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2000-09-05_Minutes 88-143 COMMON COUNCIL SEPTEMBER 5, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fifth day of September, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Chase, 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; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; R. Simonds, Deputy 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 Rob Kerr of the Salvation Army offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on August 28, 2000, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone 906 Grandview Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-law amendment to re-zone a parcel of land located at 906 Grandview Avenue (NBGIC Number 336495), having an area of approximately one acre, from "RS-2" One and Two Family Suburban Residential to "RM- 1" Three Storey Multiple Residential classification, to permit the construction of an apartment building, as requested by Diesel Power Services Ltd., 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 August 22, 2000 meeting at which the applicant was in attendance and represented by Brian Hersey who indicated his agreement with the staff report and recommendation; and recommending that Common Council re-zone the parcel of land with an area of approximately 1 acre, located at 906 Grandview Avenue (NBGIC Number 336495), from "RS-2" One and Two Family Residential to "RM-1" Three Storey Multiple Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (1) the development of the site must be in accordance with a detailed site plan, to be prepared by the proponent and subject to the approval of the Development Officer, indicating building locations, parking, vehicular and pedestrian circulation areas, exterior lighting and landscaping; (2) the approved plans mentioned in (1) must be attached to the application for a building permit for the development; (3) all driveways and parking areas must be paved with asphalt and 88-144 COMMON COUNCIL SEPTEMBER 5, 2000 proper drainage systems be provided and connected to the City storm sewer system; and (4) all work shown on the approved site plan and building elevation plans must be completed no later than one year after approval of the building permit for development. Brian Hersey of 11 Nova Drive appeared in support of the proposed amendment, and expressed agreement with the recommendation. (Councillor Vincent entered the meeting.) 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 a parcel of land with an area of approximately one acre, located at 906 Grandview Avenue (NBGIC Number 336495), from "RS-2" One and Two Family Suburban Residential 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 White Seconded by Councillor Desmond RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land with an area of approximately 1 acre, located at 906 Grandview Avenue (NBGIC Number 336495), from "RS-2" One and Two Family Suburban Residential 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. 4. Mavor's Remarks Mayor McAlary proclaimed Tuesday, September 5, 2000 as University of New Brunswick-Saint John Day in the City of Saint John; and expressed appreciation to Chief of Police Cogswell and officers of the Saint John Police Force for their efforts toward the success of the Canadian Chiefs of Police Conference held in Saint John last week. 5. News Media Reports On BudQet Items 6. Newspaper Articles On Tax Breaks To Gas Companies On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letters from Councillor Fitzpatrick regarding news media reports on budget items and newspaper articles on tax breaks to gas companies, under agenda items 5 and 6, respectively, be laid on the table pending Councillor Fitzpatrick's presence. Question being taken, the tabling motion was carried. 88-145 COMMON COUNCIL SEPTEMBER 5, 2000 7. Unsolicited ProQram Proposals For Community Centres On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that the report from the City Manager advising of staff's recent receipt of unsolicited proposals from the Canada Games Aquatic Centre, the YM-YWCA and Saint John Child Care Centre Ltd. to operate recreation/leisure programs at various City community centres, and providing a synopsis of the three proposals; and recommending that (1) Common Council authorize staff to undertake discussions with each of the above-named organizations in an attempt to negotiate the best agreement(s) beneficial to the City, and (2) the results of such negotiations be presented to Council for consideration, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 8. Consulting Engineering Services For Renewal Of Lancaster Standpipe On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the proposal of ADI Limited be accepted for engineering services (design and construction management) for the Lancaster standpipe, and the Mayor and Common Clerk be authorized to execute the appropriate contract documentation. Question being taken, the motion was carried. 9. Zoning By-law Amendment New Pits And Quarries Zone Read a report from the City Manager providing a summary of events since the May 15, 2000 public hearing for a proposed Zoning By-law amendment concerning a new zone for pits and quarries and the re-zoning of individual properties to the "PQ" Pits and Quarries Zone, and referring to the City Solicitor's recommendation to Council on June 19, 2000 that Council amend the Municipal Plan prior to adopting a new Pits and Quarries Zone and Council's authorization for staff to initiate the required Municipal Plan amendment process as the next step in adopting a "PQ" zone with the public hearing in this regard set for October 1 0, 2000; advising that, while additional meetings held between the residents and the operators may have given each group a greater appreciation of their positions, consensus could not be reached on how the proposed amendments to the Zoning By-law should deal with the issues, the one exception being agreement not to require fencing in quarries; and also advising that staff is confident that the proposed "PQ" Pits and Quarries Zone is a significant improvement from the current situation where pits and quarries can be established in a number of zones "as of right" in accordance with Section 880 of the Zoning By-law, and the proposed new zone contains standards which reflect the Pits and Quarries Aggregate Resource Strategy findings and the significant input received in a lengthy public process, and these requirements address the social, environmental and economic concerns expressed throughout the planning process; and setting out a recommendation for Council's consideration. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) Common Council initiate the submitted proposed amendment to the Zoning By-law with regard to a new zone for pits and quarries, refer the proposed amendment to the Planning Advisory Committee for a report and recommendation, authorize the necessary advertising in this regard and set the public hearing date for Tuesday, October 10,2000 at 7:00 o'clock p.m.; (2) pursuant to Section 71 of the Community Planning Act, the development of new pits and quarries be prohibited until the submitted proposed Zoning By-law amendment becomes valid or fails to become valid; and (3) staff be instructed to initiate the re-zoning of specific properties with existing operations once the new "PQ" Pits and Quarries Zone is established. 88-146 COMMON COUNCIL SEPTEMBER 5, 2000 Question being taken, the motion was carried. 10. Establishment ChanQes Consideration was given to a report from the City Manager summarizing the proposed amendments to the 2000 Establishment of permanent positions, including the recommended placement in the Management Grouping of the following positions: Administrator - Fleet Services (Group E), Asset Manager - Properties (Group E), Manager - Fleet Administration (Group F), the deletion of the Local 18 Tradesman's Helper position and the addition of a Local 18 Mechanic position; setting out the manner in which the total number of permanent positions is distributed; and recommending approval of the amendments to the Establishment. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council approve the amendments to the 2000 Establishment as presented in the submitted report from the City Manager, dated September 5, 2000. Question being taken, the motion was carried. 11. Purchase Of Easement For Municipal Services, Glenwood Drive Read a report from the City Manager advising of the need to acquire an easement for municipal services from Corporation 1906 Inc., the owner of PID Number 55046148 on Glenwood Drive in West Saint John, in order to relocate a portion of the water transmission main at a bridge structure (on Pipeline Road); and recommending acquisition of the easement. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City of Saint John acquire an easement for municipal services over 293 :t m2 of NBGIC Number 55046148 on Glenwood Drive, as generally shown on the submitted plan (the "subject easement"), from Corporation 1906 Inc., for the price of $5 per square metre ($1 ,465:t) provided that the City of Saint John will: (1) prepare and pay for plan of survey; (2) pay HST in addition to the above-noted sum, if applicable; (3) pay (up to $300) for the legal fees incurred by Corporation 1906 Inc. to complete this transaction; and (4) upon completion of the installation/relocation of the water transmission main, reinstate the surface of the lands subject to the easement to a condition equal to or better than that existing prior to the installation/relocation of the water transmission main, and fill and grade the surface over the existing water transmission main (adjacent to the subject easement), which has been subject to surface erosion. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting as he was not present for the August 28, 2000 public hearings for a proposed Zoning By-law amendment to re-zone property located at 265 Somerset Street, and a proposed Street Closing By-law amendment with regard to a portion of Tippett Drive.) 12. Zoning By-law Amendment Re-ZoninQ 265 Somerset Street On motion of Councillor White Seconded by Councillor Trites RESOLVED that the by-law entitled, "By-law Number C.P. 100-539 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 265 Somerset Street (NBGIC Number 31815), having an area of approximately 780 square metres (8,400 88-147 COMMON COUNCIL SEPTEMBER 5, 2000 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-539 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 13. Street Closing By-law Amendment Re Portion Of Tippett Drive On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to the stopping up and closing of the following portion of highway: TIPPETT DRIVE: ALL that portion of the public street (currently designated by N.B.G.I.C. #55051049) situate lying and being in the City of Saint John in the County of Saint John and Province of New Brunswick and laid out on the "Plan of Dominion Park in the Parish of Lancaster Saint John, N.B." dated Mar. 3, 1936 filed in the Saint John County Registry Office on April 9, 1937 as File 16 No. 112 being within the limits of a parcel of land bounded and described as: "Commencing at the southeasterly corner of Lot No. 66 on the said plan thence in a southerly or southeasterly direction on an extension of the easterly sideline of said Lot No. 66 to the waters of South Bay; thence westerly along the water's edge to the point where the extension of the westerly side line of said Lot No. 66 intersects the same; thence northerly along the said extension of the westerly side line of Lot No. 66 to the southwestern corner of said Lot No. 66; thence easterly along the southern boundary of said Lot No. 66 to the place of beginning." - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Titus re-entered the meeting.) 14. Brian McLain - Truck Traffic On Westmorland Road On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from Brian McLain complaining about the increasing truck traffic along Westmorland Road, which is supposed to be a no truck route, be referred to the City Manager and the Saint John Board of Police Commissioners. Question being taken, the motion was carried. 15. Paul Coyle - Request To Address Council Re Further Development Of Meadowland Subdivision Consideration was given to a letter from Paul Coyle requesting to address Common Council in open session on September 11, 2000, and advising that he wants development in the Meadowland Subdivision stopped until the City of Saint John has successfully corrected the problems with the water system as homes have been damaged because of this problem, and that further development will only cause more flooding in the homes there. 88-148 COMMON COUNCIL SEPTEMBER 5, 2000 Mayor McAlary suggested that the City Solicitor might want to address the issue of liability, and the questions in the above letter could be referred for response. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that Paul Coyle be invited to address Council on the issue of the problem of backup and further development. The Mayor noted the need for a two-thirds affirmative vote of Council for the motion to be adopted. Mr. Nugent commented in terms of the number of actions begun against the City with respect to flooding that has occurred to certain homes in the Meadowland Subdivision, one of the properties being that of Mr. Coyle's residence and this being the second letter from Mr. Coyle and, in fact, the third letter received by Council asking to meet with respect to the issue with the storm sewer system in that area; and, in noting that in each case he has advised Council that it would be inappropriate to engage in that discussion with the persons who had requested to address Council, explained that the reason for doing that was one based upon the nature of the City's contract with its insurer to provide the City indemnification should a claim be made against the City in that, with regard to the claims made against the City, the City insurer has appointed legal counsel to provide the City with a defense, and litigation has begun against the City which is entirely legitimate, but that process, once put in place, leaves with the City insurer the exclusive right to carry that action forward and, if the City were to insert itself into that process now, it would run the risk of voiding the coverage that would be available to the City should the litigation be in favour of the claimants. Mr. Nugent re-iterated his opinion that it would be inappropriate to engage in a discussion with Mr. Coyle or the people who have previously asked for a meeting, and added that there were two issues raised in Mr. Coyle's letter which could conceptually be separated from the subject of the actions that have been begun and which are fairly clearly defined and would not require any further expansion or elucidation by Mr. Coyle, the first one being whether or not further development in the area would expose those properties to the sorts of flooding that occurred in homes of the plaintiffs in question; the second being whether or not allowing further development in that area would exacerbate the flooding problem which the plaintiffs have experienced in the past. Mr. Nugent suggested that Council not hear from Mr. Coyle because, in his belief, it would be unreasonable and unrealistic to expect that presentation could be made without moving from one area of concern to another, the one that Council must especially avoid being the subject of the litigation currently outstanding; however, it would be appropriate for Council to refer the questions in Mr. Coyle's letter to the City Manager for a report back to Council, and that this would address the legitimate concerns of the residents with respect to possible future activity in that area and leave intact and preserve the City's position under the terms of the City's insurance coverage regarding litigation that is currently ongoing. As to the possibility of the residents meeting with City staff in an attempt to resolve their outstanding concerns, such as what the City is currently doing in terms of improvements in the area, to alleviate their fears that there might be more damage to their homes, Mr. Nugent advised that the most appropriate way to deal with that would be in a report from the City Manager to Council, officially and formally at a meeting of Council which would clearly be available to the residents in all its detail, being as thorough as it need be to meaningfully address the questions raised; and, as for the residents presenting their questions to the City Manager, Mr. Nugent, in noting the risk of doing so, advised that he would not encourage the City Manager to accept a list of questions because then it would become a question of whether or not they are confined to issues which could be dealt with as opposed to issues which are perhaps the subject of the litigation that is outstanding. Question being taken, the motion was lost with the Mayor and Councillors Chase, Titus, Trites, White and Vincent voting "nay". On motion of Councillor Titus Seconded by Councillor Chase RESOLVED that the above matter be referred to the City Manager, as advised by the City Solicitor, for a report to Council in open session on those issues. Question being taken, the referral motion was carried. 88-149 COMMON COUNCIL SEPTEMBER 5, 2000 16. Dorene Alexander - Ticket For ParkinQ Violation On motion of Councillor Titus Seconded by Councillor White RESOLVED that the letter from Dorene Alexander commenting on the submitted parking violation ticket (August 23, 2000), as well as on having her purse stolen while in Market Square, and advising that she is sure that issuing parking violations to tourists is much more important than pursuing a petty theft, be received and filed and a copy be referred to the Saint John Board of Police Commissioners. The initial motion to receive and file the above letter was changed to that above with the consent of the mover and seconder upon the suggestion that the Police Commission might want to respond to Ms. Alexander's comments about her stolen purse. Question being taken, the motion was carried. 17. Ellerdale Investments Ltd. - Amendment To Section 39 Conditions Re-ZoninQ 985-1001 MillidQe Avenue On motion of Councillor Trites Seconded by Councillor White RESOLVED that the application of Ellerdale Investments Ltd. for an amendment to the Section 39 conditions of re-zoning of the property located at 985-1001 Millidge Avenue 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 Tuesday, October 10, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment The Mayor noted that the next regular meeting of Council was scheduled for September 11,2000, at 7:00 o'clock p.m., and the meeting adjourned. Common Clerk