2000-03-06_Minutes
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COMMON COUNCIL
MARCH 6, 2000
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the sixth day of March, AD., 2000, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Fitzpatrick, Trites, Vincent and White
- and -
Messrs. P. Woods, Deputy City Manager; J. Nugent, City
Solicitor; J. C. MacKinnon, Commissioner of Environment and
Development Services; P. Groody, Commissioner of Municipal
Operations; S. Galbraith, Director of Works; J. Baird, Manager of
Community Planning; W. Edwards, Building Inspector; S. Lodhi,
Manager of Real Estate and Facility Management; D. Logan,
Purchasing Agent; 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 Rev. Stephen McMullin of
Main Street Baptist Church offered the opening prayer.
2. Approval of Minutes
On motion of Deputy Mayor Chase
Seconded by Councillor Vincent
RESOLVED that minutes of the meeting of
Common Council, held on February 21,2000, be approved.
Question being taken, the motion was carried.
5. Mayor's Remarks
Mayor McAlary proclaimed March 2000 as Red Cross Month in the City of
Saint John and recognized Teri Levine of The Canadian Red Cross Society who
commented on the door-to-door funding-raising campaign to be carried out in March,
and introduced "Buckles", a Red Cross mascot who distributed information packages to
the Mayor and Councillors.
3(a) Zoning By-law Amendment To
Re-Zone 233 Lancaster Street
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 233
Lancaster Street (NBGIC Number 366518), having an area of approximately 465 square
metres (5,000 square feet), from R-2" One and Two Family Residential to "R-4" Four
Family Residential classification, to allow the building to be legally used as a four-unit
dwelling, as requested by Dante Foriere, and 3{c) copies of two letters in opposition to
the proposed re-zoning were received from Dr. M.E. Mooney.
3{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and four letters against the
proposed re-zoning considered at the Committee's February 29 meeting at which Gerry
Webster appeared in support of the application on behalf of the applicant; and
recommending that Common Council not re-zone the property at 233 Lancaster Avenue
to "R-4" Four Family Residential classification.
Gerry Webster, appearing on behalf of Dante Foriere in support of the
application, advised of work completed by Mr. Foriere on the subject property prior to
being ordered by the City to stop, and that there were some minor deficiencies which the
Building Inspector had advised were still to be done, mostly pertaining to the difference
between a two- and a four-family house. Mr. Webster made the observation that the
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subject property was in an area surrounded by apartment buildings, bed-and-breakfast
operations, and one or two small commercial entities; and referenced are-zoning
application in 1996 for the subject property. Mr. Webster also advised of vandalism that
occurred after the applicant emptied two of the apartments, having been ordered by the
City to cease using the building for a four-unit dwelling; and explained that, as the
vandalism stopped when the applicant subsequently re-rented the two apartments, he
did not want to re-empty them because of his fear that there would be vandalism again,
thus the application to re-zone the subject property to reflect four units in the building in
an effort to bring this to a conclusion. Mr. Webster also advised of the applicant's
willingness to comply with all the requests of the Building Inspection Department and to
post security if the City wanted to ensure that the work was done.
During discussion Mr. Webster concurred with the Mayor's observation
that, if Council were to re-zone the subject property, there would be very little change in
the neighbourhood because there were already four families living in the building on the
subject property, other than the use would be legal and the applicant would have to
finalize the deficiencies in regards to building inspection; and Councillor Fitzpatrick,
noting the reference in Planning staff's report to a January 24, 2000 court date and the
subsequent receipt on January 14, 2000 of the application for re-zoning and to the
applicant's disregard for the regulations of the Zoning By-law and Building Code,
expressed concern about the message Council would be giving in approving are-zoning
in view of the latter.
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, insofar as it concerns re-zoning a parcel of
land located at 233 Lancaster Street (NBGIC Number 366518), having an area of
approximately 465 square metres (5,000 square feet), from "R-2" One and Two Family
Residential to "R-4" Four Family Residential classification, be read a first time.
Mr. Baird, having noted the reason for the failure of third reading of the
proposed re-zoning of the subject property in the 1996 application as outlined in
Planning staff's report to the Planning Advisory Committee, compared the situation in the
context of the neighbourhood in 1996 and the current application, and explained that the
new factor involved the difficulty of a situation from an enforcement perspective for a
number of years and the applicant's inability to meet the requirements of the Planning
Advisory Committee and existing by-laws as they existed at the time, which affected
where Planning staff ended up in terms of its recommendation as it was a problem not
only from the perspective of not meeting requirements for the number of units but also
because site improvements and paving of the parking area, which could have been done
at any time, were not, and some of the Building Code issues came about as a result of
the building being used as a four-family versus a two-family unit. Mr. Edwards
addressed the issue of deficiencies relating to the National Building Code on the basis
that, while relatively minor in terms of the cost to repair them, they were important issues
in terms of having to be done, relating to fire separations and exiting safety throughout
the building. In response to Councillor Court's questions on enforcement to ensure that
the situation of 1996 was not repeated if the re-zoning were approved, Mr. Edwards
suggested that, as most of the outstanding deficiencies with the exception of the paving
of the parking lot could be attended to before the April 17, 2000 court date and if the City
had a cash deposit or security for the latter, if the conditions were not met prior to the
court date the re-zoning would not be effective and the City would proceed to court; and
he confirmed that, if the re-zoning were denied, the applicant would have to close down
two of the apartments. Mr. Nugent addressed the matter of enforcing the various
deficiencies or concerns in terms of the need to respect the various jurisdictions and
various parties and officials involved; for example, the Planning Advisory Committee's
jurisdiction with respect to granting variances for parking and landscaping as referenced
in Planning staff's report and the Committee's ability under the Community Planning Act
to enforce terms and conditions without Council taking any positive action and which, in
his view, Council had no jurisdiction to do. With regard to the issue of deficiencies
mentioned by the Building Inspector in terms of fire separation and similar issues, Mr.
Nugent advised that, as he presumed these were Building Code issues and thus
Building By-law enforcement issues, similarly the City had the authority, with Council
having to take no positive action, to enforce those infractions if indeed there were
violations with which to proceed; and, concerning security from the property owner,
expressed the view that it would not be appropriate for Council to impose this if it were
with respect to the issues with which the Planning Advisory has dealt or issues the
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Building Inspector can deal with under the Building By-law; and expressed the belief that
all the concerns mentioned could be enforced with the existing arrangements in place,
thus it would be his recommendation, in terms of simplicity and in the true interest of
achieving what was wanted, that Council deal with the zoning issue and leave the other
issues to find their own way to resolution if pursued. Councillor Fitzpatrick asked the
onus on Council, now having been advised by Mr. Edwards of the deficiencies with
regard to the subject property, if the applicant did not comply, to which Mr. Nugent spoke
again in terms of the regular jurisdiction of the various bodies, Council's role at this time
being to deal with the land use issue, and expressed the view that Council should not be
saying no to the proposed re-zoning because of Building Code infractions, and Mr.
Edwards clarified that the deficiencies he noted, for the most part, would not be
deficiencies if the building remained a two-family dwelling, and the court date in question
was strictly for the zoning issue. Councillor Fitzpatrick expressed concern that not only
did the owner have total disregard for the City's Zoning By-law and its rules and
regulations but he seemed to have total disregard for the safety of the tenants now living
in the subject building as well. Mr. Edwards confirmed Councillor Court's indication that,
if Council approved the proposed re-zoning, the matter would not proceed to the Court of
Queen's Bench and, in response to Councillor Court's concern that there was no
guarantee that any of the deficiencies would be fixed and the possibility of the City being
liable should a fatality occur from a fire for example, Mr. Edwards advised that, if the re-
zoning were approved and the owner did not make the other adjustments necessary
under the Building By-law, the courts were available in that regard as well and the matter
would be pursued. Councillor Vincent asked if Mr. Edwards, as the Building Inspector,
had a comfort zone in view of the conditions that existed now in the subject building
which has four apartments to which Mr. Edwards indicated that he did not.
Question being taken, the motion was carried with Councillors Court,
Fitzpatrick and Vincent voting "nay".
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 Deputy Mayor Chase
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 233 Lancaster Street (NBGIC Number 366518), having an area of
approximately 465 square metres (5,000 square feet), from "R-2" One and Two Family
Residential to "R-4" Four Family Residential classification, be read a second time.
Question being taken, the motion was carried with Councillors Court,
Fitzpatrick and Vincent voting "nay".
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Deputy Mayor Chase
Seconded by Councillor White
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
4(a) Amendment To Section 39 Conditions
Of Re-ZoninQ Of 189 Waterloo Street
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed amendment to the Section 39 conditions imposed
on the September 29, 1986 re-zoning of the property situated at 189 Waterloo Street
(Old General Hospital site - NBGIC Numbers 14514, 55048334, 16139, 16121, 16113,
16105, 14530, 14522 and 13326), to permit the development of an approximately
1 0,500-square-foot building for office and service/repair activities on a new lot, as
requested by Matrix Properties Inc., and no written objections were received in this
regard.
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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
February 29 meeting at which Rick Turner of Hughes Surveys and Consultants and
Gerry Webster of Matrix Properties Inc. addressed the Committee on behalf of the
applicant, and Bernardine Patterson of Delhi Street expressed concerns about parking
and the effect of the construction work on her building; and setting out a
recommendation to amend the Section 39 conditions.
Gerry Webster, appearing in support of the proposed amendment, noted
that the proposed building would be the second to be built on the Old General Hospital
site in the location of the old Interns' Residence overlooking City Road at the corner of
Delhi Street, and utilizing land with which it was very difficult to do anything else; and
offered to respond to questions in this regard.
In response to the Mayor's question as to the availability of a sketch of the
proposed building, Mr. Webster indicated that all that was available was the copy of the
architect's rendering provided with the above correspondence, and described the
building proposed, being of similar-type material as that in the current building, although
with the Danka colours.
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council amend the conditions attached to
the September 29, 1986 re-zoning of the property situated at 189 Waterloo Street
(NBGIC Numbers 14514, 55048334, 16139, 16121, 16113, 16105, 14530, 14522 and
13326), as amended on September 20, 1999, to permit the development of the proposed
office/service building on a separate lot, subject to the following conditions: (a) the use of
the building is limited to the proposed one-storey office/service building for an office
equipment sales and service company, with a maximum office area of approximately
4,000 square feet and a maximum total area of approximately 10,500 square feet; (b)
development of the site must be in accordance with a detailed site plan, to be prepared
by the proponent, indicating building location, parking and loading facilities, vehicular
and pedestrian circulation areas, emergency access and exit routes, and landscaping;
(c) no development may occur until the Development Officer approves the site plan
mentioned in (b); (d) the number of off-street parking and loading spaces, and the size,
number and location of signs for the development must meet the Zoning By-law's
requirements for the "B-2" General Business zone; (e) all parking and vehicular
circulation areas must be paved with asphalt and enclosed by cast-in-place concrete
curbs; (f) all utilities, including power and telephone, must be underground in the same
trench as the water and sewer laterals unless, in the opinion of the Development Officer,
the installation of underground power and telephone is not feasible, in which case power
and telephone may be placed overhead; and (g) all work shown on the approved site
plan, except final landscaping work, must be completed prior to occupancy of the
building, and landscaping must be completed no later than one year after approval of the
first building permit for the development.
Councillor Chase commented further to an explanation in Planning staff's
report as to why there was little opportunity for the Development Officer to have input
into the building design and materials for the Phase 1 office building already on the site
in question; and advised that he wanted two things before he would cast support for the
second building, (1) something to be proud of, not a pre-designed steel building, keeping
in mind the prominent site being built on; and (2) substantial changes to the fayade of
the building now under construction, whether it was larger windows, brick all the way or
both, as something had to be done. Councillor Fitzpatrick asked if there could be a
change in siding from the metal siding proposed to which Mr. Baird expressed the belief
that it was within Council's purview to impose terms and conditions with respect to the
design of the building. Councillor Fitzpatrick asked if it would be worthwhile to table this
matter for a few weeks for staff to get together with the developer in order to have
different siding and a more attractive building on that particular site, to which Mr. Baird
replied that, if Council so wished, staff could meet with the developer and come back
with a recommendation. Councillor Court advised that, if the developer did not take
advice or input from City staff, he would have difficulty supporting a second building on
the subject site. Councillor Trites spoke in terms of the probability of attracting a
signature office building to the site in question, and his suggestion that an A-class office-
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space-type building should occur in the downtown area of the City as such development
could not be had in every corner and sector of the City; and noted that the site in
question, which was a tough piece of land to develop, was now being utilized and
providing an income to the City of Saint John. Deputy Mayor Chase indicated his
support of the latter comments, noting the importance of growing the City's tax base.
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that the above matter be laid on
the table and referred back to staff.
Question being taken, the tabling motion was lost with the Mayor, Deputy
Mayor Chase and Councillors Ball, Chase, Trites and Vincent voting "nay".
Question being taken, the original motion was lost with Councillors
Chase, Court, Fitzpatrick, Vincent and White voting "nay".
The Mayor asked if another motion was forthcoming, and Councillor Court
proposed that the matter be laid on the table so staff could get sufficient information from
the developer and come back to Council whereupon Councillor Trites asked how Council
could table a defeated motion, and the Mayor noted that a tabling motion had just been
defeated, having been the first motion made by Councillor Fitzpatrick. A referral motion
was suggested, as was a motion to reconsider, and Mr. Nugent advised that, as the last
motion voted upon to adopt the recommendation was defeated, that disposed of the
issue before Council and, as to a motion to reconsider the decision last made, he could
review that if Council wished to recess for a moment. Mrs. Munford confirmed that a
motion to reconsider would have to be proposed by someone on the prevailing side and,
as to whether or not Council could subsequently reconsider the recommendation if that
were done, Mr. Nugent advised that he was not prepared to give an opinion in that
respect at this time, although if Council wanted to recess for a few moments he would
review the rules. Councillor Trites proposed a motion, which was seconded by
Councillor Vincent, to withdraw the original motion to adopt the Planning Advisory
Committee's recommendation, whereupon the Mayor asked who had seconded the
original motion and Mrs. Munford advised that, as the original motion had been voted on,
it could not be withdrawn.
On motion of Councillor Vincent
Seconded by Councillor Court
RESOLVED that Council reconsider the
motion.
Question being taken, the motion was carried.
Mrs. Munford confirmed that the motion to reconsider was proper, and
advised that she would defer to the City Solicitor as to whether the topic under
discussion could be reconsidered. The Mayor asked if a motion could be brought
forward, and if the recommendation could be moved again.
On motion of Councillor Vincent
Seconded by Councillor Court
RESOLVED that item 4 on the agenda of
this meeting be tabled for staff to provide further information.
Question being taken, the tabling motion was carried with the Mayor
voting "nay".
5A. Loyalist City HeritaQe Festival
Consideration was given to a letter from the Donald MacKenzie, Vice-
President, and Carolyn M. Barker, Coordinator and Treasurer, of Loyalist City Heritage
Festival, providing a list of its Board members and committees with chair persons in
place so far, and advising that they would be pleased to attend the general meeting of
Council on this date if it were convenient to do so.
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A representative of the Loyalist City Heritage Festival addressed Council
on fund-raising events and activities scheduled to date for the Festival which was
scheduled for July 9 t015, 2000, asked the Mayor to declare a week in support of this
event, and advised the intent, six weeks from this date, for a delegation to appear before
Council at which time a financial statement for the Festival would be available.
5. Mayor's Remarks
Mayor McAlary proclaimed March 2000 as National Kidney Month, and
March 5 to 11, 2000, as Dental Assistants Recognition Week, in the City of Saint John;
and extended condolences to Deputy Fire Chief Rob Simonds and his family on the
death of his father, John Frederick Simonds who passed away on March 4, 2000.
6. Tender For New Works Depot - East
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that item 6 on the agenda
of this meeting, being the City Manager's report regarding the tender for a new Works
Depot - East be withdrawn from the agenda.
Question being taken, the motion was carried.
7. Grant Of Easement For
Encroachment On Mill Street
Read a report from the City Manager submitting correspondence from the
Legal Department advising of a request for a grant of easement permitting the
encroachment of the building at 49 Mill Street upon Mill Street; and recommending
adoption of the resolution as set out herein.
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that the Mayor and
Common Clerk be authorized, in consideration of the sum of one dollar ($1.00), to
execute the grant of easement in favour of Red Rose Financial Inc. to permit the
encroachment of its building at 49 Mill Street upon the said Mill Street, such easement to
terminate with the destruction or removal of such encroachment.
(Councillor Vincent withdrew from the meeting.)
Question being taken, the motion was carried.
8. Application For Re-Zoning Of City-
Owned Lands In Moore Street Area
Read a report from the City Manager advising of the Common Clerk's
receipt of an application from LSO Enterprises Incorporated requesting a Municipal Plan
amendment and re-zoning of portions of City-owned property along the south side of
Moore Street and two other parcels of land which were formerly part of the Osborne
Avenue and Moore Street public street rights-of-way, such lands being under agreement
of purchase and sale to LSO Enterprises Incorporated; and recommending that, as an
application for re-zoning must include authorization of the owner, Common Council give
its authorization concerning the inclusion of the subject lands in this re-zoning
application.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council authorize LSO Enterprises Incorporated to make the
necessary application in order to re-zone Parcels "A", "B", "C" and "0", as illustrated on
the submitted photo-reduced subdivision plan, having a combined area of approximately
3464 square metres (37,287 square feet), also identified as being former portions of
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Osborne Avenue and Moore Street public street rights-of-way and portions of NBGIC
Number 00028258, from "P" Park to "RM-1" Three Storey Multiple Residential
classification.
Councillor Court raised a concern about the width of Moore Street
whereupon Councillor Trites raised a point of order on the basis that Council, in adopting
the above recommendation, would only be giving authorization for are-zoning
application and other issues would come back during the public hearing process.
Question being taken, the motion was carried.
9. Application For Re-Zoning Of City-
Owned Land 1099 Kennebecasis Drive
Consideration was given to a report from the City Manager referring to the
application of Maber & Somerville Joint Venture Ltd. for the re-zoning of property at 1099
Kennebecasis Drive, on the agenda of this meeting under item 20; advising that, as this
portion of City property is under agreement of purchase and sale to the developer, the
application for re-zoning must include authorization of the owner; and recommending
that Common Council give its authorization concerning the inclusion of the subject land
involved in this application.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council authorize Maber & Somerville Joint Venture Ltd. to
make the necessary application in order to re-zone the subject site at 1099
Kennebecasis Drive as illustrated on the submitted diagrams, having an approximate
area of 5640 square metres (60,710 square feet), also being identified as the front
portion of NBGIC Number 00049460, from "US" Utility and Service to "R-1A" One Family
Residential classification.
Question being taken, the motion was carried.
13. 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, February 21, 2000, when
there were present Mayor McAlary, Deputy Mayor Chase and Councillors Chase, Court,
Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the
following recommendation, namely:
1. That as recommended by the City Manager, Common Council subdivide
and sell a 1.4:t acre portion of NBGIC Number 49460 at 1099 Kennebecasis Drive (as
generally shown on the submitted plan) to Maber and Somerville Joint Venture Ltd. for
the purchase price of $73,150 + HST (if applicable), and the Mayor and Common Clerk
be authorized to execute the required documents.
March 6, 2000,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
13.1. Subdivision & Sale Of 1099 Kennebecasis Drive
On motion of Councillor White
Seconded by Councillor Trites
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
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Question being taken, the motion was carried.
20. Maber & Somerville Joint Venture Ltd.
Re-ZoninQ 1099 Kennebecasis Drive
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that the application of
Maber & Somerville Joint Venture Ltd. for the re-zoning of property located at 1099
Kennebecasis Drive be referred to the Planning Advisory Committee for a report and
recommendation and that the necessary advertising be authorized in this regard, with
the public hearing to be held on Monday, April 17, 2000, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
10. Street Name ChanQes
Consideration was given to a report from the City Manager
recommending two street name changes further to the City's confirmation, assignment
and verification, under the 9-1-1 Civic Address Program.
On motion of Deputy Mayor Chase
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, Common Council (a) rename that portion of Acamac Backland Road lying
west of Highway 7 to Crane Mountain Road; and (b) rename Lakewood Avenue
Extension to Bing Avenue.
Question being taken, the motion was carried.
11. Traffic By-law Amendment
ParkinQ On Cranston Avenue
Read a report from the City Solicitor submitting for Council's consideration
of third reading a proposed amendment to the Traffic By-law restricting parking on the
east side of Cranston Avenue between Sixth and Thornbrough Streets, which was given
first and second readings on February 21, 2000.
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that the by-law entitled, "A By-
law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made
Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with
regard to parking on Cranston Avenue, be read a third time and enacted and the
Corporate Common Seal be affixed thereto.
(Councillor Vincent re-entered the meeting.)
The by-law law entitled, "A By-law To Amend A By-law Respecting Traffic
On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle
Act, 1973, And Amendments Thereto", was read in its entirety.
Question being taken, the motion was carried.
(Councillor Ball withdrew from the meeting as he was not present for the
February 21, 2000 public hearing for the proposed Municipal Plan amendment and re-
zoning of property located at 300 Boars Head Road.)
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12(a) Municipal Plan Amendment And
(b) Re-ZoninQ 300 Boars Head Road
12{a)
On motion of Councillor White
Seconded by Councillor Court
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 3.5 acres, located at 300
Boars Head Road (NBGIC Numbers 51854 and 286146), from Business Park to Low
Density Residential 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.
12{b)
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number C.P.100-525 A Law To Amend The Zoning By-law Of The City Of Saint John",
insofar as it concerns re-zoning a parcel of land with an area of approximately 3.5 acres,
located at 300 Boars Head Road (NBGIC Numbers 51854 and 286146), from "l-R"
Restricted Industrial to "IL-1" Neighbourhood Institutional 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 resolution be subject to the following conditions: (a) the developer
must pave all parking areas, loading areas, manoeuvring areas and driveways with
asphalt; (b) all paved areas must be enclosed with continuous cast-in-place concrete
curbs in order to protect the landscaped areas and to facilitate proper drainage; (c)
adjacent site drainage facilities (including catch basins, where necessary) must be
provided by the developer in accordance with a detailed drainage plan, prepared by the
developer and subject to the approval of the Chief City Engineer or his designate; (d) all
utilities, including power, telephone and television cable, must be provided underground
by the developer; (e) the developer must install a street curb and sidewalk along the
Woodward Avenue frontage and a street curb along the Boars Head Road frontage
(dropped at driveway entrances), and all new curb and sidewalk shall be cast-in-place
concrete as per current City specifications; (f) the developer must landscape all areas of
the site not occupied by buildings, driveways, walkways, parking or loading areas, and
the landscaping must extend onto the Woodward Avenue and Boars Head Road street
rights-of-way to the edge of the street curb/sidewalk; (g) the site shall not be developed
except in accordance with a detailed site plan and building elevation plans, prepared by
the developer and subject to the approval of the Development Officer, indicating all
buildings, parking areas, driveways, loading areas, free-standing signs, exterior lighting,
landscaped areas and other site features, and the approved site plan must be attached
to the application for building permit for the development; and (h) the developer must
complete all site improvements and street work shown on the approved site, drainage
and elevation plans within one year of building permit approval.
The by-law entitled, "By-law Number C.P.100-525 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 Ball re-entered the meeting.)
14. Committee Of The Whole Report
Read the report of the Committee of the Whole
(as follows)
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COMMON COUNCIL
MARCH 6, 2000
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on Monday, February 28, 2000, 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 Councillor Bernard Desmond be appointed to the Power
Commission of the City of Saint John for a term to expire February 15, 2003.
March 6, 2000,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
14..1. Appointment To Power Commission
On motion of Councillor Trites
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 Deputy Mayor Chase
and Councillor Fitzpatrick voting "nay".
15. Alexander Robertson Re
Harbour Facilities For Small Craft
On motion of Councillor Vincent
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from
Alexander Robertson commenting on the following three goals of the strategic waterfront
plan received by the Saint John Development Corporation: (1) floating dock in Market
Slip; (2) public use of HMCS Brunswicker dock, and (3) Long Wharf Slip small craft
launch; and suggesting improvements to Harbour facilities for small craft that, in his
view, are needed and should be carried out for this approaching season, be referred to
the Saint John Development Corporation.
Question being taken, the motion was carried.
16. People Against Sunday Shopping
Request To Appear Before Council
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that the letter from People
Against Sunday Shopping (P.A.S.S.) requesting an opportunity to appear before Council
to make a brief presentation on P.A.S.S. and its goals, be received and filed.
Question being taken, the motion was carried.
17. Mary J. GallaQher - Bar On Prince William Street
On motion of Deputy Mayor Chase
Seconded by Councillor White
RESOLVED that the letter from Mary J.
Gallagher expressing agreement with Mayor McAlary that the bar on Prince William
Street is not wanted and is certainly operating in violation of municipal by-laws, and
adding her name to the list of protesters, be received and filed.
Question being taken, the motion was carried.
87 -890
COMMON COUNCIL
MARCH 6, 2000
18. Saint John Real Estate Board Inc.
Re HousinQ Incentive ProQram
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that the correspondence from
Saint John Real Estate Board Inc. advising, in response to the news items regarding the
City of Saint John and its possible elimination of the Housing Incentive Program grants
to developers and builders, there was agreement by all the Board's Directors that, if the
City follows through with its plan of discontinuing HIP grants, this will result in reduced
activity in new home construction in the City of Saint John, be received and filed.
Question being taken, the motion was carried.
19. Horst Sauerteig Re Community
Environmental MonitorinQ AQreement
On motion of Councillor Chase
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Horst
Sauerteig commenting on several aspects of the community environmental monitoring
agreement between the Fundy Region Solid Waste Commission and the Fundy Future
Environment Benefits Council, be referred to the Fundy Region Solid Waste Commission
and the Fundy Future Environment Benefits Council.
The Mayor noted that another letter was received from Mr. Saurteig
further to that above (copies of which were distributed to Council members on this date).
Question being taken, the motion was carried.
21. Saint John Board Of Trade
Re Cruise Ship Industrv
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
Saint John Board of Trade in support of the outstanding efforts made by the Cruise Ship
Committee and the Saint John Port Authority in attracting cruise ships and passengers
to the City; listing things which should be done to ensure the long-term future of the
cruise ship industry in Saint John; and expressing the view that the City of Saint John
can help directly by improving and beautifying the Water Street area and encouraging
uptown retailers (including City Market merchants) to have flexible hours during the
cruise ship/tourist season, be referred to the City Manager.
It was noted that, as the Board of Trade and Uptown Saint John represent
the business community, staff should have communication with these groups with regard
to the exchange rate and hours of operation, and referral of the above letter to the
Cruise Saint John Committee was suggested, and the City Manager was asked to look
at a section of Water Street which was understood to be non-accessible to wheelchairs.
Question being taken, the motion was carried.
Adjournment
On motion, the meeting adjourned.
Common Clerk