2000-06-12_Minutes
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COMMON COUNCIL
JUNE 12, 2000
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twelfth day of June AD., 2000, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, 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; S.
Galbraith, Director of Works; B. Morrison, Director of Recreation
and Parks; J. Baird, Manager of Community Planning; W.
Edwards, Building Inspector; S. Lodhi, Manager of Real Estate
and Facility Management; D. Harvey, Superintendent of
Wastewater Treatment and Pumping; 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 Rev. Bob Freill of the
Roman Catholic Diocese of Saint John offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that minutes of the meeting of
Common Council, held on May 29, 2000, be approved.
Question being taken, the motion was carried.
7. Mayor's Remarks - Presentation
Of Annual Environment Award
Mayor McAlary recognized Don Shaw, Acting Chairman of the Saint John
Environment Committee, as well as Councillor Court, a member of the Committee, and
advised of the Committee's selection of David Bowen and Barry Ogden as winners of the
2000 City of Saint John Environment Award. The Mayor, in noting the presence at the
meeting of Mr. Odgen, acknowledged his involvement in the Communities in Bloom
Program and expressed appreciation for his efforts in this regard; and she, Councillor
Court and Mr. Shaw presented Mr. Odgen with the 2000 Environment Award.
(Councillor Vincent entered the meeting during the above remarks.)
* Added Item
On motion of Councillor Vincent
Seconded by Councillor Desmond
RESOLVED that the letter from
Maritimes & Northeast Pipeline (copies of which were distributed to Council members in
Committee of the Whole earlier this date) be added to the agenda of this meeting for
consideration as item 11A.
Question being taken, the motion was carried.
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3(a) Municipal Plan Amendment And
(b) Re-ZoninQ Of Land In Moore Street Area
The Common Clerk advised that the necessary advertising was
completed with regard to (a) 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, from Open Space to
Medium Density Residential classification; and (b) the proposed re-zoning of the same
parcels of land from "P" Park to "RM-1" Three Storey Multiple Residential classification,
to permit a development consisting of approximately eleven townhouse units on the
subject lands, as requested by LSO Enterprises Inc., and no written objections were
received in this regard.
3{c)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
June 6, 2000 meeting at which Richard Turner of Hughes Surveys and Consultants
expressed support for the staff recommendation; and recommending that Common
Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Open
Space to Medium Density Residential classification, 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, (2) re-zone the above-
mentioned parcels of land from "P" Park to "RM-1" Three Storey Multiple Residential
classification, subject to a resolution pursuant to Section 39 of the Community Planning
Act that would require a detailed site plan showing the exact location of all proposed
buildings and new street work to be submitted for the approval of the Development
Officer; and (3) table third reading of the proposed re-zoning until an agreement has
been reached with the developer in regards to the upgrading of Moore Street.
(Councillor Trites entered the meeting.)
Richard Turner of Hughes Surveys and Consultants Ltd., accompanied by
Gerry Lowe of LSO Enterprises Inc., were present at the meeting in support of the
proposed amendments, and Mr. Turner outlined the proposal as set out in the re-zoning
application; expressed agreement with the above recommendation, and responded to
questions in this regard.
On motion of Councillor Ball
Seconded by Councillor Vincent
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, 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, from Open Space to Medium Density Residential
classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Councillor White
Seconded by Councillor Vincent
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, 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, from Open Space to Medium Density Residential
classification, be read a second time.
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JUNE 12, 2000
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the by-law to amend
the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning 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, from "P" Park to "RM-1" Three Storey Multiple Residential classification,
pursuant to Section 39 of the Community Planning Act as recommended by the Planning
Advisory Committee, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning 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, from
"P" Park to "RM-1" Three Storey Multiple Residential classification, pursuant to Section
39 of the Community Planning Act as recommended by the Planning Advisory
Committee, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor Trites
Seconded by Councilor White
RESOLVED that as recommended by the
Planning Advisory Committee, third reading of the above-proposed re-zoning be laid on
the table until an agreement has been reached with the developer in regard to the
upgrading of Moore Street.
Question being taken, the tabling motion was carried.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the correspondence in
the above regard be received and filed.
Question being taken, the motion was carried.
4(a) Municipal Plan Amendment And
(b) Re-ZoninQ 152-154 Waterloo Street
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to amend Policies
2.1.3 and 2.1.4 of Part 10 (Peninsula Neighbourhood Plan), and redesignate on
Schedule 2-C, a parcel of land located at 152-154 Waterloo Street (NBGIC Number
13631), from Medium Density Residential to Approved Commercial Development
classification; and (2) the proposed re-zoning of the same parcel of land from "RM-IF"
Multiple Residentiallnfill to "B-2" General Business classification, to permit the
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JUNE 12, 2000
establishment of a retail store, specializing in coins, collectibles and jewellery, within the
existing building located at 152-154 Waterloo Street, as requested by Mr. and Mrs. Brian
Bell, and no written objections were received in this regard.
4{c)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and a letter in favour of the
proposal, considered at the Committee's May 9, 2000 meeting at which the applicants
expressed agreement with the staff recommendation; and recommending that Common
Council (1) amend the Municipal Development Plan by (a) amending Policy 2.1.3 of Part
10 (Peninsula Neighbourhood Plan) by adding the words "Except as set out in Policy
2.1.4" so that Policy 2.1.3 now reads as follows: "2.1.3 Except as set out in Policy 2.1.4,
it shall be the policy of the City of Saint John not to designate individual parcels of land
for commercial uses where the parcel is adjoining a residentially designated land on two
or more property lines."; (b) adding the following as Policy 2.1.4 of Part 10 (Peninsula
Neighbourhood Plan): "2.1.4 Where specific commercial developments are proposed for
individual parcels of land that require redesignation, it shall be the policy of the City of
Saint John that Common Council may approve such redesignation, subject to the
following criteria: (a) regard shall be had to the policies contained in Section 2.4.4.5,
2.4.4.6 and 2.4.4.7 of the Municipal Development Plan; (b) the implementing re-zoning
of the land shall restrict the use of the parcel to a specific proposal pursuant to Section
39 of the Community Planning Act."; and (c) redesignating on Schedule 2-C of the
Municipal Development Plan, from Medium Density Residentiallnfill to Approved
Commercial Development classification, a parcel of land located at 152-154 Waterloo
Street (NBGIC Number 13631); and (2) re-zone the parcel of land located at 152-154
Waterloo Street (NBGIC Number 13631), from "RM-IF" Multiple Residential to "B-2"
General Business classification, subject to a resolution pursuant to Section 39 of the
Community Planning Act limiting the non-residential use of the property to an
approximately 500-square-foot retail store specializing in coins, collectibles and
jewellery.
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by amending Policy 2.1.3 and Policy 2.1.4 of
Part 10 (Peninsula Neighbourhood Plan), and redesignating on Schedule 2-C a parcel of
land located at 152-154 Waterloo Street (NBGIC Number 13631), from Medium Density
Residential to Approved Commercial Development classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Councillor Vincent
Seconded by Councillor Ball
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by amending Policy 2.1.3 and Policy 2.1.4 of
Part 10 (Peninsula Neighbourhood Plan), and redesignating on Schedule 2-C a parcel of
land located at 152-154 Waterloo Street (NBGIC Number 13631), from Medium Density
Residential to Approved Commercial Development classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land
located at 152-154 Waterloo Street (NBGIC Number 13631), from "RM-IF" Multiple
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JUNE 12, 2000
Residentiallnfill to "B-2" General Business classification, pursuant to Section 39 of the
Community Planning Act as recommended by the Planning Advisory Committee, 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 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 a parcel of land
located at 152-154 Waterloo Street (NBGIC Number 13631), from "RM-IF" Multiple
Residentiallnfill to "B-2" General Business classification, pursuant to Section 39 of the
Community Planning Act as recommended by the Planning Advisory Committee, be
read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
5(a) Zoning By-law Text Amendment &
Re-ZoninQ 248 Lancaster Avenue
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Zoning By-law text amendment to add to the list of
zones "special zones SZ#4", its uses and standards; and the proposed re-zoning of a
parcel of land located at 248 Lancaster Avenue (NBGI C Number 55012132), having an
area of approximately 1.2 hectares (3 acres), from "1-1" Light Industrial to "SZ#4" Special
Zone #4 classification, to permit the establishment of a licensed lounge within the
existing bowling alley, as requested by Lockmac Holdings Limited, and no written
objections were received in this regard, with 5{b) a letter from the applicant requesting
that the application be removed from the agenda of this meeting.
5{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and a letter of opposition to the
proposal, considered at the Committee's June 6, 2000 meeting at which Duane McAfee
and Bob Donovan, on behalf of the applicant, explained the proposal, noted that,
although there is a residential area adjacent to the site, it only abuts the site on one side,
and requested approval of the amendment; advising of the considerable discussion
concerning the five additional video lottery terminals that would be permitted if the
amendment were approved; and recommending that the amendment to the Zoning By-
law be denied.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that Common Council accept
the request of Robert J. Donovan to withdraw the application of Locmac Holdings
Limited for the re-zoning of property located at 248 Lancaster Avenue.
Question being taken, the motion was carried.
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7. Mavor's Remarks
Mayor McAlary proclaimed June 21, 2000 as National Aboriginal Day in
the City of Saint John.
8. Watercourse Across From Bon Accord Subdivision
Read a letter from Councillor Desmond referring to the watercourse
across from the Bon Accord Subdivision coming out of Cruickshank Lake and the right-
of-way on Loch Lomond Road, flowing down through City-owned land and privately
owned lands out to Little River; and advising that the ditch is now blocked and backed up
and a good part of the blockage is due to sand and gravel from the road right-of-way;
and requesting that the City clean out the ditch right-of-way to the Little River,
permission having been granted by the property owners to do so.
Councillor Desmond advised that, having taken the above item to staff,
staff has a problem with the fact that the City would have to cross private lands in order
to clean up the watercourse; and explained the nature of the situation with respect to
flooding of two properties, and that the people concerned do not feel it is their
responsibility to clean out the ditch when the sand and gravel is coming off the road
right-of-way.
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that Council direct the City
Manager to either hire a private company to clean out the ditch right-of-way or have City
staff do it.
The Mayor expressed concern that, as there are other situations in the
City where sand and gravel from City streets run onto other people's properties, if the
City took action in this instance, it would have to do so in other instances involving
private property; and advised that she would prefer that this matter be referred to staff
for a report; and Councillor Desmond expressed the view that there was no point in
referring the matter to staff as he had already been to staff and was told to bring the
matter to Council.
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that the above matter be
referred to the City Manager and the City Solicitor for a report to Council.
The mover and seconder of the initial motion to refer the matter for a
report agreed to include referral to the City Solicitor for information on any legalities
involved with regard to the City entering on private property such as a piece of
equipment inadvertently causing damage to such property.
Question being taken, the motion was carried with Councillors Desmond
and Vincent voting "nay".
9. Fundv ReQion Solid Waste Commission Activities
Consideration was given to a letter from Councillor Chase, Council's
representative on the Fundy Region Solid Waste Commission, advising of (1) the
Commission's agreement to provide a pickup service of recyclable paper for public
schools (K to 12); (2) the availability of a quantity of topsoil on site at Crane Mountain,
some of which the Commission will likely use for various on-site beautification projects
and one hundred truckloads of which the Commission has agreed to give to the City of
Saint John (and other partners in the Region if they wish) for various landscaping/
beautification projects; and (3) the Commission's intent to review its public education
program to ensure adequate and effective messages are delivered with regard to how
persons should dispose of waste not handled at Crane Mountain.
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On motion of Councillor Chase
Seconded by Councillor Trites
RESOLVED that the above letter be
received and filed.
Councillor Chase confirmed that the topsoil would be available for the City
and other partners, not for the general public. Councillor Desmond questioned the
Commission's call for proposals to build a composting unit, whereupon the Mayor ruled
Councillor Desmond out of order in that the question had nothing to do with the item
before Council at this time, and advised that this was an issue Councillor Desmond
would have to place on the Council agenda.
Question being taken, the motion was carried.
9A. Operation Of City Arenas
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the letter from
Councillor Titus requesting Council's support, via a referral motion to staff, to request
and invite proposals from interested person(s)/group(s) in the community regarding the
operation of City arenas, considering budget deliberations with specific reference to
Recreation - arenas, be laid on the table pending Councillor Titus' presence.
Question being taken, the tabling motion was carried.
10. Ongoing Discussions Re Natural
Gas Distribution Network In City
Consideration was given to a report from the City Manager referring to the
ongoing discussions with the Province of New Brunswick and Enbridge Gas New
Brunswick in an effort to identify and resolve construction-related matters with regard to
the development of a natural gas distribution network in the Province, and to the role of
the Board of Commissioners of the Public Utilities Board in convening three specific
hearings regarding marketing, rates and construction standards with the marketing
hearing having concluded and the rates and construction hearings ongoing, the latter to
reconvene on June 15, 2000, having adjourned on May 15 to provide Enbridge and the
municipalities an opportunity to reach an agreement on construction issues, given the
absence of standard construction regulations, the Board's intent being to deliver an oral
decision respecting rates and permits to construct applications on June 23. The report
sets out the Federation of Canadian Municipalities' five principles with respect to the use
of municipal rights-of-way, compares the City of Saint John's position to that of the City
of Fredericton and the City of Moncton, Saint John's position paralleling that of Moncton
in its expectation of being compensated for incremental costs, use of its rights-of-way
and to collect property taxes for municipal services, City staff in Committee of the Whole
on April 10, 2000 having been authorized to negotiate an agreement with Enbridge Gas
New Brunswick based on Moncton's position and present this position at the Public
Utilities Board hearing May 15. The report advises that, although natural gas will not be
immediately available in the other four New Brunswick cities, it is likely that agreement(s)
reached with the three major centres will form the basis for any ensuing regulatory
framework or agreements, thus it is suggested that, if a coordinated position with respect
to some of the key issues could be reached, this in turn could be circulated to the other
cities for comment; also advises that it is clear, as discussions with Enbridge Gas and
the Province have evolved, that the introduction of natural gas brings with it a number of
important considerations for the Municipality in terms of incremental costs for protective
services, training for City employees, property taxation of the distribution piping system,
use of City rights-of-way, and the regulatory framework that will prevail; and setting out
recommendation in this regard.
On motion of Deputy Mayor Chase
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council adopt the following principles with Enbridge Gas New
Brunswick, the Public Utilities Board and the Province of New Brunswick respecting the
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distribution of natural gas in the City of Saint John: Incremental Costs - recognizing that
the City of Saint John will be faced with additional costs associated with a gas
distribution system, the City must recover, from the gas distributor, any new direct costs
incurred, including administration, training, inspection, degradation, relocation, liability for
losses, etc.; Property Taxation - recognizing that Enbridge Gas will have access to the
full range of municipal services, Provincial legislation should require that Enbridge Gas
pay municipal property taxes on its gas distribution network, and the property
assessment could be based on a percentage of sales or some other equitable method;
Municipal riQht-of-wav - recognizing that municipal rights-of-way have value, the City
must receive due compensation for the occupancy and use of its rights-of-way, and the
terms of such agreement should be a matter of direct negotiation between the City and
the user of the right-of-way; Provincial Role - recognizing that the City of Saint John has
rights and obligations with respect to the use of its rights-of-way, the Province should
permit sufficient time for the City to resolve all technical and financial issues directly with
Enbridge Gas, should not interfere in the process and should respect the outcome of
these negotiations; and ReQulation/LeQislation - recognizing that municipalities have
inherent property rights and that municipalities must have the ability to manage and
control the occupancy and use of their rights-of-way, the Province of New Brunswick
should refrain from any legislative or regulatory initiative that would ignore, compromise
or restrict these rights.
Mr. Totten noted the importance of the above item to the citizens of the
community, involving negotiations with Enbridge Gas New Brunswick and the Province,
as well as with the Cities of Fredericton and Moncton; and Mr. Woods, having re-iterated
the importance of this issue in that it affects the property rights and financial interests of
the citizens of the City of Saint John, highlighted the above report and recommendation.
(Deputy Mayor Chase withdrew from the meeting during discussion in the
above regard.)
Question being taken, the motion was carried.
(Deputy Mayor Chase re-entered the meeting.)
6. DS-Lea Associates And Hardy Stevenson
And Associates Re South End ParkinQ Study
Consideration was given to a letter from the Saint John Parking
Commission advising the intent for Andrew Brown of DS-Lea Associates and Dave
Hardy of Hardy Stevenson and Associates to update Council at this meeting on the
progress to date of the Central Peninsula Residential Parking and Snow Removal Study,
further to the Commission's letter to Council on April 3, 2000 advising of the initiation of
this Study, and also to explain the proposed options that have been narrowed down by
the solutions committee and outline the steps taken to date to invite the public to
participate in the Study process.
Vijay Kawatra, a member of the Saint John Parking Commission; Richard
Smith, Administrator of the Commission; Andrew Brown of DS-Lee Associates and Dave
Hardy of Hardy Stevenson and Associates were present at the meeting in the above
regard. Through an overhead slide presentation, Mr. Kawatra commented briefly on the
Study; Mr. Brown reviewed the tasks involved in carrying out the Study, the goal of
which is to improve the livability of the Central Peninsula; related information on the
availability of residential parking, both on- and off-street and curbside and metered
spaces, and the extent of utilization of these parking spaces; and expressed the view
that, overall, the parking and supply, currently, is in a relative balance with about 4,600
households spread throughout the Peninsula having access to about 4,000 parking
spaces, both on- and off-street, which is a good ratio suggesting that things are in a
state of balance; however, it is important to be very careful in what is done with the
parking supply so as not to throw it out of balance. Mr. Brown addressed proposed
solutions with regard to the Residential Parking Permit Program, as well as in terms of
snow removal which, he advised, the solutions committee would be attempting to firm up
at its next meeting, as well as receive feedback from the general public; and David
Hardy reviewed the public process and results to date in carrying out the Study, noting
the newsletter on the forthcoming Public Open House on June 13, 2000 and survey
included with the above-mentioned letter.
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Following questions in the above regard, the Mayor thanked the
Commission and Messrs. Brown and Hardy for their presentation.
11. Natural Gas Pipeline Proiect - Occupational License
Read a report from the City Manager referring to his previous report
updating Council on the Maritimes and Northeast Natural Gas Pipeline (M&NE) Project
and the three types of agreements likely to be entered into with M&NE, those being an
Easement Agreement for the installation of pipe along and under land owned by the City,
an Occupational License to install and maintain a pipeline under City streets, and a
Letter of Understanding establishing how the City and M&NE will treat each other in
common easements on City land and land owned by others; also referring to Common
Council resolution of May 1, 2000 authorizing the entering into of an Easement
Agreement and a Letter of Understanding; and advising the results of the negotiations
with respect to the third and final agreement, the Occupational License.
On motion of Councillor White
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, Common Council enter into the submitted Occupational License by and
between the City of Saint John and Maritimes & Northeast Pipeline Management Ltd.
which permits the installation, maintenance and operation of a natural gas pipeline
under, on, and along the public streets and private roads of the City of Saint John on the
terms and conditions noted therein, and the Mayor and Common Clerk be authorized to
execute the Occupational License.
Mr. Totten advised that the proposed License was, in fact, consistent with
the report and position put forth earlier in the meeting by Mr. Woods with respect to
Enbridge, and, with regard to the City Manager's revised report under item 11 (copies of
which were distributed to Council members in Committee of the Whole earlier this date),
noted the deletion in the revised report of the reference to an annual fee based upon the
lessor of 10% of the municipal portion of property taxes to be paid to the City of Saint
John by Maritimes & Northeast, such change necessitated as a result of conversations
late on Friday afternoon in which staff was successful in eliminating this reference to
lesser of the 10 percent figure. Mr. Totten responded to Councillor Vincent's questions
about the method of determining the amount of the annual property tax based upon the
new Assessment Act Regulation published in the Royal Gazette on June 7,2000.
Question being taken, the motion was carried with Councillors Desmond
and Vincent voting "nay".
*11A. Maritimes & Northeast Pipeline
Re License AQreement With City
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the letter from Maritimes &
Northeast Pipeline referring to the License Agreement to be considered at this meeting;
updating Council on the schedule for construction of the Saint John lateral; and
requesting Council's continued support to help it meet this important schedule, be
received and filed.
Question being taken, the motion was carried.
12. Natural Gas Pipeline Project - Amendment To
Council Resolution Re Easement AQreements
Consideration was given to a report from the City Manager referring to
Common Council resolution of May 1, 2000 authorizing the City to enter into thirteen
Options of Easement and Easement Agreements and one Temporary Construction
Easement Agreement with Maritimes and Northeast Pipeline Limited Partnership; and
advising that, due to a mix-up in compensation sheets, the level of compensation
indicated for NBGIC Number 286559 and NBGIC Number 429670 was incorrectly
reported and, in fact, the dollar values reported were for additional temporary
construction easements being requested by Maritimes and Northeast and not the value
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JUNE 12, 2000
of the easements and, instead of receiving $105,031.64 as indicated in the table set out
herein, the City will receive $145,515.02 as compensation for the granting of easements,
and recommending an amendment to the May 1, 2000 Council resolution to reflect the
omission
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Common Council amend its resolution of May 1, 2000 pertaining to the
granting of easements to Maritimes and Northeast Pipeline Limited Partnership by: (1)
deleting from section (2) "One Temporary Construction Easement Agreement" and
substituting therefor "Three Temporary Construction Easement Agreements"; (2)
deleting from section (2), the table listing the affected properties, areas and proposed
payments and substituting therefor the following table:
Property Area Proposed
Payment
1. NBGIC #274456 Menzie's Lake area .7290 acres:t $ 3,801.00
along an access road
2. NBGIC #286559, Spruce Lake area 21.8 acres:t $ 37,486.26
along an NB Power right-of-way
3. NBGIC #429670, Spruce Lake area 1.54 acres $ 3,057.22
along an NB Power right-of-way
4. NBGIC #403733, along the former .0838 acres:t $ 3,300.50
Shoreline Railway in front of the
Lancaster Treatment Plant
5. NBGIC #55109037, along Western .3894 acres:t $ 2,415.80
Collector Trunk Sewer line in front of
Lancaster Treatment Plant
6. NBGIC #55031611, along Western .7866 acres:t $ 4,542.25
Collector Trunk Sewer line in front of the
Lancaster Treatment Plant and
Cathodic Protection site
7. NBGIC #55108336 along Western .3282 acres:t $ 2,966.48
Collector Trunk Sewer line just east of
Lancaster Treatment Plant
8. NBGIC #55008270 along Western .037 acres:t $ 2,665.20
Collector Trunk Sewer line just east of
Lancaster Wastewater Treatment Plant
9. NBGIC #0236195 along NBHY #1 .2975 acres:t $ 11,435.80
behind the City's West Works Depot
10. NBGIC #427526 along NBHW#1 .2259 acres:t $ 8,748.15
behind the City's West Works Depot
11. NBGIC #55109789, portion of rail right- .2167acres:t $ 11,285.00
of-way between Main and Mill Street,
West Saint John
12. NBGIC #55046635, Douglas Avenue at .0002 acres:t $ 460.00
Chesley Drive
13. NBGIC #40048, behind Harbour .3702 acres:t $ 46,470.00
Station
14. NBGIC #55033138 - Temporary $ 125.00
Construction Easement
15. NBGIC #429670 - Temporary $ 495.36
Construction Easement
16. NBGIC #4286559 - Temporary $ 6,321.00
Construction Easement
Total Compensation Proposed $145,575.02
(3) and that all other aspects of the resolution remain the same.
Question being taken, the motion was carried.
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JUNE 12, 2000
13. LifeQuard Supervision - 2000
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the Canada Games Aquatic Centre be engaged to provide lifeguard
supervision at City beaches in 2000, as outlined in the submitted proposal, at a cost of
$39,700, plus HS1.
Question being taken, the motion was carried.
14. Compensatory StoraQe - 9 Simpson Drive
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Daryl McLennan be advised that Common Council will sell
compensatory storage, calculated at the rate of $5.41 per cubic metre, for each cubic
metre of flood storage displaced by the development, up to 40 cubic metres, at 9
Simpson Drive, and the City Manager's report in this regard be received and filed.
Question being taken, the motion was carried.
15. Sunday OpeninQs Of City Market
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that the report from the
City Manager proposing that, of the five Sunday dates on which cruise ships are
scheduled to visit Saint John in 2000, the City Market be open for part of the day for the
visits of the three larger cruise ships, as well as on Canada Day, Saturday, July 1, and
recommending that first and second readings be given to the proposed amendment to
the City Market By-law, such recommendation supported by the Deputy Market Clerk
and the City Market Promotions Committee, be received and filed:
AND FURTHER that the by-law to amend the City Market By-law, with
regard to being open on July 1, 2000, September 10, 2000, October 1, 2000 and
October 8, 2000, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the City Market By-law.
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the by-law to amend the City
Market By-law, with regard to being open on July 1,2000, September 10, 2000, October
1, 2000 and October 8, 2000, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the City Market By-law.
16. License Agreement For Boat
Rentals At Rockwood Park
On motion of Councillor Court
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council approve the granting of a license to B & D Boat Rentals
Ltd. to operate watercraft rental facilities on the Fisher Lakes, Rockwood Park, subject to
the following terms and conditions, and authorize the Mayor and Common Clerk to
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COMMON COUNCIL
JUNE 12, 2000
execute the necessary documents: (1) the term of the license to be 53 months
commencing May 1, 2000, terminating September 30, 2004; (2) the license fee shall be
6% of gross sales (no expenses deducted); (3) the license fee earned up to July 31 to be
paid not later than August 15, the license fee earned after July 31 to be paid not later
than October 15; (4) the licensee will, upon receipt of a request from the Director of
Recreation and Parks, present the licensee's records of revenue for inspection; (5) the
licensee will operate the boat rental service from May to September of each year during
the term of this license with start and end dates to be as determined by the Director of
Recreation and Parks; (6) hours of operation will be not less than 10:00 a.m. to 6:00
p.m. including holidays; (7) shorter operating hours due to weather conditions or other
factors shall be at the discretion of the Director of Recreation and Parks; (8) during the
term of this license, the licensee shall have exclusive rights to place manually operated
watercraft on the Fisher Lakes and to charge for their use by the public; (9) at the sole
discretion of the Director of Recreation and Parks, with written approval, the licensee
may operate on Lily Lake during the term of the license, and the Director of Recreation
and Parks may withhold permission for any reason the Director deems appropriate; (10)
the licensee may at the licensee's cost install docking facilities, such facilities to be
approved by the Director of Recreation and Parks prior to their installation; (11) the
licensee shall carry public liability insurance of not less than $1,000,000 in which the City
is named as a co-insured; (12) the licensee shall comply with all Federal, Provincial and
Municipal laws and regulations respecting the operating of watercraft; (13) the licensee
shall be solely responsible to comply with all Federal, Provincial or Municipal laws and
regulations respecting the operating of watercraft, under the provisions of the license
agreement; (14) the license may be terminated if, in the opinion of Common Council, the
licensee is not operating in accordance with the terms of the license, or operating in a
manner not consistent with quality and level of service the City wishes to provide in
Rockwood Park; and (15) during the term of this license, the City will extend to the
licensee first refusal to operate this service on Lily Lake subject to terms and conditions
acceptable to Common Council.
Question being taken, the motion was carried.
17. Traffic By-law Amendment
Re ParkinQ On Union Street
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the report from the City
Manager advising that, as Union Street between Crown and Wentworth Streets is to be
widened to four traffic lanes this year and in order to utilize the lanes, parking on the
south side of Union Street between Pitt and Wentworth Streets must be eliminated; and
recommending that the proposed Traffic By-law amendment receive first and second
readings and be referred to the Legal Department for appropriate action, be received
and filed and the recommendation adopted:
AND FURTHER 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
Union Street, be read a first time.
Question being taken, the motion was carried.
Read a first time 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.
On motion of Councillor Desmond
Seconded by Councillor Trites
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 Union Street, be read a second time.
Question being taken, the motion was carried.
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COMMON COUNCIL
JUNE 12, 2000
Read a second time 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.
18. ReprintinQ Of City Tour Map
On motion of Councillor Ball
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council approve the expenditure of $48,000 plus taxes ($43,800
unit printing costs, plus $4,200 for design changes), for the purchase of 200,000 new
tour maps from Rand McNally.
Question being taken, the motion was carried.
19. Tender For Contract 2000-6
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, Contract 2000-6: Phase IX Closure Spruce Lake Landfill, be awarded to the
low tenderer, Galbraith Construction Ltd., at the tendered price of $413,150, as based
upon estimated quantities, and the Mayor and Common Clerk be authorized to execute
the necessary contract documents.
Question being taken, the motion was carried.
20. Sale Of Property Adjacent To 97 Spar Cove Road
On motion of Councillor White
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, (a) the City sell approximately 3,000 square feet of land adjacent to 97
Spar Cove Road to Barbara and Raymond Richards for the price of $2,500 plus HST,
prepare and file a subdivision plan and a deposit of $500; and (b) the Mayor and
Common Clerk be authorized to execute the deed of conveyance.
Question being taken, the motion was carried.
21. Municipal Plan Amendment & Re-Zoning
Land In Area Of McAllister Industrial Park
Read a letter from the Common Clerk advising that, following the
procedure for amendments to the Municipal Plan, the necessary advertising and public
presentation have been completed with regard to the submitted application of Saint John
Industrial Parks Ltd. for a Municipal Plan amendment and re-zoning of a parcel of land
with an area of approximately 12 acres located between the Saint John Regional
Correctional Facility and McAllister Industrial Park, and no written objections were
received in this regard.
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the application of Saint
John Industrial Parks Ltd. for a Municipal Plan amendment and re-zoning of a parcel of
land located between the Saint John Regional Correctional Facility and McAllister
Industrial Park, 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, July 17, 2000, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
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COMMON COUNCIL
JUNE 12, 2000
22. Municipal Plan Amendment - Old Black
River Road I McAllister Industrial Park
Read a letter from the Common Clerk advising that, following the
procedure for amendments to the Municipal Plan, the necessary advertising and public
presentation have been completed with regard to a proposed Municipal Plan
amendment and re-zoning of various parcels of land located in the Old Black River Road
area, as initiated by the City of Saint John, and no written objections were received in
this regard.
On motion of Deputy Mayor Chase
Seconded by Councillor Desmond
RESOLVED that the proposed Municipal
Plan amendment and re-zoning of various parcels of land located in the Old Black River
Road / McAllister Industrial Park area 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, July 17, 2000 at 7:00 o'clock
p.m.
Question being taken, the motion was carried.
23. Planning Advisory Committee - Future
Street Assent. 801 Loch Lomond Road
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted photo-reduced
subdivision plan of Moose Mountain Farms Limited that illustrates Parcel No.9 as a
Future Street, which has an area of approximately 3309 square metres (35,619 square
feet) and a length of approximately 140 metres (459 feet).
Question being taken, the motion was carried.
24. Saint John Board Of Police Commissioners
Re Policv DealinQ With Bomb Scares
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the letter from the Saint
John Board of Police Commissioners advising that, further to Common Council's May
15, 2000 referral of the matter of a bomb threat policy, the matter of bomb scares was
referred to the Chief for a report back to the Board at its July 5, 2000 meeting, be
received and filed.
Question being taken, the motion was carried.
24A. Saint John Board of Police Commissioners
Administrative Services Contract - Health And Dental Plan
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the letter from the Saint
John Board of Police Commissioners advising of its adoption of a resolution authorizing
the Chairman to execute the agreement for the administrative services contract with
Quikcard for the Health and Dental Plan, be received and filed.
Question being taken, the motion was carried.
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COMMON COUNCIL
JUNE 12, 2000
24B. Saint John Board of Police Commissioners
Truck Traffic On Champlain Drive
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the letter from the Saint John
Board of Police Commissioners advising of its referral of the matter of truck traffic on
Champlain Drive to staff for immediate action and a report back to the Board at its July 5
meeting, Council having referred this matter to the Commission on May 29, 2000, be
received and filed.
Question being taken, the motion was carried.
25. Daniel Griffin - Boys & Girls Club Funding
And Aquatic Centre's Expansion Proposal
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the letter from Daniel
Griffin expressing concern in regard to recent news stories which he feels will have
serious negative effects on the quality of life in the City, one with regard to funding for
the Boys and Girls Club, the other the Aquatic Centre's expansion proposal, be received
and filed and Mr. Griffin be thanked for his comments.
Question being taken, the motion was carried.
26. Madeline Anderson - Vehicles On
Property At 850 Grandview Avenue
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the letter from Madeline
Anderson advising that she wanted Thomas Construction vehicles off her property at
850 Grandview Avenue, be referred to the City Solicitor for response and Ms. Anderson
be advised that this is a civil matter between her and the other party.
The mover and seconder of the initial motion to advise Ms. Anderson that
this is a civil matter between her and the other party agreed to add to the motion a
referral to the City Solicitor for response.
Question being taken, the motion was carried.
27. Ralph A. Olive - Request To Market
Painted Rocks In Water Street Area
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the letter from Ralph A.
Olive requesting permission to market painted souvenir rocks, which he produces, in the
area on Water Street adjacent to the Coast Guard parking lot as indicated on the
submitted plan; and advising his intent, if he obtains approval, to apply for a peddlers
and hawkers license and also that there would be no permanent installation in this
venture and no debris created as a result of this static display, be referred to the Cruise
Saint John Committee for comment prior to responding to Mr. Olive.
Question being taken, the motion was carried.
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COMMON COUNCIL
JUNE 12, 2000
28. Alexia & James Dudley - Zoning By-law
Amendment Re 216 Loch Lomond Road
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the application of Alexia
and James Dudley for a Zoning By-law amendment with regard to property located at
216 Loch Lomond 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, July 17, 2000, at 7:00 o'clock p.m.
Note was made of a letter from Alexia and James Dudley (copies of which
were distributed to Council members in Committee of the Whole earlier this date)
confirming that their solicitor, Harry G. Colwell, was duly authorized on their behalf as
owners of the subject property to sign and file the application for re-zoning due to their
absence from the Province.
Question being taken, the motion was carried.
29. University Of New Brunswick
Recipient Of City Of Saint John Award
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the letter from the
University of New Brunswick in Fredericton advising that the 2000 recipient of the City of
Saint John Award was Margaret Anne Hanlon of Norton, NB, be received and filed.
Question being taken, the motion was carried.
Adjournment
The Mayor noted that the next Council meeting was scheduled for June
19, 2000, and declared the meeting adjourned.
Common Clerk