2000-04-03_Minutes
87 -907
COMMON COUNCIL
APRIL 3, 2000
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the third day of April, A.D., 2000, at 7:10 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Ball, Court, Desmond, Titus, Trites, Vincent and
White
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A.
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; J. C. MacKinnon, Commissioner of
Environment and Development Services; P. Groody,
Commissioner of Municipal Operations; W. Butler, Commissioner
of Community Services; S. Galbraith, Director of Works; J. Baird,
Manager of Community Planning; W. Edwards, Building
Inspector; E. Giffin, Senior Project Engineer, Municipal
Operations; G. Tait, Fire Chief; A. Bodechon, Deputy Chief of
Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher,
Assistant Common Clerk.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order, and Rev. Wally Corey offered
the opening prayer.
2. Approval of Minutes
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that minutes of the meeting of
Common Council, held on March 20, 2000, be approved.
Question being taken, the motion was carried.
6. Mavor's Remarks
Mayor McAlary welcomed to the meeting two representatives of the
Canadian Cancer Society, who addressed Council on the Daffodil Campaign to be held
this month, April being Cancer Awareness Month, and presented the Mayor with a
bouquet of daffodils.
3(a) Zoning By-law Amendment To
Re-Zone 1045 Rothesav Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of (a) two portions of a parcel of land
located at 1045 Rothesay Road (portions of NBGIC Number 296798), having a total
area of approximately 829 square metres, from "1-1" Light Industrial to "RS-2" One and
Two Family Suburban Residential classification, and (b) an approximately 54-square-
metre portion of the same parcel of land from "RS-2" One and Two Family Suburban
Residential to "1-1" Light Industrial classification, to adjust the boundary between the
residential and industrial zone and to permit the residential property at 3 Drury Cove
Road to be enlarged, as requested by Leroy D. Hatfield, and no written objections were
received in this regard.
3{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
March 28, 2000 meeting at which the applicant expressed agreement with the staff
recommendation; and recommending that Common Council re-zone (a) two portions of a
parcel of land located at 1045 Rothesay Road, also identified as being portions of
NBGIC Number 296798, having a total area of approximately 829 square metres, from
87 -908
COMMON COUNCIL
APRIL 3, 2000
"1-1" Light Industrial to "RS-2" One and Two Family Suburban Residential classification;
and (b) an approximately 54-square metre portion of the same parcel of land, from "RS-
2" One and Two Family Suburban Residential to "1-1" Light Industrial classification.
Leroy Hatfield of 3 Drury Cove Road appeared in support of his
application, and advised that he was satisfied with what has happened so far in this
regard.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning (a) two portions
of a parcel of land located at 1045 Rothesay Road (portions of NBGIC Number 296798),
having a total area of approximately 829 square metres, from "1-1" Light Industrial to
"RS-2" One and Two Family Suburban Residential classification, and (b) an
approximately 54-square-metre portion of the same parcel of land, from "RS-2" One and
Two Family Suburban Residential to "1-1" Light Industrial 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 Vincent
Seconded by Councillor Trites
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning (a) two portions
of a parcel of land located at 1045 Rothesay Road (portions of NBGIC Number 296798),
having a total area of approximately 829 square metres, from "1-1" Light Industrial to
"RS-2" One and Two Family Suburban Residential classification, and (b) an
approximately 54-square-metre portion of the same parcel of land, from "RS-2" One and
Two Family Suburban Residential to "1-1" Light Industrial 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.
4. Municipal Plan Amendment
Property in Moore Street Area
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2-A, the Future Land Use Plan, parcels of land with a total
area of approximately 3464 square metres (37,287 square feet), situated in the Moore
Street area, also identified as being former portions of the Osborne Avenue and Moore
Street public rights-of-way and portions of NBGIC Number 00028258, to permit the re-
zoning of the subject lands in order to permit a development consisting of approximately
eleven townhouse units, as requested by LSO Enterprises Inc.
5. Municipal Plan Amendment (Peninsula
NeiQhbourhood Plan) &152-154 Waterloo Street
Public presentation was made of a proposed Municipal Plan amendment
to amend Policy 2.1.3 of Part 10 (Peninsula Neighbourhood Plan), adding Policy 2.1.4 to
Part 10, and redesignating on Schedule 2-C, from Medium Density Residential to
Approved Commercial Development classification, a parcel of land located at 152-154
Waterloo Street, to permit re-zoning of the subject parcel of land, from "RM-IF" Multiple
Residentiallnfill to "B-2" General Business classification and the subsequent
establishment of a retail store specializing in coins, collectibles and jewellery, within the
existing building, as requested by Mr. & Mrs. Brian Bell.
87 -909
COMMON COUNCIL
APRIL 3, 2000
6. Mavor's Remarks
Mayor McAlary proclaimed April 6, 2000 as Tartan Day in recognition of
the major role Scottish immigrants and their descendants have played in the
development of Canadian, New Brunswick and Saint John identity; and also proclaimed
April 9-16, 2000 as Parkinson Awareness Week and April 2000 as Parkinson Awareness
Month in the City of Saint John.
7. MeetinQ With Federal I Provincial Departments
Read a letter from Councillor Ball advising that he would like to discuss
the issue of meeting with appropriate Federal and Provincial Government politicians and
officials to pursue the City's concerns and priorities.
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that the City Manager set up a
series of meetings between the Mayor, members of Council and senior staff with those
ministers and senior officers of the Federal and Provincial Government departments that
must be involved with the City's priorities for positive development, such developments
including infrastructure, environment, waterfront development, industrial parks and
tourism, to name a few, all of which represent great economic development opportunities
for the City of Saint John, its citizens and the surrounding regions.
Question being taken, the motion was carried.
8. Review And Study Of Current Telephone System
Consideration was given to a report from the City Manager advising that,
further to the March 20, 2000 referral of the matter of a review and study of the current
telephone system and the reference to a recent study of Saint John Energy's telephone
system that would result in substantial savings to the utility, the City and its agencies
continue to participate and benefit from inclusion in the Province of New Brunswick's
Business Class Service Program through NBTel which resulted in estimated annual
savings to the City on a go-forward basis of $33,123, and the City has been advised by
the Province that, effective January 1, 2000, its long distance charges have again been
reduced by 8% and the cost of voice mail has been reduced by 20%. The report also
advises that, in addition to this initiative, the City in 1999 successfully convinced NBTel
to address the cost of its cellular communications which reduced the City's cost for
cellular service and will realize additional cellular savings in 2000 and higher savings as
usage of the National Account Analogue Rate Plan grows; explains why, having
entertained with NBTel discussions on a number of occasions on the feasibility of
purchasing the hardware as opposed to renting it from NBTel, it does not appear that a
tender call for the supply of hardware would result in substantial savings, and in staff's
estimation the negative impact of any move towards self-sufficiency would far outweigh
any perceived gains; and concludes that staff will prepare a report, for Council's
information, upon completion of another review of the City's service and requirements
later this year.
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the above report from the
City Manager be received and filed.
Question being taken, the motion was carried.
9. Resolution For Cities Of New Brunswick
Association Re HST On Domestic EnerQV CharQes
Read a report from the City Manager setting out a resolution, further to Council's
last meeting, which is recommended for adoption for submission to the upcoming Cities
of New Brunswick Association meeting, with the understanding that City staff will
endeavour to provide Council members with estimates of the financial consequences of
such a policy prior to the meeting.
87-910
COMMON COUNCIL
APRIL 3, 2000
On motion of Councillor Court
Seconded by Councillor Desmond
RESOLVED that the following resolution
be adopted and submitted to the Resolutions Committee of the Cities of New Brunswick
Association:
WHEREAS domestic energy consumption is a necessity of life for New
Brunswick families; and
WHEREAS domestic energy consumption costs are an expensive cost per family
for all New Brunswickers; and
WHEREAS taxes are an important component in the price structure of domestic
energy consumed by New Brunswickers:
THEREFORE BE IT RESOLVED that the Common Council of the City of Saint
John refer a request to the Cities of New Brunswick Association to have the HST
component eliminated in all domestic energy consumed by families including
electrical, wood, oil and gas, for domestic consumption.
Question being taken, the motion was carried.
10. HIP Applications #103 to #108
Consideration was given to a report from the City Manager noting the
previous approval of 103 Housing Incentive Program applications for a total of 784 units,
and the two previously approved applications for a total of 24 units with estimated grants
totalling $116,000 this year; listing additional applications, #103 through #108 inclusive,
which were received during the period when Council was reviewing the Program, all of
which meet the criteria of the Program as approved by Common Council on April 21,
1996; explaining that HIP #104 is the third application for Maber & Somerville Joint
Ventures Ltd., which has successfully built a number of units under the Program, and will
involve those lots that remain vacant at the end of the earlier application; and also
explaining why it would reasonable to approve Ellerdale Investments HIP application
#106 for a maximum of 15 units and a grant of $102,000, as well why approval is
recommended for Saint John Non Profit Housing Inc.'s HIP application #107 even
though construction has begun; and advising that, with the above change, these
applications have the potential of creating 52 units over the next two years, and that the
estimated total grants to be paid would be $314,800 for the applications being
considered in this report for a total for applications approved this year of $430,800.
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, Common Council approve the following Housing Incentive Program
applications: (1) HIP #103 - Canterbury Investments for an estimated grant of $38,400
for a development at 29 Somerset Street; (2) HIP #104 - Maber & Somerville Joint
Ventures Ltd. for an estimated grant of $130,000 for a development in Kennebecasis
Bay Subdivision; (3) HIP #105 - John and Kathleen Parks for an estimated grant of
$12,800 for a development at 1280 Sand Cove Road; (4) HIP #106 - Ellerdale
Investments for an estimated grant of $102,000 for a development at the Fountains of
Westgate Subdivision; (5) HIP #107 - Saint John Non Profit Housing Inc. for an
estimated grant of $16,000 for a development at 40-44 St. James Street; and (6) HIP
#108 - Adele M. Chown for an estimated grant of $16,000 for a development at 98
Prince William Street.
Question being taken, the motion was carried.
11. HousinQ Incentive ProQram Revisions
Read a report from the City Manager reviewing the success of the
Housing Incentive Program (HIP) in meeting its goals to increase the City's market share
in housing starts and assessment increase, types of units eligible, payback and financial
obligation, and evaluating its continuing need and the potential for modifications to it
87 -911
COMMON COUNCIL
APRIL 3, 2000
based on the types of development, the grant percentage, the maximum grant, and a
cap on obligations; and setting out a recommendation based on this review and
evaluation.
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Council modify the Housing Incentive Program as adopted by Council on
April 22, 1996 as follows (a) limit the total value of grants approved in any year to a level
established by Council for the calendar year; (b) the amount established for 2000 shall
be $500,000; (c) limit the maximum number of units per application to 15; (d) require that
all developments have a minimum of 5 dwelling units; (e) reduce the grant payable to
7% of the increase in assessment; (f) consider all developments started prior to Council
approval ineligible; and (g) all applications received prior to Council approval of the
above Program changes will be considered on the basis of the Program as it existed at
that time.
Councillor Titus advised his intent to oppose the above motion on the
basis that the City could not afford the Housing Incentive Program, and the sooner the
City got rid of it, the better.
Question being taken, the motion was carried with Councillor Titus voting
"nay".
12. Designation Of Building Inspector
For Enforcement ProceedinQs
Consideration was given to a report from the City Manager advising that,
although in March 1999 a Provincial Court judge issued an Order to Robert Jennings to
bring the property at 182 St. James Street into compliance with the by-laws, Mr.
Jennings has not complied with the Court Order and the building at 182 St. James Street
continues to deteriorate, currently not meeting over 100 of the requirements of the City's
Minimum Property Standards By-law and the New Brunswick Maintenance and
Occupancy Code for Residential Purposes; listing the violations which present a safety
and/or health hazard to persons occupying the building and to other persons entering
into it; and recommending adoption of the resolution as set out herein designating the
Building Inspector to initiate and proceed with an application of the Court of Queen's
Bench in order to pursue alleged violations.
On motion of Councillor Titus
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, the following resolution be adopted, namely:
WHEREAS Mr. William Edwards, P. Eng., is the Building Inspector and the
Standards Officer for The City of Saint John and is responsible for the
enforcement of such by-laws as the City's Building By-law and its Minimum
Property Standards By-law,
AND WHEREAS Mr. Edwards has advised, among other things, that:
(1) the building (herein referred to as "the Jennings building") that is located
at 182 St. James Street, Saint John, N.B. (New Brunswick Geographical
Information Corporation parcel number 2030) is owned by Robert L.
Jennings and Ruth E. Jennings, and
(2) the Jennings building has for several years been used as an apartment
building, and
(3) the Jennings building continues to not meet over 100 of the requirements
of the Minimum Property Standards By-law of The City of Saint John
and/or the New Brunswick Maintenance and Occupancy Code For
Residential Properties, notwithstanding the fact that a compliance order
was issued to Robert Jennings by a Judge of the Provincial Court of New
Brunswick in March of 1999 and compliance letters and orders were sent
by the members of the City's Building & Technical Services Department,
87-912
COMMON COUNCIL
APRIL 3, 2000
AND WHEREAS Mr. Edwards has further advised that the Jennings building
continues to deteriorate and that the following violations of the aforesaid By-law
and Code present a safety and/or health hazard to persons occupying the
Jennings building and to other persons entering into it:
(i) the roof of the building is leaking,
(ii) there are inadequate exterior garbage receptacles,
(iii) the plaster of many of the ceilings is falling,
(iv) there are an insufficient number of smoke detectors,
(v) some of the smoke detectors that are in the building are not properly
located,
(vi) there is exposed electrical wiring, missing switch plate covers, and an
over-fused electrical panel,
(vii) the second and third floor hallways are obstructed with various items,
(viii) there is an odor of sewer gas in one of the units,
(ix) there is insufficient toilet facilities in one of the units,
(x) the heating system in some units is not working properly,
(xi) some of the rear exit stairways have inadequate lighting,
(xii) one of the units is not properly identified,
(xiii) some of the bedroom windows in the building do not open,
(xiv) in some units, the passage sets on doors to exit pathways are missing or
broken,
AND WHEREAS Mr. Edwards has requested authority to apply to the Court of
Queen's Bench of New Brunswick for an order that:
(1) will require Robert L. Jennings and Ruth E. Jennings to have the
Jennings building vacated within 30 days after the service of the order
(unless in the meantime the aforesaid safety and/or health violations have
been remedied), and to keep the Jennings building vacated and secured
against unauthorized entry until the aforesaid safety and/or health
violation have been remedied; and
(2) will require Robert L. Jennings and Ruth E. Jennings to have all other
outstanding violations of the aforesaid By-law and Code remedied within
such time or times as the judge may direct; and
(3) will require Robert L. Jennings and Ruth E. Jennings to pay court costs
and disbursements to The City of Saint John in such an amount as the
judge may consider appropriate:
THEREFORE BE IT RESOLVED that Mr. William Edwards is hereby designated
and authorized to make an application on behalf of The City of Saint John to the
Court of Queen's Bench of New Brunswick, pursuant to the authority of the
Municipalities Act of New Brunswick, for the aforesaid order.
Question being taken, the motion was carried.
13. Closure & Sale Of Portion Of Saint Clair Avenue
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the report from the City
Manager advising of a request by the owners of properties that abut the unused portion
of Saint Clair Avenue to purchase parcels of the street to enlarge their respective
properties; also advising that the total area of undeveloped street is approximately 1,081
square metres which slopes down toward Greenhead Road, and the City owns a
property at the end of the existing travelled portion of Saint Clair Avenue that could be
developed as a turn-around should the need arise; and recommending that Council: (a)
authorize the Common Clerk to advertise notice of the City's intention to consider a by-
law to stop up and close that portion of Saint Clair Avenue containing 1081 square
metres more or less as shown on the submitted map; (b) in the event the above portion
of Saint Clair Avenue is stopped up and closed, authorize to sell Parcel A to Ms. Paula
Cosgrove for $1,260, sell Parcel B to Mrs. Ida LeBlanc for $2,280 and sell Parcel C to
Ms. Nicole Rousselle for $2,100, with each of the above to pay 1/3 of the City's legal and
survey cost to a maximum of $1,000 each; and (c) accept a deposit of $500 from each
purchaser prior to publication of notice, be received and filed and the recommendation
adopted.
87-913
COMMON COUNCIL
APRIL 3, 2000
Question being taken, the motion was carried.
(Councillor Vincent withdrew from the meeting as he was not present for
the January 24, 2000 public hearing for the proposed re-zoning of property at 257 and
273 Mark Drive and 641 Loch Lomond Road.)
14. Zoning By-law Amendment - Property At
257 & 273 Mark Drive, 641 Loch Lomond Road
Consideration was given to a report from the City Manager regarding the
application of Silver Falls Park Development Company Limited for the re-zoning of
property at 257 and 273 Mark Drive and 641 Loch Lomond Road, Council having tabled
first reading at the public hearing in this regard on January 24, 2000 pending further
negotiations for participation in the Business Park Development Incentive Program;
advising that, after considerable negotiations on the matter of servicing and extension of
the improvements along that portion of the Mark Drive by-pass road traversing the
applicant's land, staff has obtained an agreement from Silver Falls Park Development
Company Limited to participate in the servicing of a portion of the by-pass road
(Commerce Drive); and recommending that Common Council (1) approve in principle
Silver Falls Park Development Company Limited's proposal to financially participate in
the servicing of the Mark Drive by-pas road as generally outlined in the letter from John
G. Riley submitted herewith; and (2) take from the table and give first and second
readings to the re-zoning application of Silver Falls Park Development Company Limited,
tabled at the meeting of January 24, 2000 and, upon third reading of the Zoning By-law
amendment, adopt the following resolution: "RESOLVED that Common Council rezone
various parcels of land located at 257 Mark Drive, 273 Mark Drive and 641 Loch Lomond
Road, having an area of approximately 6 hectares (15 acres), also identified as being
NBGIC #313155,55123509 and part of 424440, from "R-2" One and Two Family
Residential and "RM-1" Three Storey Multiple Residential to "BP" Business Park,
pursuant to Section 39 of the Community Planning Act setting out the following
conditions:
a) The use of the rezoned area is limited to the applicant's proposal to develop a
business park subdivision;
b) No lot in the proposed Business Park 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.
c) No lot in the proposed Business Park shall be developed, except in accordance
with a detailed site plan and detailed elevation plans, prepared by the proponent and
subject to the approval of the Development Officer, illustrating all buildings, structures,
landscaped areas, parking areas, driveways, exterior lighting, signs and other site
features.
d) The plans mentioned in (b) and (c) above must be attached to the building permit
application for the development to which it applies, but not including any permit for site
preparation or foundation.
e) All parking areas, loading areas and driveways must be paved with asphalt and
enclosed with continuous cast-in-place concrete curbs.
f) All areas of the site not occupied by buildings, structures, parking areas, loading
areas and driveways must be landscaped, and the landscaping must extend into the
street right-of-way to the edge of the developed street.
g) Prior to a building permit being sought for development of any lot, the developer
must extend all required services including municipal water, sewer, storm sewer,
telephone and power and street lighting to the lot. Where the existing overhead utility
lines exist on the section of Mark Drive between Martha Avenue and Loch Lomond
Road, such overhead lines must be replaced by underground or rear-lot overhead lines
at the developer's expense.
h) Prior to a building permit being sought for development of any lot, the developer
must either:
(1) in accordance with detailed plans to be prepared by the developer and
subject to the approval of the Chief City Engineer, install concrete curb and
sidewalk meeting City specifications along the frontage of the lot (dropped at
driveway entrances), together with necessary asphalt pavement between the
edge of the curb and the existing paved surface of the street; or
(2) provide security to the City in an amount to be determined by the Chief City
Engineer, based on City specifications, to ensure the completion of the work
described in subparagraph (1) above prior to occupancy of the building.
i) In addition to the above conditions, the following conditions apply specifically to
that portion of the proposed Business Park lying between the proposed City-owned
87-914
COMMON COUNCIL
APRIL 3, 2000
buffer area adjacent to Silver Falls Park subdivision and the proposed Mark Drive by-
pass road, as well as to the first lot adjacent to the residential lot at 280-282 Mark Drive:
(1) Warehouses, industrial services and general manufacturing are
prohibited.
(2) All facades of the buildings must include high quality finishes similar to
that required for the street-facing facade.
(3) There shall be no access to any lot in the Business Park from the
proposed residential section of Mark Drive.
(4) A minimum building setback of 15 metres (50 feet) and a minimum
parking setback of 7.5 metres (25 feet) must be provided from any lot line
adjacent to the proposed City-owned buffer area. The setback area must
be graded and landscaped in a manner that provides a visual screen from
the residential properties on the existing Mark Drive.
(5) Buildings and structures shall have a maximum height of one storey.
(6) Lighting fixtures shall not be placed on the rear or side facades of
buildings. If exterior lighting is required in the rear or side yard areas of a
property, it must be mounted on poles and directed back towards the
building. This requirement is in addition to the general requirement in
Section 820(14) of the Zoning By-law, which applies to the whole rezoned
area, that "no lighting facility or illuminating device for any purpose may
be arranged in such a manner that directs rays of light therefrom to fall
upon adjoining premises."
(7) Construction vehicles are not permitted to use the residential section of
Mark Drive.
j) A minimum 18-metre (60-foot) wide landscaped buffer area must be created and
maintained adjacent to the residential lot at the intersection of the existing Mark Drive
and Martha Avenue (civic # 280-282 Mark Drive). The buffer area must be developed
and maintained in accordance with a detailed plan, subject to the approval of the
Development Officer, illustrating the exact features to be employed.
k) The issuance of any building permit on any existing lot and/or the creation of any
lots within the rezoned area shall require the vesting of sufficient easements for any
necessary service extensions/ improvements.
I) No lot shall be developed within the rezoned area, other than site preparation,
until such time as the proposed Mark Drive by-pass is completed and open to traffic.
m) No building shall be occupied until all work indicated on the approved site and
drainage plans mentioned in conditions (b) and (c), except landscaping, is completed for
the lot on which the building is located. Landscaping of the lot on which the building is
located must be completed no later than one year following issuance of the building
permit for the development."
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the above matter be taken
from the table for consideration at this time.
Question being taken, the motion was carried.
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the recommendation in the
above report from the City Manager be adopted:
AND FURTHER that the by-law to amend the Zoning By-law of the City of
Saint John, insofar as it concerns re-zoning various parcels of land located at 257 Mark
Drive, 273 Mark Drive and 641 Loch Lomond Road (NBGIC Numbers 313155 and
55123509 and part of 424440), having an area of approximately 6 hectares (15 acres),
from "R-2" One and Two Family Residential and "RM-1" Three Storey Multiple
Residential to "BP" Business Park classification, pursuant to Section 39 of the
Community Planning Act, 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.
87-915
COMMON COUNCIL
APRIL 3, 2000
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning various parcels
of land located at 257 Mark Drive, 273 Mark Drive and 641 Loch Lomond Road (NBGIC
Numbers 313155 and 55123509 and part of 424440), having an area of approximately 6
hectares (15 acres), from "R-2" One and Two Family Residential and "RM-1" Three
Storey Multiple Residential to "BP" Business Park classification, pursuant to Section 39
of the Community Planning Act, 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.
(Councillor Vincent re-entered the meeting.)
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, March 20, 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 as recommended by the City Manager, the submitted document
dated March 2000 be forwarded to the Department of the Environment as the comments
of the City of Saint John on the New Brunswick Waste Reduction and Diversion
Discussion Paper.
April 3, 2000,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
15.1. Comments On New Brunswick Waste
Reduction And Diversion Discussion Paper.
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
16. 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, March 27, 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 recommendations, namely:
87-916
COMMON COUNCIL
APRIL 3, 2000
1. That as recommended by the City Manager, effective March 1,2000, the
salary of the incumbents occupying the positions of Commissioner of Community
Services, Commissioner of Environment and Development Services, and the Fire Chief
be increased one step on the Management Pay Scale.
2. That as recommended by the Nominating Committee, Peter G. Murray be
re-appointed and Raymond 1. French be appointed to the Board of Directors of the
Greater Saint John Economic Development Commission (Enterprise Saint John), for a
term of three years.
3. That as recommended by the Nominating Committee, William R. Leahy
be re-appointed to the Saint John Port Authority for a term of three years.
4. That as recommended by the Nominating Committee, Jim Baird be re-
appointed as the City's representative on the Board of Directors of Uptown Saint John
Inc. for a term of three years.
5. That as recommended by the Nominating Committee, Tom Gribbons be
appointed as a nominee of the Saint John Board of Trade to the Greater Saint John
Economic Development Commission (Enterprise Saint John) for a term of three years.
6. That Council accept the budget of $43,000 proposed for the City of Saint
John's May 18, 2000 Birthday Celebration and encourage further private sponsorship.
April 3, 2000,
Saint John, N.B.
Respectfully submitted,
(sgd) Shirley McAlary,
C h air man.
16.1. Performance Evaluation - Step Adjustments
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
16.2. Greater Saint John Economic Development
Commission (Enterprise Saint John) Appointments
On motion of Councillor Court
Seconded by Councillor Desmond
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
16.3. Saint John Port Authoritv - Appointment
On motion of Councillor Court
Seconded by Councillor Vincent
RESOLVED that section 3 of the above
report be adopted.
Question being taken, the motion was carried.
16.4. Uptown Saint John Inc. - Appointment
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that section 4 of the above
report be adopted.
87 -917
COMMON COUNCIL
APRIL 3, 2000
Question being taken, the motion was carried.
16. 5. Greater Saint John Economic Development
Commission (Enterprise Saint John) Appointments
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that section 5 of the above
report be adopted.
Question being taken, the motion was carried with Councillor Titus voting
"nay".
16.6. BudQet For City's Mav 18th Birthdav Celebration
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that section 6 of the above
report be adopted.
Councillor Titus expressed the view that the City could not afford to spend
$43,000 on its birthday.
Moved in amendment by Councillor Trites
Seconded by Councillor Ball
RESOLVED that the above motion be
amended to accept an amount of $20,000 for the City's birthday celebration.
The Mayor suggested that the matter could be tabled and sent back to
the committee to have another look at the budget and bring it back to Council.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the above matter be
referred to the committee for further review and a report to Council.
Councillor Titus advised that he would not support the motion because,
from his perspective, it would be a waste of time as the City could not afford $43,000 or
$20,000.
Question being taken, the referral motion was carried with Councillor
Titus voting "nay".
17. Planning Advisory Committee - Municipal Services
And Public Utilitv Easements 36-38 Whitebone Way
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted tentative
subdivision plan of 36-38 Whitebone Way and to any required municipal services or
public utility easements.
Question being taken, the motion was carried.
87-918
COMMON COUNCIL
APRIL 3, 2000
18. Saint John Board Of Police Commissioners
Election Of Officers For Year 2000
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the letter from the Saint
John Board of Police Commissioners advising of its officers elected for the Year 2000 to
2001 as follows: Edward W. Keyes, Chairman; Gerry Puczko, Vice Chairman, and Bill
Farren, Secretary, be received and filed.
Question being taken, the motion was carried.
19. Saint John Parking Commission - Central Peninsula
Residential ParkinQ And Snow Removal Study
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that the letter from the Saint
John Parking Commission advising of its initiation of a study of residential parking and
snow plowing and removal problems in the residential areas of the Central Peninsula,
the overall goal being to improve the "liveability" of the Central Peninsula by providing a
better balance between convenient residential parking and efficient street cleaning and
snow clearing operations, and also advising of its intent to keep Council informed on a
regular basis on how the study is progressing and to meet with Council at the end of the
study to present the findings and recommendations, be received and filed.
Councillor Titus advised that he would not support the study as he did not
know the cost, and it was to be done by a company from Fredericton, when there should
be somebody within the Parking Commission, a City staff, who could come up with a
recommendation with respect to this issue without spending more money.
Question being taken, the motion was carried with Councillor Titus voting
"nay".
20. Saint John Parking Commission
Appointment Of Bv-Iaw Enforcement Officer
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that as requested by the Saint
John Parking Commission, pursuant to Section 14 of the Police Act of the Province of
New Brunswick, the Common Council of the City of Saint John does hereby appoint the
following member of the Canadian Corps of Commissioners as By-law Enforcement
Officer with the responsibility to enforce provisions of the Parking Meter By-law and the
provisions of Section 5, Section 7 and Section 8(1) of the Saint John Traffic By-law,
namely: Raymond Desjardins; and further that this appointment shall continue until such
time as the appointee ceases to be a member of the Canadian Corps of Commissioners
or until the appointment is rescinded by Common Council.
Question being taken, the motion was carried.
21. Fundy Region Solid Waste Commission
Zenon Water Plant And Leachate Qualitv
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the letter from Jens Jensen,
General Manager of the Fundy Region Solid Waste Commission, on the operation of the
Zenon water purification plant and the quality of leachate being taken from the Crane
Mountain landfill site to the Saint John Lancaster sewage treatment plant, which was
questioned by Council on March 13, 2000; submitting a copy of his report to the
Commission in this regard; and advising that, as an official seven-day performance test
will take place immediately after the April 5 end of the five-week test run and the
87-919
COMMON COUNCIL
APRIL 3, 2000
Commission's engineers would require a couple of weeks after that to analyze the
results and make their report to the Commission, one should look at the middle of May
as the earliest sensible date on which to come to Common Council, with specific dates
to be discussed as mid-May is approached, and that the Commission looks forward to
sending representatives to meet with Council at that time, be received and filed and the
Commission set a date with the Common Clerk to appear before Council in mid-May.
Question being taken, the motion was carried.
22. Centenary-Queen Square United
Church Re 215 Charlotte Street
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the letter from the
Centenary-Queen Square United Church expressing opposition to the possible opening
of a licensed billiard hall in the building at 215 Charlotte Street in the City's South End,
and urging Council and the Planning Advisory Committee to not approve the licensing
request for this facility anywhere on Charlotte Street or in the South End of the City, be
referred to the City Manager for consideration if there is an application made.
Mr. Baird advised that an application has been tabled for more
information to be gathered, and the above letter could be forwarded to the Planning
Advisory Committee.
Question being taken, the motion was carried.
23. Robert Clark - Zoning By-law
Amendment 5-7 Milford Road
On motion of Councillor White
Seconded by Councillor Titus
RESOLVED that the application of Robert
Clark for the re-zoning of property located at 5-7 Milford Road 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,
May 15, 2000, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
24. Monica Moonev Re 233 Lancaster Street
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the letter from Monica
Mooney commenting on the property at 233 Lancaster Street further to her previous
correspondence to Council in opposition to re-zoning the subject property, be received
and filed.
Question being taken, the motion was carried.
25. Imagine The Possibilities - The Vision Of
Youth - Request For Financial Contribution
On motion of Councillor Desmond
Seconded by Councillor Titus
RESOLVED that the letter from the Event
Coordinator of Imagine the Possibilities - The Vision of Youth, submitting a proposed
budget for this event for youth from ages 16-29 years of age, scheduled for May 11,
2000 at Harbour Station; and requesting a contribution of $5,000 from the City of Saint
John, be referred to Enterprise Saint John.
Question being taken, the motion was carried.
87 -920
COMMON COUNCIL
APRIL 3, 2000
26. Chipman Hill Suites Limited - Section 39
Amendment Re-ZoninQ Of 75 CoburQ Street
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the application of Chipman
Hill Suites Limited for an amendment to the Section 39 conditions of re-zoning of
property at 75 Coburg Street 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, May 15, 2000 at 7:00 o'clock p.m.
Question being taken, the motion was carried.
27. Mr. & Mrs. Jack Foster
DamaQe To Car On Red Head Road
On motion of Councillor Desmond
Seconded by Councillor Titus
RESOLVED that the letter from Mr. & Mrs.
Jack Foster advising that, on February 23, their car was damaged by a major dip in the
road on the way to Red Head and, if they do not hear back from Council about their
problem, they will seek legal action, be received and filed.
The Mayor noted that the City Manager provided a report in the above
regard under his update.
Question being taken, the motion was carried.
28. Sonia Thorn - City's Dangerous Or Unsightly
Premises Bv-Iaw Within Municipalities Act
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the letter from Sonia Thorn
expressing the view that number of dilapidated buildings, fences and sheds within the
City of Saint John is growing at an alarming rate which not only depreciates property
values but projects a poor image to the citizens, visitors and prospective businesses;
and asking for a reply, informing her of the reason or reasons why the by-law in this
regard is not strictly enforced and the date when it was last revised, be referred to the
City Manager and the Building Inspector.
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk