1999-01-11_Minutes
87-325
COMMON COUNCIL
JANUARY 11, 1999
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the eleventh day of January, AD., 1999, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, Fitzpatrick, 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; P. Woods, Deputy City Manager; J. C.
MacKinnon, Commissioner of Environment and Development
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; D. Logan, Purchasing Agent; P.
Hanlon, Manager of Water and Sewerage Services; B. Totten,
Works Superintendent; E. LeBlanc, Insurance and Claims Officer;
G. Tait, Fire Chief; 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 White
RESOLVED that minutes of the meeting of
Common Council, held on January 4, 1999, be approved.
Question being taken, the motion was carried.
3. Mayor's Remarks
Mayor McAlary, referring to a recent message of congratulations she
placed in the Saint John Times Globe newspaper to the Royal Antediluvian Order of
Buffaloes - G.I.P. on its 75th anniversary which inadvertently included names of former
Council members along with the current Council members, advised of her receipt of a
letter of apology from The Telegraph Journal-Times Globe newspaper company in this
regard. The Mayor advised of a Year 2000 Committee meeting to be held in the
Council Chamber at 7:00 o'clock p.m. on January 19, to which an invitation was
extended to a number of organizations and people in the community, and invited any
other people in the community who have an interest in doing an event or project for the
Year 2000 to attend this meeting.
* Added Item
The Mayor called for a motion to add to the agenda of this meeting a
Committee of the Whole recommendation of this date for appointments to the Planning
Advisory Committee.
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the above-mentioned
recommendation be added to the agenda of this meeting for consideration as item 3B.
Question being taken, the motion was carried.
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COMMON COUNCIL
JANUARY 11, 1999
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that the proposed re-zoning of
land at the corner of McAllister Drive and Golden Grove Road be added to the agenda of
this meeting for consideration as item 17 A.
The Mayor noted that a two-thirds majority vote of Council would be
required to add the above item, which was tabled at the last meeting, to the agenda.
(Councillor Vincent withdrew from the meeting.)
Question being taken, the motion was lost, a tie vote having been created
with Deputy Mayor Chase and Councillors Ball, Chase, Fitzpatrick and Trites voting
"nay".
(Councillor Vincent re-entered the meeting.)
On motion of Councillor Titus
Seconded by Deputy Mayor Chase
RESOLVED that item 18 on the
agenda of this meeting be brought forward for consideration at this time.
Question being taken, the motion was carried.
18. South Central Citizens Council Re
January 4 Presentation To Council
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
South Central Citizens Council expressing the view that an apology is due to the citizens
of Saint John and, specifically, to Dominick Eden further to his presentation to Common
Council on January 4, 1999 on behalf of the Citizens Council -- be received and filed.
Councillor Titus, in advising that his remarks at the last meeting were
directed at Deputy Mayor Chase to whom he subsequently apologized, apologized for
his words if somebody else was offended by them.
Question being taken, the motion was carried.
3A. Snow Control Plan
Read a letter from the City Manager advising that the presentation
requested at the last meeting on the snow control plan would be made at this meeting.
Mr. Groody, through a computerized presentation (copies of which were
distributed to Council members at this meeting) including photographs, explained the
City's snow control plan, and responded to questions in this regard.
(Councillor Titus withdrew from the meeting during the above
presentation. )
*3B. PlanninQ Advisory Committee Appointments
On motion of Deputy Mayor Chase
Seconded by Councillor Trites
RESOLVED that Joseph Mallette Jr. be
appointed and Tom Bayne and Donald F. Gillis be reappointed to the Planning Advisory
Committee for terms of three years.
Question being taken, the motion was carried.
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COMMON COUNCIL
JANUARY 11, 1999
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that item 17 on the agenda of
this meeting be brought forward for consideration at this time.
Question being taken, the motion was carried.
(Councillor Vincent withdrew from the meeting due to a possible conflict
of interest.)
17. Patterson Palmer Hunt Murphy
Re Extension Of Closing Date Of
Sale Of Property To Imperial Oil Limited
Consideration was given to a letter from Peter R. Forestell of the law firm
of Patterson Palmer Hunt Murphy, solicitors for Imperial Oil, referring to Council's tabling
at its last meeting of Imperial Oil's application for re-zoning of the property at the corner
of McAllister Drive and Golden Grove Road in that, accordingly, it would be in order for
Imperial Oil to request Common Council to agree to extend the closing date of the
property sale to on or before April 30, 1999 which should give Council plenty of time to
deal with the re-zoning application; and requesting the addition to the agenda of this
Council meeting of the matter of the extension of the closing date to a date on or before
April 30,1999.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the closing date for the
sale of the property on the corner of McAllister Drive and Golden Grove Road be
extended to April 30, 1999, as requested by Patterson Palmer Hunt Murphy, solicitors for
Imperial Oil Limited.
Councillor Court asked if the City had any need for the above property to
which Mr. Groody advised that, as reported to Planning staff during the planning
process, the City did not need the subject property now or in the future.
Question being taken, the motion was carried.
(Councillor Vincent re-entered the meeting.)
4. HIP #31
Consideration was given to a report from the City Manager regarding
Peter Robichaud's request for an extension of his Housing Incentive Program application
HIP #31 for a development on the corner of Russell Hill Road and River Hill Drive, the
City Solicitor in his report to Council on December 21, 1998 having suggested that, if
Council wished to approve a limited extension, it be made conditional on the third unit
having reached a stipulated stage of completion prior to the original March 3, 1999
deadline; advising that discussions with the applicant have indicated that, while the
foundation will be finished by March 3, 1999, there is presently a 60-day waiting period
for delivery of the modular unit for this site which should permit completion of the unit by
the end of May; and recommending an extension until May 31, 1999.
On motion of Deputy Mayor Chase
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council extend the time limit for completion of the third unit
in Housing Incentive Program application HIP #31 until May 31,1999, on condition that
the foundation has been completed and a copy of the confirmed order for the modular
unit is received by the Development Officer by March 3, 1999.
Question being taken, the motion was carried.
(Councillor Chase withdrew from the meeting.)
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5. HIP Applications #80 and #74
Read a report from the City Manager recommending approval of Housing
Incentive Application HIP #80, as well as an amendment to HIP #74, and advising, in the
latter regard, of Eastcan Trading Limited's request for two amendments to its application,
the October 19, 1998 approval for 19 additional units on Phase 4 having inadvertently
included two lots that are not available for development as they will serve as a temporary
turning area until the street is extended and Eastcan would also like to add one
additional lot that remained undeveloped in an earlier phase of the same development.
On motion of Deputy Mayor Chase
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, Common Council approve the following Housing Incentive Program
application: HIP #80 for Hazen Investments Limited for an estimated grant of $4,160 for
a development on Prince William Street; and further that approval be granted for an
amendment to Eastcan Trading Limited's Housing Incentive Program application HIP
#74 for 18 units in the Meadowland Subdivision.
Question being taken, the motion was carried.
6. 1999 Insurance
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Council accept the insurance package offered by Frank Cowan Company
Limited, and approve payments as follows: Frank Cowan Company Limited - $601,134;
Huestis Insurance Limited - $40,500, for a total of $641,634.
Question being taken, the motion was carried.
7. Agreement For Back-Up
Fire Protection - Point Lepreau
On motion of Deputy Mayor Chase
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Council approve a three-year agreement 1999-2002 between the City of
Saint John, N.B., and the New Brunswick Power Corporation for fire protection services
to the Point Lepreau Nuclear Generating Station and, prior to the official signing, the
submitted draft agreement be forwarded to the City Solicitor for review and input.
Question being taken, the motion was carried.
(Councillor Chase re-entered the meeting.)
Mr. Nugent advised that he would be submitting a report to Council on the
Y2K potential problem referenced in the above-proposed agreement.
8. Re Somerset Street
Consideration was given to a report from the City Manager referring to the
proposed Municipal Plan amendment and re-zoning of property at 899 Somerset Street,
to which Council gave first and second readings at the January 4, 1999 public hearing at
which time the Planning Advisory Committee recommended the widening to four lanes
and curbing of Somerset Street and Council requested staff to prepare a cost estimate in
this regard; and advising that the work, which has not been included in the
recommended 1999 Capital Program, could be added to the 2000 Program at an
estimated cost of $650,000, including storm sewer construction, rock excavation, road
widening, curb, sidewalk, and asphalt paving, and further that the estimated cost of
extending the four lanes to Millidge Avenue would be an additional $255,000, including
road widening, storm drainage improvements, curb, sidewalk and asphalt paving.
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COMMON COUNCIL
JANUARY 11, 1999
On motion of Councillor White
Seconded by Councillor Trites
RESOLVED that the above report from the
City Manager be received and filed.
Councillor Trites asked, as third reading of the proposed Municipal Plan
amendment and re-zoning of the property at 899 Somerset Street was tabled at the last
meeting pending the above report, if Council would be committing itself, in view of the
Planning Advisory Committee's recommendation to build a four-lane highway, to building
that road by passing third readings. Mr. Totten advised that it was not staff's intention, in
submitting the above report, to commit Council to that project in either of 1999 or 2000 or
delay third readings; and Mr. Nugent expressed the view that, as the Planning Advisory
Committee's recommendation was that Council consider the possibility of a four-lane
highway and it was not a term the Committee has the unilateral right to impose nor one
Council has to accept in order to proceed with the re-zoning, it was entirely a policy
matter for Council whether or not to construct the four lanes; and confirmed that Council
would not be committing itself by proceeding with third readings.
Question being taken, the motion was carried.
9(a) Municipal Plan Amendment &
(b) Re-ZoninQ 899 Somerset Street
9{a)
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future
Land Use Plan, a parcel of land with an area of approximately 62 acres, located at 899
Somerset Street, having frontages on Somerset Street, Rope Walk Road, Millidge
Avenue and Sussex Drive, also being a portion of NBGIC Number 55144109 and a
portion of NBGIC Number 415216, from Medium Density Residential to Business Park
classification, 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.
9{b)
On motion of Councillor White
Seconded by Councillor Desmond
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-487 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning zoning a parcel of land with an area of
approximately 62 acres, located at 899 Somerset Street, having frontages on Somerset
Street, Rope Walk Road, Millidge Avenue and Sussex Drive, also being a portion of
NBGIC Number 55144109 and a portion of NBGIC Number 415216, from "P" Park, "R-2"
One and Two-Family Residential, "RM-1" Three-Storey Multiple Residential and "RM-2"
High-Rise Multiple Residential to "BP" Business Park 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 business park subdivision which may include the following uses: assembly
and manufacture of electronic devices; banks and similar institutions; business office;
communication and telecommunications facility; commercial school; data processing
facility; daycare, nursery or kindergarten; laboratory or research centre; personal service
shop; printing or publishing service; post office or postal station; repair service shop;
retail store, as a secondary use to one of the permitted uses; restaurant; recreation
facility, gym or health club; warehouse, as a secondary use to one of the permitted uses;
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JANUARY 11, 1999
wholesale business or store; subject to Section 611 (2)(a) of the Zoning By-Law and such
other terms and conditions as may be imposed by the Committee, industrial service or
general manufacturing; (b) a buffer area with a minimum width of 10 metres, similar to
the buffer illustrated on the tentative subdivision plan dated November 1998, must be
maintained around the perimeter of the business park, and such buffer must be
maintained in its undisturbed natural state or, if disturbed, must be landscaped with
grass, shrubs and trees, and this condition does not prevent the placement of access
driveways, pedestrian walkways and municipal services and utility easements across the
buffer area; (c) notwithstanding condition (b), no driveway access is permitted from Rope
Walk Road, Millidge Avenue or Sussex Drive to any lot in the business park; and (d) no
lot shall be developed, except in accordance with a detailed drainage plan prepared by
the proponent and subject to the approval of the Chief City Engineer, and a detailed site
plan prepared by the proponent and subject to the approval of the Development Officer,
illustrating all buildings, structures, landscaped areas, natural buffer areas, paved
parking and driveways, concrete curbing, exterior lighting and signs, and other site
features.
The by-law entitled, "By-Law Number C.P. 100-487 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.
10. Zoning By-Law Amendment To
Re-Zone 28 Richmond Street
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-488 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 28 Richmond Street,
having an area of approximately 3,036 square metres (32,680 square feet), also
identified as NBGIC Number 12799, from "IL-1" Neighbourhood Institutional to "B-2"
General Business 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. 100-488 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.
11. 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, January 4, 1999, 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 recommendations, namely:
1. That Fred Fuller be reappointed to Saint John Non-Profit Housing Inc. for
a three-year term.
2. That Councillor Stephen Chase and Councillor Carl White be appointed
as liaison Councillors for the Local 771, IAFF, Saint John Fire Fighters' Association
Labour-Management Committee.
3. That Deputy Mayor Derek Chase be appointed to the Greater Saint John
Economic Development Commission Inc. for a term of three years.
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COMMON COUNCIL
JANUARY 11, 1999
January 11, 1999,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
11.1. Appointment - Saint John
Non-Profit HousinQ Inc.
On motion of Councillor Ball
Seconded by Councillor Court
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
11.2. Appointments - Local 771, IAFF
Labour-ManaQement Committee
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
11.3. Appointment - Greater Saint John
Economic Development Commission
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that section 3 of the above
report be adopted. (Rescinded February 8, 1999 Bk 87 pg. 359 )
Question being taken, the motion was carried.
12. Planning Advisory Committee
Subdivision - 899 Somerset Street
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council (1) assent to one or more subdivision
plans, in one or more phases, of 899 Somerset Street, with respect to the vesting of
Technology Drive and Spectrum Court as public streets, together with any necessary
municipal services easements and public utility easements; and (2) authorize the
execution of one or more City/developer subdivision agreements with respect to the
proposal.
Question being taken, the motion was carried.
13. Saint John Art Advisory Board
Re Deep See Visual Arts Fest
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the letter from the Saint
John Art Advisory Board submitting a proposed outline of the plans for a Street Festival -
Deep See - The Visual Arts for everyone, to be held May 1 to 9, 1999 to promote a week
of visual arts within the Uptown area; and requesting the closure, from 7:00 a.m.,
Saturday, May 8 until 7:00 a.m., Sunday, May 9, of the first block of Canterbury Street
from the beginning of King Street to the corner of Princess and Canterbury Streets, as
well as the closure of the Church Street alley from the top of Germain Street to the
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JANUARY 11, 1999
bottom of Prince William Street, and the closure of the new parking lot located beside
the IL Fornello Restaurant -- be referred to the City Manager and the Parking
Commission.
Question being taken, the motion was carried.
14. Saint John Development Corporation
FundinQ For Additional Work Re Study
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the letter from the Saint John
Development Corporation requesting, in connection with the Waterfront Strategic Plan
being prepared by Malone Given Parsons, additional funding of $8,000 to cover the
City's share of additional work associated with a Bay of Fundy Discovery Centre study --
be referred to the City Manager.
Question being taken, the motion was carried.
15. The Rotary Club Of Saint John, N.B., Re
Appointment To Saint John Non-Profit HousinQ
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from The
Rotary Club of Saint John, N.B., advising of its nomination of Mr. J.C. Robert Lockhart to
be one of the two Rotary members on the Board of Directors of Saint John Non-Profit
Housing Inc. -- be received and filed and the appointment be approved.
Question being taken, the motion was carried.
16. Eric L. Teed - Millennium Projects
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the letter from Eric L. Teed
putting forth ideas as to how the community could make a fitting observance of the
forthcoming Millennium; and suggesting that these ideas be referred to staff for a report
on the feasibility of the concepts or forwarded to whomever Council feels is appropriate,
or otherwise inform him what should or could be done -- be referred to the January 19,
1999 meeting of the Year 2000 Committee.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
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