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1998-11-30_Minutes 87 -280 COMMON COUNCIL NOVEMBER 30, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth day of November, AD., 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; C. Cogswell, 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 offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on November 23, 1998, be approved. Question being taken, the motion was carried. 3(a) Section 39 And Zoning By-Law Amendments Lansdowne Avenue The Common Clerk advised that the necessary advertising was completed with regard to (i) a proposed amendment to the Section 39 conditions imposed on the "B-2" General Business re-zoning of parcels of land located at 66-80 and 86-88 Lansdowne Avenue (NBGIC Numbers 371187,371153,371138 and 371120), to permit a revised proposal; and (ii) the proposed re-zoning of a parcel of land located at 82-84 Lansdowne Avenue (NBGIC Numbers 371146 and 55092167), having an area of approximately 390 square metres (4,200 square feet), from "R-4" Four-Family Residential to "B-2" General Business classification, to permit the use of the property extending from 66 to 90 Lansdowne Avenue for retail use and to develop a parking lot, as requested by Lloyd Parker, and no written objections were received in this regard, with Mfl a letter having been received from the applicant requesting to withdraw the application. 3{b) Consideration was given to a report from the Planning Advisory Committee advising that it did not consider the above application at its November 24 meeting as the applicant had submitted a letter requesting that it be withdrawn; and recommending that the application be received and filed. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the application of Lloyd Parker for an amendment to the Section 39 conditions of re-zoning of land located at 66- 80 and 86-88 Lansdowne Avenue and the re-zoning of land located at 82-84 Lansdowne Avenue be withdrawn, as requested by the applicant. Question being taken, the motion was carried. 87-281 COMMON COUNCIL NOVEMBER 30, 1998 4(a) Zoning By-Law Amendment To Re-Zone 270 Proud Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 270 Proud Road (NBGIC Number 55122618), having an area of approximately 1.23 hectares (3 acres), from "RF" Rural to "RFM" Rural Mobile Home classification, to subdivide the existing parcel of land into two lots, and place a mobile home on one of these new lots, as requested by Malcolm Peters, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's November 24 meeting at which Harold McCarty expressed support for the staff recommendation which also involves the initiation of the process to re-zone all the land within 152 metres (500 feet) of Proud Road from "RF" Rural to "RFM" Rural Mobile Home classification which would allow property owners to place other mobile homes on individual lots; and recommending that Common Council (1) amend the City of Saint John Zoning By-Law by re-zoning a parcel of land located at 270 Proud Road (NBGIC Number 55122618), from "RF" Rural to "RFM" Rural Mobile Home classification; and (2) initiate the process that would re-zone all the land within 152 metres (500 feet) of Proud Road from "RF" Rural to "RFM" Rural Mobile Home classification by authorizing the necessary advertising and referring the matter to the Planning Advisory Committee for a report and recommendation. Vernon McCarty of 235 Proud Road, appearing in support of the proposed re-zoning, expressed agreement with the above recommendation. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 270 Proud Road (NBGIC Number 55122618), from "RF" Rural to "RFM" Rural Mobile Home classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 270 Proud Road (NBGIC Number 55122618), from "RF" Rural to "RFM" Rural Mobile Home classification, 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 Desmond Seconded by Councillor Court RESOLVED that the proposed re-zoning of all the land within 152 metres (500 feet) of Proud Road from "RF" Rural to "RFM" Rural Mobile Home classification 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, January 18, 1998, at 7:00 o'clock p.m. Mr. Baird, in response to questions on the portion of Proud Road believed to be in Federal Government ownership, advised that ninety per cent of the Road on which the additional properties are located is owned by the municipality; and explained 87 -282 COMMON COUNCIL NOVEMBER 30, 1998 that, as much of Old Black River Road is presently zoned for mobile homes and a number of spot re-zonings have occurred, staff took the initiative, in conjunction with the application for the re-zoning of 270 Proud Road, to poll the neighbourhood to see if there were any concerns in the above regard, and there were not, and proceeding as above would save the individual property owners the bother and expense of going through individual applications to re-zone their specific properties. Question being taken, the motion was carried. 5(a) Zoning By-Law Text Amendment To Create "BP" Business Park Zone The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to (1) add "business park" to the list of zones in Section 30(1),"BP" to the list of zones in Section 30(6), Section 611 setting out the uses, conditions of use, and zone standards for the Business Park "BP" zone, Section 840(3)(m) regarding signs permitted in a "BP" zone, and Section 870(5) regarding areas to be landscaped in a "BP" zone; (2) amend Section 870(4) by inserting the words ", other than a "BP" zone", immediately after the words "In all '1' zones"; and (3) renumber Sections 870(5) as 870(6), 870(6) as 870(7) and replacing the words "Subsection (5)" with the words "Subsection (6)", 870(7) and 870(8) and replacing the words "Subsections (1) to (4)" with the words "Subsections (1) to (5)", and 870(8) as 870(9), to establish a specific zone category for business park developments, with no specific properties to be re-zoned to this new zone at this time, as requested by the City of Saint John, and no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's November 24 meeting at which Steve Cronk, a resident of Mark Drive, raised concerns with respect to the proposed zone standards for landscaping, building design and rear yard setback, as well as the range of uses that would be permitted by the proposed zone provisions, and expressed the opinion that there should be additional standards and restrictions in situations where a residential area abuts or overlooks a business park area, and staff noted that there would be an opportunity for Council to impose conditions with respect to additional buffering, setbacks and site improvements, when deemed necessary, when specific properties are considered for re-zoning to this new zone; and recommending that Common Council amend the Zoning By-Law as set out herein. Steve Cronk of 199 Mark Drive, appearing before Council in opposition and clarifying that he was not against the amendment, expressed concern, if a business park were located behind Mark Drive, about the 7.5-metre minimum rear yard standards and buffer zone, outside storage of materials, and the location of loading docks. On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding the "BP" Business Park zone, be read a first time. Mr. Baird advised that staff had discussed Mr. Cronk's issues of concern with him, noting the two opportunities for these issues to be addressed when are-zoning application was presented with respect to, for example, what has been referred to as the McAllister Business Park, the first being that the property to be re-zoned to Business Park could stop short of immediate rear property lines leaving an intervening strip of land that could in and itself act as a buffer and be outside of the business park, and the second being Section 39 terms and conditions that Council could consider. 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. 87 -283 COMMON COUNCIL NOVEMBER 30, 1998 On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding the "BP" Business Park zone, 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. 6. Mavor's Remarks Mayor McAlary proclaimed December 1 to be World AIDS Day, and the month of December to be Lung Awareness Month in the City of Saint John, the latter in support of the New Brunswick Lung Association's 91 st Annual Christmas Seal Campaign; and noted the forthcoming Mayor's Tree Lighting Ceremony at Loyalist Plaza on December 4. Note was also made a forthcoming CBC and Imperial Theatre celebration of New Brunswick talent on December 11 and 12, with CBC televising for the first time from the Imperial Theatre. 7. Re The Boys & Girls Club Of Saint John Inc. Request For PartnerinQ In PlaVQround Development Read a report from the City Manager responding, with a recommendation, to the request to Council on October 19 of The Boys & Girls Club of Saint John Inc. for the City to cost share in the equipment expansion of its existing playground constructed to CSA Standards on the Boys & Girls Club property on Paul Harris Street; and submitting a motion passed by the Club's Board of Directors stating that the playground shall at all times be open for the recreational use and enjoyment of the general public in that the land for the proposed playground is privately-owned. The Mayor noted that the City Manager submitted a new report in the above regard setting out a revised recommendation. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council authorize that the City of Saint John contribute up to $12,674 from the Land for Public Purposes Trust Fund for the purchase of equipment in The Saint John Boys & Girls Club Inc. (the Club) playground development at 1 Paul Harris Street, provided that the Club enters into an agreement with the City which provides that the playground shall be open at all times for the recreational use and enjoyment of the general public, that the Club shall be responsible for all maintenance and repair of the equipment, that the Club shall maintain public liability insurance in the amount of one million dollars with the City as a named co-insured, and that the Mayor and Common Clerk be authorized to execute the agreement. Question being taken, the motion was carried. 8. Zoning By-Law Amendment To Re-Zone Land Adjacent To 570 Rothesav Avenue On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager advising that the Planning Advisory Committee tabled the application for the proposed re-zoning of property adjacent to 570 Rothesay Avenue, located at the corner of McAllister Drive and Golden Grove Road, for which the public hearing was scheduled for this meeting of Common Council and that, under Common Council policy, the November 30, 1998 public hearing will be cancelled and a new public hearing will be scheduled -- be received and filed and a new public hearing be scheduled for Monday, January 4, 1999, at 7:00 o'clock p.m. 87 -284 COMMON COUNCIL NOVEMBER 30, 1998 Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) 9. Legal Session Resolution Re Lot 97-1. Paradise Row Read a letter from the Common Clerk citing a resolution adopted in Legal Session of Council on November 23, 1998, regarding Lot 97-1, Paradise Row. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the following resolution be adopted, namely: WHEREAS Common Council by resolution of October 20,1997 as amended by resolution of November 17,1997 accepted the proposal of Blair Construction Ltd. for the purchase and development of Lot 97-1 fronting on Paradise Rowand Millidge Street: AND WHEREAS the deadline for the closing of the conveyance to Blair Construction Ltd. of Lot 97-1 has passed without the closing having occurred: THEREFORE BE IT RESOLVED that the City Manager is hereby authorized to publicly advertise a proposal call for the sale and development of Lot 97-1 fronting on Paradise Rowand Millidge Street. Question being taken, the motion was carried. (Deputy Mayor Chase re-entered the meeting.) 10. Harbour Station Commission Operational & Fiscal HiQhliQhts On motion of Councillor White Seconded by Councillor Trites RESOLVED that the letter from the Harbour Station Commission submitting a synopsis of the operational and fiscal highlights for the first eleven months of 1998 under the new guidelines of the Saint John Regional Facilities Commission -- be received and filed. Question being taken, the motion was carried. 11. Jane Barry, MLA Saint John Lancaster Re New Brunswick Trail (Saint John) On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Jane Barry, MLA Saint John Lancaster, thanking Council and City staff for their continuing interest in the New Brunswick Trail through Saint John; and proposing that, once the budget process has concluded, Council receive a presentation from David L.E. Peterson, the Provincial Chair of the New Brunswick Trails Group -- be received and Council hear a presentation early in 1999. Question being taken, the motion was carried. 87 -285 COMMON COUNCIL NOVEMBER 30, 1998 12. Knights Of Columbus Council 937 Re Nativitv Scene In KinQ's Square On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that letter from the Knights of Columbus Council 937 requesting permission to place a Nativity Scene in King's Square during the Christmas Season, and asking for direction on how to proceed since its unit requires electrical hook-up from civic hydro -- be received and filed and permission be granted. Question being taken, the motion was carried. 13. First Night Saint John Re Use Of Council Chamber On motion of Deputy Mayor Chase Seconded by Councillor Titus RESOLVED that the letter from First Night Saint John requesting the use of the Council Chamber on the evening of December 31, 1998 -- be received and filed and the request be granted. Question being taken, the motion was carried. 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