced in the above letter, advised that a response was just about ready to go out to her and she would call her tomorrow to advise her of this, and called for a motion to receive and file Mrs. Munroe's letter. Councillor Trites asked that Council members be provided a copy of the response to Mrs. Munroe as an information item; and Councillor Chase suggested that the Mayor and Mr. Groody should invite Mrs. Munroe to meet with them to discuss her concerns. Question being taken, the motion was carried. 19. Multicultural Association Of Saint John. Inc. Re Millennium Observance On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from Multicultural Association Of Saint John, Inc., advising that at a recent directors' meeting it was proposed to sponsor a community millennium committee but it was drawn to their attention that there may be a City-sponsored committee and, in view of the action by Council on September 8, 1998 authorizing the Mayor to take some action in relation to members of a committee, it was felt that a Council-sponsored committee would be preferred; and submitting, as terms of reference for any committee should be set out as a guide, a draft of possible terms of reference for Council's consideration -- be referred to the Mayor's Committee on the Millennium. Question being taken, the motion was carried. 20. John Cudmore Enterprises Inc. - Section 39 Amendment Re-ZoninQ 1120 Loch Lomond Road On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the application of John Cudmore Enterprises Inc. for an amendment to the Section 39 conditions of re-zoning of property at 1120 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, November 2, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 87-212 COMMON COUNCIL SEPTEMBER 28, 1998 *20A Proposed Section 39 Amendment To Re-ZoninQ 640 McAllister Drive Read a report from the City Manager referring to the re-zoning of 640 McAllister Drive at Council's September 12, 1988 meeting subject to a Section 39 agreement limiting the development of the property to the proposal submitted and which did not permit the placement of any poster panels on the property; advising that, when on September 18, 1998, Pattison Outdoor Advertising applied to erect two poster panel signs on the property, staff was not aware of this agreement and, as a result, Planning staff endorsed a building permit for the signs and the applicant was informed on September 18 that a permit had been issued; also advising that, although the applicant then proceeded to erect one of the signs off McAllister Drive, having been informed by staff of the error, ceased further activity to place the second poster panel on the property and applied for an amendment to the Section 39 agreement, which is under item 21 on the agenda of this meeting, and recommending that the application fee be waived under the circumstances. On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council waive the application fee for the application of Pattison Outdoor Advertising for a Section 39 amendment to the conditions of re-zoning of 640 McAllister Drive. Question being taken, the motion was carried. 21. Pattison Outdoor Advertising - Section 39 Amendment Re 640 McAllister Drive On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the application of Pattison Outdoor Advertising for an amendment to the Section 39 conditions of re-zoning of property at 640 McAllister Drive 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, November 2, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 22. Hughes Surveys & Consultants Ltd. On Behalf Of Digger Holdings Ltd. Re-ZoninQ 1954 ManawaQonish Road On motion of Councillor White Seconded by Councillor Trites RESOLVED that the application of Hughes Surveys & Consultants Ltd. on behalf of Digger Holdings Ltd. for re-zoning of property at 1954 Manawagonish 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, November 2, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. Cancellation Of October 13 Council Meeting To Allow For StrateQic PlanninQ Session On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the regular meeting of Common Council scheduled for Tuesday, October 13, 1998, be cancelled for the purpose of allowing Council to involve itself in a strategic planning session. Question being taken, the motion was carried. 87-213 COMMON COUNCIL SEPTEMBER 28, 1998 Adjournment On motion of Councillor Trites Seconded by Councillor White RESOLVED that this meeting be adjourned and a Committee of the Whole meeting of Council be held. Question being taken, the motion was carried. Common Clerk