1998-10-26_Minutes
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COMMON COUNCIL
OCTOBER 26, 1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-sixth day of October, AD, 1998, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, Fitzpatrick, Vincent and White
- and -
Messrs. P. Woods, Deputy City Manager; J. Nugent, City
Solicitor; A. Beckett, Commissioner of Finance and
Commissioner of Corporate Services; P. Groody, Commissioner
of Municipal Operations; W. Butler, Commissioner of Community
Services; S. Galbraith, Director of Works; J. Baird, Manager of
Community Planning; W. Edwards, Building Inspector; S. Lodhi,
Manager, Real Estate and Facility Management, G. Tait, Fire
Chief; C. Cogswell, Chief of Police; Ms. C. Mosher, Assistant
Common Clerk; and Mrs. J. Ferrar, Secretary.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order and Reverend James Fudge
of the First United Pentecostal Church and Chaplain of the Saint John Police Force
offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that minutes of the meeting of
Common Council, held on October 19, 1998, be approved.
Question being taken, the motion was carried.
* Added Item
On motion of Deputy Mayor Chase
Seconded by Councillor Vincent
RESOLVED that the City Manager's
recommendation regarding the property at 49 Mill Street, which was considered in
Committee of the Whole earlier this date under item 25, be added to the agenda of this
meeting as item 14A.
Question being taken, the motion was carried.
4. Mavor's Remarks
The Mayor proclaimed the month of November as CPR month, the week
of October 25 as Legacy Week, November 1 - 7 as Crime Prevention Week, and
October 26 - November 11 as Remembrance Week in the City of Saint John, noting the
commencement on this date of the 1998 Poppy Campaign. Councillor Ball commented
on the success of the Waterfront Conference held at the Trade and Convention Centre,
which was attended by individuals from Ontario, the Atlantic Provinces and the State of
Maine.
5. Re Fundy Region Solid
Waste Commjssjon - Veto Power
Read a letter from Councillor Chase, Council's representative on the
Fundy Region Solid Waste Commission, asking, in the event he wishes to exercise his
veto power, under what circumstances he can and what the implications would be, and
advising that, for the benefit of him and Council as a whole, he has requested the City
Solicitor to explain the veto process in relation to the Commission.
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OCTOBER 26, 1998
On motion of Councillor Chase
Seconded by Councillor Vincent
RESOLVED that the City Solicitor be
requested to explain the veto process in relation to the Fundy Region Solid Waste
Commission.
Question being taken, the motion was carried.
Mr. Nugent explained that in order for the Fundy Region Solid Waste
Commission to approve a budget, either operating or capital, the vote in favour must
satisfy two prerequisites: (1) it must be a vote by at least two thirds of the members of
the Commission who are present at the meeting at which the vote is held and; (2) those
voting in favour of the motion to approve the budget must represent at least two thirds of
the total population of all those persons represented by the members in attendance at
the meeting at which the vote is held. Mr. Nugent made the observation that, as long as
the City of Saint John represents more than two thirds of the total population of all the
citizens who are represented by its member on the Commission, then the City can be
assured an annual budget is not approved which is not supported by the member who
represents the City; however, as this is based upon the member representing the City of
Saint John being present, if this individual is not present then the City's participation
would be factored out of the vote. Mr. Nugent advised there are no provisions in the
legislation for this Commission to have an alternate member.
In response to a question raised by Councillor Chase, Mr. Nugent stated
that this voting process also applies to: (1) the election of a representative of the
Commission and; (2) the borrowing of money. Mayor McAlary expressed concern that
the City's representative on this Commission is not obligated to vote as Council may
wish which could limit the amount of authority the City has with regard to a budget
matter. Mr. Nugent noted that the Commission is obligated to give the City thirty days
notice before it votes on its budget during which time the City can review the budget
document.
On motion of Deputy Mayor Chase
Seconded by Councillor Fitzpatrick
RESOLVED the above letter from
Councillor Chase be received and filed.
Question being taken, the motion was carried.
3. Red Head Recreation Association
Re Land For Community Centre
Consideration was given to a letter from Natalie Dutchak advising a
number of the Red Head Recreation Association's reasons why a community centre is a
must for the area, and requesting permission to build in this area a centre similar to what
now exists in Lorneville and for Council to donate a parcel of land for the purpose of
negotiating with the owner of the land behind the store at Ocean Drive and Red Head
Road.
The Mayor welcomed citizens from the Red Head area, including Gary
Prosser, Natalie Dutchak and Vern Garnett; and Mr. Prosser made a presentation on
behalf of the Red Head Recreation Association citing numerous reasons why this area
should have a community centre and the benefits it would bring to the community; and
asked Common Council to direct staff to negotiate a land settlement with the owner of
the only parcel of land which the Recreation Association considered suitable for a
community centre, that located at the rear of the store on Ocean Drive.
Mayor McAlary commended the citizens of Red Head for their excellent
work on the ballfield.
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OCTOBER 26, 1998
On motion of Councillor Ball
Seconded by Councillor Court
RESOLVED that the presentation on behalf
of the Red Head Recreation Association requesting a parcel of land for the construction
of a community centre -- be referred to the City Manager.
(Councillor Fitzpatrick withdrew from the meeting.)
Question being taken, the motion was carried.
6. Concern About DOQ Attacks
On motion of Councillor Vincent
Seconded by Councillor White
RESOLVED that the report from the City
Manager responding to a concern at the September 28, 1998 Council meeting on the
matter of vicious dog attacks in the City; advising of the existing City policy when dog
bites or attempted dog bites are reported, as well as of the practice in Halifax, Nova
Scotia, Kitchener, Ontario, and Calgary, Alberta; and setting out options for Saint John
as set out in the Municipalities Act, the enabling legislation; and recommending that, in
the interest of public safety: (1) the City of Saint John in conjunction with the Animal
Rescue League will develop a public awareness strategy and aggressively pursue
licensing issues; (2) the Legal Department will review the options discussed in this report
and provide advice to the Building Inspector; and (3) this report be received and filed --
be received and filed and the recommendation adopted.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the motion was carried.
7. Zoning By-Law Amendment
To Establish Business Park Zone
Read a report from the City Manager referring to Council's adoption in
February 1998 of a new Part 2 of the Municipal Development Plan which incorporated a
new Business Park land use designation, as well as to Somerset Investments Ltd.'s
application for the redesignation of an area adjacent to Somerset Street and Rope Walk
Road to the new Business Park designation, and the anticipated receipt of at least one
other application for business park development in the near future for the area between
McAllister Place and Loch Lomond Road; advising that, as there is presently no specific
zoning category which implements the new Business Park concept, this concept will
need to be incorporated into the Zoning By-Law by the creation of a "BP" Business Park
zone category that can be used when specific developments are proposed, such as the
current and pending proposals mentioned above; and submitting a proposed
amendment to the Zoning By-Law which would establish the new "BP" zone.
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, the submitted proposed amendment to the Zoning By-Law, with regard to
the establishment of a "BP" Business Park zone, 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 30,
1998, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
8. HIP Application #76
On motion of Councillor Ball
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, Common Council approve the following Housing Incentive Program
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OCTOBER 26, 1998
application: HIP #76 - Gordon and Anne Graham for an estimated grant of $20,000 for a
development on Fishermans Lane.
Question being taken, the motion was carried.
9. Goals For Saint John - Report Card
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the report from the
City Manager submitting a 1998 Report Card on the Goals For Saint John adopted by
Council in 1989, Council at its October 5, 1998 meeting having asked for an evaluation
of the Goals and a determination as to the final outcome of each area targeted in
preparation for a renewed strategic planning initiative being considered by Council;
advising that, of the 79 actions identified in the Goals, 69 (87%) are completed or
continuing (where they are of an ongoing nature), and 10 are not done; suggesting that a
further evaluation would be to consider the current validity of each goal in terms of its
relevance to the current environment and its importance in warranting a commitment of
resources; and concluding that the Goals for Saint John document was initially designed
for a five-year time frame and there has been significant progress made in many areas
and new issues have emerged -- be received and filed.
Mr. Baird gave an overview of the 1998 Report Card on the Goals For
Saint John highlighting: tourism and cultural facilities as an important focus with the
development of the Imperial Theatre and Harbour Station; the completion of an
Infrastructure Needs and Market Potential Study for the Industrial Parks; a focus through
economic development on high growth industries such as plastics, metal work and
technology; the preparation of a waterfront development plan; controlling all forms of
pollution; development of low-cost housing; and the establishment of the Major Facilities
Commission.
(Councillor Vincent withdrew from the meeting during the above
comments.)
Question being taken, the motion was carried.
10. Re Request To Construct Retaining
Wall Unused RiQht-Of-Wav Somerset Street
The Mayor advised of staff's request that the City Manager's report in the
above regard be withdrawn from the agenda.
On motion of Deputy Mayor Chase
Seconded by Councillor Fitzpatrick
RESOLVED item 10 - the City
Manager's report on a request to construct a retaining wall in the unused right-of-way on
Somerset Street, be withdrawn from the agenda of this meeting.
Question being taken, the motion was carried.
(Councillor Vincent re-entered the meeting.)
11. Discharge Of Section 39 Agreements
Property At 450-500 Westmorland Road
Read a report from the City Solicitor referring on the submitted sketch to a
substantial area of land fronting on Westmorland Road, the re-zoning of which Council
gave third reading on September 28, 1998; also referring on the submitted sketch to two
portions of that area which had been previously re-zoned subject to separate Section 39
agreements, dated July 26, 1988 and October 15, 1990, setting out the terms and
conditions imposed by Council in connection with the re-zonings; and advising of the
request of the owner of the land dealt with by the September 28, 1998 zoning
enactment, Clearview Mobile Homes Ltd., for the City to release the two portions in
question from the 1988 and 1990 agreements as First Westmorland Shopping Centres
Limited, the developer of the shopping centre proposed for the area in question, wishes
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OCTOBER 26, 1998
the Registry Office records to be "clean" with respect to Section 39 agreements
respecting that property. The report comments further in this regard and submits an
appropriate resolution if Council were prepared to accede to Clearview's request.
On motion of Councillor Ball
Seconded by Councillor Court
RESOLVED that the Mayor and Common
Clerk be authorized to execute, pursuant to the provisions of Section 32(6) and 39(4) of
the Community Planning Act, a document discharging: (1) the Section 39 agreement
between the City and Clearview Mobile Homes Ltd. dated July 26, 1988; and (2) the
Section 39 agreement between the City and Clearview Mobile Homes Ltd., dated
October 15, 1990, insofar as it applies to the land shown darkly shaded on the plan
submitted to correspondence dated October 23, 1998 from the City Solicitor to Common
Council.
Question being taken, the motion was carried.
12(a) Municipal Plan Amendment And
(b) Re-ZoninQ 1245 Loch Lomond Road
12{a)
On motion of Councillor White
Seconded by Councillor Fitzpatrick
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-Law", by amending Schedule 2-A, the Future
Land Use Plan, and Section 2.4.7.15, by redesignating a parcel of land located at 1245
Loch Lomond Road, having a frontage of approximately 20 metres (66 feet) on the north
side of Loch Lomond Road and a total area of approximately 2.4 hectares (5.9 acres),
being portions of NBGIC Numbers 426460 and 434548, from Low Density Residential to
Light Industrial classification, as an Approved Exception, be read a third time and
enacted and the Corporate Common Seal be affixed thereto.
The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was
read in its entirety.
Question being taken, the motion was carried.
12{b)
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-481 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning redesignating a parcel of land located at 1245
Loch Lomond Road, having a frontage of approximately 20 metres (66 feet) on the north
side of Loch Lomond Road and a total area of approximately 2.4 hectares (5.9 acres),
being portions of NBGIC Numbers 426460 and 434548, from "RS-2" One- and Two-
Family Suburban Residential to "1-1" Light Industrial classification, be read a third time
and enacted and the Corporate Common Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to the following conditions: - (a) the use of the site is
limited to a contractor's yard and repair facility; (b) the floor area of all buildings on the
site is restricted to a maximum of 375 square metres; (c) the contractor's yard and
building(s) must be screened from neighbouring lands to the south and west by means
of a combination of fences, hedges and trees, in accordance with a detailed site plan to
be prepared by the proponent and subject to the approval of the Development Officer;
(d) the site plan mentioned in condition (c) above must be submitted for approval no later
than January 31, 1999, and the work shown on the site plan must be completed no later
than October 31, 1999; (e) the proponent must relocate the access driveway from Loch
Lomond Road to the contractor's yard and repair facility in accordance with the
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OCTOBER 26, 1998
applicant's proposal no later than October 31, 1999; and (f) the proponent must pave
with asphalt the access driveway mentioned in condition (e) above for the first 30 metres
(100 feet) north from Loch Lomond Road no later than October 31, 1999.
The by-law entitled, "By-Law Number C.P. 100-481 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.
13. Legal Session Resolution -
Rental Dispute City Hall BuildinQ
Read a letter from the Common Clerk submitting a Legal Session
resolution of October 19, 1998 with regard to the rental dispute, City Hall building.
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that the City Solicitor or his
designate is hereby directed to discontinue, without costs and without prejudice to its
recommencement, the legal action begun against Revenue Properties Company
Limited, 058854 N.B. Ltd. and Se-Fish Associates Limited:
AND FURTHER that the City Solicitor or his designate is hereby directed
to immediately recommence legal proceedings in the event that Common Council has
not approved a settlement of the rental dispute in issue on or before November 30,
1998.
Question being taken, the motion was carried.
14. Re Tabled Application Of Imperial Oil
Re-Zoning Of Property Corner Of
McAllister Drive & Golden Grove Road
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED the application of Imperial Oil (G.
Carl Brown) for the re-zoning of property at the corner of McAllister Drive and Golden
Grove Road, which was tabled at Common Council's meeting of October 5, 1998, be
taken from the table for consideration at this time.
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that the application of Imperial
Oil (G. Carl Brown) for the re-zoning of property at the corner of McAllister Drive and
Golden Grove 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 November 30, 1998 at 7:00 o'clock p.m.
Question being taken, the motion was carried.
*14A. Re 49 Mill Street
On motion of Councillor Ball
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, (1) Common Council amend the scheduled closing date for the sale of the
Red Rose Tea (Parcel 1) and Parking Lot (Parcel 2) sites to P.F. Moore Holdings Inc.
and Global Design & Construction Limited, to on or before November 6, 1998; (2) the
agreement of Purchase and Sale be amended by: A. Paragraph 15 - the purchase price
of $340,000 be deleted and the sum of $352,700 be substituted, making payable in the
following manner: (a) $5,000 as consideration for the October 1996 Option, the receipt of
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OCTOBER 26, 1998
which is acknowledged; (b) the balance $347,700 shall be paid as follows: (i) $107,700
on the date of closing; and (ii) $240,000 not later than the 20th anniversary of the
delivery of the deed of conveyance to the developer; B. Paragraph 16 - the amount
$340,000 where it appears be deleted and the amount $352,700 be substituted therefor,
and the amount $95,000 where it appears be deleted and the amount $107,700 be
substituted therefor; (3) the Schedule A-1 be deleted from that attached to the
Agreement of Purchase and Sale and Plan A-2, as submitted, be substituted therefor;
(4) all other terms and conditions and references in the Agreement of Purchase and Sale
shall remain the same; (5) the Common Clerk be authorized to sign the subdivision plan;
and (6) the Mayor and Common Clerk be authorized to execute the deed of conveyance.
Question being taken, the motion was carried with Councillor Fitzpatrick
voting "nay".
15. 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, October 19, 1998, when
there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase,
Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee
submits the following recommendation, namely:
1. That the Mayor and Common Clerk be authorized to execute an
amendment to the agreement of sale between the City and P.F. Moore Holdings Inc. and
Global Design and Construction Limited, dated October 1,1996, and as amended from
time to time, which amendment deletes in Article 17 the words: "...ten days from the date
of exercising of the option..." and substitutes therefor the words: "until 4:30 p.m. local
time on Monday, October 26, 1998".
October 26, 1998,
Saint John, N.B.
Respectfully submitted,
(sgd) Shirley McAlary,
C h air man.
15.1. Red Rose Tea Property
Councillor Vincent proposed a motion to receive and file the above report,
whereupon Mr. Nugent indicated that a decision of Council was required on this matter.
On motion of Councillor Vincent
Seconded by Councillor Court
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried with Councillor Fitzpatrick
voting "nay".
16. Campaign Co-Chair, Vice-President
Of FCM Re White Ribbon CampaiQn
On motion of Councillor Vincent
Seconded by Councillor Ball
RESOLVED that the letter from Jack Layton,
Co-Chair of The White Ribbon Campaign and Vice-President of the Federation of
Canadian Municipalities (FCM), submitting information on the 1998 White Ribbon
Campaign, with suggestions as to what Council can do this fall in support of the
Campaign -- be referred to Mayor McAlary.
Question being taken, the motion was carried.
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OCTOBER 26, 1998
17. Fundy Region Solid Waste
Commission - 1999 BudQet
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that the memorandum from the
Fundy Region Solid Waste Commission giving notice, pursuant to section 15.7(1) of the
Clean Environment Act, that the Commission will vote on the proposed budget on or
after Monday, November 23, 1998; and submitting a copy of the proposed Capital and
Operating budget for the fiscal year 1999 -- be referred to the City Manager and the
budget process.
During discussion Mayor McAlary noted her letter of invitation to the
Fundy Region Solid Waste Commission (copies of which were distributed to Council
members at this meeting) to attend the November 16, 1998 open session of Council for
a discussion on all aspects of waste development, and suggested that any questions in
this regard should be held until that time. In response to a question concerning tipping
fees, Councillor Chase advised that the fee for the first five years of operation is $71.00
per tonne; for the sixth through tenth year of operation $66.00 per tonne; for the eleventh
through fifteenth year of operation $59.00 per tonne and after fifteen years of operation
$44.00 per tonne
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Assistant Common Clerk