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2000-10-16_Minutes 88-196 COMMON COUNCIL OCTOBER 16, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of October, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; 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; 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 Lieutenant Rob Kerr of the Salvation Army offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that minutes of the meeting of Common Council, held on Tuesday, October 10, 2000, be approved. Question being taken, the motion was carried. 7. Mavor's Remarks Mayor McAlary commented on the first official visit to the City of Saint John by Her Excellency Adrienne Clarkson, Governor General of Canada, on October 14, 2000 and, in noting a decision at a previous meeting to give a donation of $500 to the Greater Saint John United Way Campaign in honour of her visit, presented a cheque in this amount to Councillor Titus, Chairman of this year's United Way Campaign. 3(a) Zoning By-law Amendment To Re-Zone 553 Earle Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 553 Earle Avenue (NBGIC Number 36962), having an area of approximately 470 square metres (5,058 square feet), from"R-1 B" One Family Residential to "R-2" One and Two Family Residential classification, to permit the continued use of the property as a two-family dwelling, as requested by Ian A and Patricia S. Wilson, 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 and a letter in support of the above application considered at the Committee's October 3, 2000 meeting at which Ian Wilson, owner of the subject property, expressed agreement with the staff recommendation, and no other person attended; advising of the Committee's adoption of the staff recommendation and its recommendation that Council waive the application fee since this property has existed as a two-family dwelling for a long period of time; and recommending that (1) Common Council re-zone a parcel of land located at 553 Earle Avenue, having an area of approximately 470 square metres (5,058 square feet), also 88-197 COMMON COUNCIL OCTOBER 16, 2000 identified as being NBGIC Number 36962, from "R-1 B" One Family Residential to "R-2" One and Two Family Residential classification; and (2) Common Council waive the re- zoning application fee. Ian Wilson of 553 Earle Avenue, appearing in support of his application for re-zoning, expressed agreement with the Planning Advisory Committee recommendation in this regard, and requested Council to endorse the recommendation. On motion of Councillor Desmond Seconded by Councillor White 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 553 Earle Avenue (NBGIC Number 36962), having an area of approximately 470 square metres (5,058 square feet), from "R-1 B" One Family Residential to "R-2" One and Two Family Residential 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 Desmond 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 parcel of land located at 553 Earle Avenue (NBGIC Number 36962), having an area of approximately 470 square metres (5,058 square feet), from "R-1 B" One Family Residential to "R-2" One and Two Family Residential 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. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, Common Council waive the re-zoning application fee with regard to Ian A. and Patricia S. Wilson's application for 553 Earle Avenue. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-law Amendment To Re-Zone Former New Albert School Property Duke Street West. Watson & Guilford Streets The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the former New Albert School property located on Duke Street West, Watson and Guilford Streets, having an area of approximately 1.2 acres, also identified as being NBGIC Numbers 361865,362061, 55144877,55144935,55144893,55144869, 55144901, 55144927, 55144919 and 55144885, from "IL-1" Neighbourhood Institutional to "RM-1" Three Storey Multiple Residential classification, to permit the site to be developed for residential purposes, as requested by Galbraith Construction Limited, and no written objections were received in this regard. 88-198 COMMON COUNCIL OCTOBER 16, 2000 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's October 3,2000 meeting at which no persons attended and no letters were received, and the Committee adopted the staff recommendation; and recommending that Common Council re-zone a number of parcels of land located on Duke Street West, Watson Street and Guilford Street, having an area of approximately 1.2 acres and also identified as being NBGIC Numbers 361865,362061,55144877,55144935,55144893, 55144869,55144901,55144927,55144919 and 55144885, from "IL-1 Neighbourhood Institutional 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: (a) the developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt; (b) the developer must enclose all paved areas with continuous cast-in-place concrete curbs, where deemed necessary by the Development Officer, in order to protect the landscaped areas and to facilitate proper drainage; (c) the developer must provide adequate site drainage facilities (including catch basins, where necessary) in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; (d) all utilities, including power and telephone, must be provided underground by the developer; (e) the developer must landscape all areas of the site not occupied by buildings, driveways, walkways or parking areas, and the landscaping must extend onto the City street right-of-way to the edge of the street curb/sidewalk; (f) the site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, free-standing signs, exterior lighting, landscaped areas and other site features, and the approved site plan must be attached to the application for building permit for the development; (g) the site shall not be developed except in accordance with detailed exterior elevation plans, prepared by the applicant and subject to the approval of the Development Officer, which demonstrate contextual compatibility with the historic character of buildings in the neighbourhood of the subject site, and which are generally in accordance with the guidelines contained in the Infill Housing and Rehabilitation Guidelines of the City of Saint John, and the approved elevation plans must be attached to the application for building permit for the development; and (h) the developer must complete all work shown on the approved site and building elevation plans within one year of building permit approval. On motion of Councillor Ball Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a number of parcels of land located on Duke Street West, Watson Street and Guilford Street, having an area of approximately 1.2 acres and also identified as being NBGIC Numbers 361865,362061,55144877,55144935,55144893, 55144869, 55144901, 55144927, 55144919 and 55144885, from "IL-1 Neighbourhood Institutional 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 Ball RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a number of parcels of land located on Duke Street West, Watson Street and Guilford Street, having an area of approximately 1.2 acres and also identified as being NBGIC Numbers 361865,362061,55144877,55144935,55144893, 55144869, 55144901, 55144927, 55144919 and 55144885, from "IL-1 Neighbourhood Institutional 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. 88-199 COMMON COUNCIL OCTOBER 16, 2000 Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 5(a) Amendment To Section 39 Conditions Re-ZoninQ Of 985-1001 MillidQe Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the August 5, 1997 re-zoning of the property situated at 985 to 1001 Millidge Avenue, also identified now or formerly as NBGIC Numbers 48363 and 470047, to permit a revised proposal as the developer wishes to revise the layout and design of the approved 11-unit residential project, as requested by Ellerdale Investments Ltd., and no written objections were received in this regard. 5{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 October 3, 2000 meeting at which John Rocca, Vice-President of Ellerdale Investments Ltd., expressed agreement with the staff recommendation, which the Committee adopted; and setting out a recommendation in this regard. John Rocca, Vice President of Ellerdale Investments Ltd., appeared in support of the application, expressed agreement with the above recommendation and offered to respond to questions in this regard. On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) amend the Section 39 conditions imposed on the August 5, 1997 re-zoning, and incorporated into an agreement dated November 27, 1997, of the subject property situated at 985 to 1001 Millidge Avenue, also identified now or formerly as NBGIC Numbers 48363 and 470047, to permit the submitted revised proposal, with the following further modifications: (a) the proposed driveway entrance off Millidge Avenue, closest to Manners Sutton Road, must be combined with the existing driveway entrance serving Units 1 and 4; and (b) all driveways must be no wider than 9 metres (30 feet) measured at the street line; and (2) authorize a partial release of the existing municipal services easement and public utility easement to the extent necessary to ensure that the proposed building is clear of any such easement, provided that the Chief City Engineer and the affected utilities are satisfied, based on detailed plans to be prepared by the developer, that the remaining easement area will provide adequate protection to the municipal services and utilities, and the Mayor and Common Clerk be authorized to execute the necessary release document. Mr. Nugent suggested that, if Council were prepared to accept the thrust of recommendation (2) above, Council should add to it authority for the Mayor and Common Clerk to execute the necessary release document, and the mover and seconder of the motion agreed to do so. Question being taken, the motion was carried. On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the correspondence regarding the above amendment be received and filed. 88-200 COMMON COUNCIL OCTOBER 16, 2000 Question being taken, the motion was carried. 7. Mavor's Remarks The Mayor proclaimed October 15 to 21,2000, as YWCA Week Without Violence in the City of Saint John. 8. Public Hearing - Proposed Re-Zoning Of 1384 Old Black River Road Read a report from the City Manager regarding the application of Thomas Developments Ltd. for the re-zoning of property at 1384 Old Black River Road, Council having scheduled a new public hearing for October 16, 2000 having been advised by the City Manager on August 28, 2000 of the Planning Advisory Committee's tabling of the application and indicating that Common Council's policy in this case was to cancel the public hearing and schedule a new public hearing, and in view of the City Manager's subsequent report to Council on September 11, 2000; advising that the Planning Advisory Committee did not have a quorum for this application at its October 3, 2000 meeting, and recommending that a new public hearing of this application be scheduled for November 20, 2000. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that public hearing of October 16, 2000 for the proposed re-zoning of property located at 1384 Old Black River Road be cancelled and the necessary advertising be authorized for the proposed re-zoning, with the public hearing to be held on Monday, November 20,2000, at 7:00 o'clock p.m. Councillor Vincent questioned the process carried out by the Planning Advisory Committee in the above regard during which time Mr. Baird advised that, although the Committee's public hearing was concluded and the matter tabled, there would be an opportunity for both the applicant and area residents in this case to address the issue, and Mr. Nugent advised that the process followed by the Planning Advisory Committee is a procedure that it establishes itself and, provided it has not departed from that in a fashion that is prejudicial to any parties coming before the Committee, in his view it was unexceptional and satisfactory. Question being taken, the motion was carried. 9. Public Hearing - Proposed Amendment To Section 39 Conditions Re-ZoninQ 477 MillidQe Avenue Consideration was given to a report from the City Manager regarding the application of Peter Pappas for an amendment to the Section 39 conditions of re-zoning of the property located at 477 Millidge Avenue, for which the public hearing was scheduled for October 16, 2000; advising that the Planning Advisory Committee at its October 3, 2000 meeting was not able to make a final recommendation as a quorum for this item was not available and, as it is Council's policy to cancel the scheduled public hearing and establish a new public hearing date when the Committee is not able to make a recommendation, a new public hearing on this application be scheduled for November 20, 2000. On motion of Councillor White Seconded by Councillor Court RESOLVED that the public hearing of October 16, 2000 for the proposed amendment to the Section 39 conditions of re-zoning of property located at 477 Millidge Avenue be cancelled and the necessary advertising be authorized for the proposed amendment, with the public hearing to be held on Monday, November 20,2000, at 7:00 o'clock p.m. Question being taken, the motion was carried 88-201 COMMON COUNCIL OCTOBER 16, 2000 10. Proposed Meeting Schedule Re Pits And Quarries Amendments On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the report from the City Manager proposing the following schedule to allow for sufficient time for consideration of all of the points raised at the October 10, 2000 public hearing for the proposed Municipal Plan and Zoning By-law amendments with respect to pits and quarries and approved heavy industrial developments, Council having given first readings to the proposed amendments and referred the matter to the City Manager and the City Solicitor: Legal Report - October 23, 2000, Issues Report - November 6, 2000, Potential Additional Discussion - November 14, 2000, Second Reading - November 20,2000, Third Reading - December 4,2000; advising that March 12,2001 would be the final date for the amendments to be enacted and submitted to the Minister for approval; and recommending that the schedule be accepted, be received and filed and the recommendation adopted. The mover and seconder of the initial motion to receive and file the above report consented to the addition to it of acceptance of the schedule. Question being taken, the motion was carried. 11. Tender For Supplv Of HiQhwav Salt On motion of Councillor Court Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Cargill Salt Co., in the amount of $42.61/tonne, plus tax, be accepted for the supply and delivery of highway salt for the period ending April 1, 2001. Question being taken, the motion was carried. 12. Response To Request For Funding For Saint Patrick's School PlaVQround Read a report from the City Manager in response to the October 2, 2000 presentation on behalf of the Saint Patrick's School Playground Committee for cost sharing in the development of a playground. On motion of Councillor Court Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council approve that the City of Saint John will contribute up to $20,778.93 from the Land for Public Purposes Trust Fund in support of the development of a new playground at Saint Patrick's School, with the conditions that, prior to disbursement of funds: (a) the equipment supplier provide confirmation satisfactory to the Commissioner of Community Services that the equipment supplied and installed fully meets CSA Standards; and (b) a certificate is received from the Superintendent of School District #8 stating that the playground at Saint Patrick's School shall be open for the recreational use and enjoyment of the general public. Question being taken, the motion was carried. 13. Communities In Bloom On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the report from the City Manager advising of a number of other initiatives underway which should have very positive outcomes for Saint John, resulting from the City's success in the Communities in Bloom program, including (1) the Canadian Tourism Commission's recently announced Bloom Tours Product Club, similar to the Bay of Fundy Product Club; (2) PAN Video 88-202 COMMON COUNCIL OCTOBER 16, 2000 Services has been discussing a proposal with HGTV, Home and Garden Television, to produce videos which would highlight three communities that have been successful with Communities in Bloom, and Saint John is one of the cities being considered for this production; (3) the City and Greater Saint John area will be highlighted in a special edition of Plant & Garden magazine; and (4) Raymond Carriere, President of Communities in Bloom, during a presentation earlier this year at a national conference in Japan, used slides from Saint John as examples of successful projects such as the Marigolds on Main Street Project and, following the latest national win in Edmonton, the Counsel General of Japan requested Mr. Carriere to make arrangements for Bernie Morrison, Director of Recreation and Parks, to travel to Japan in the fall of 2001, with all expenses paid, to speak about Communities in Bloom in Saint John, be received and filed. Question being taken, the motion was carried. 14. Payment Of Clark Drummie Accounts Re City's Liabilitv Insurance CoveraQe On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Solicitor, authority be granted for payment of the submitted accounts from the law firm of Clark Drummie, in the total amount of $2,399.37, for services provided in connection with an issue related to the City's liability insurance coverage. Question being taken, the motion was carried. 15. Councillors' Travel To National Forum On ShipbuildinQ. St. John's. Newfoundland Consideration was given to a letter from the Common Clerk advising that, pursuant to the Travel Policy for Elected Officials which provides that authority to travel outside the Province and to incur business expenditures shall be authorized by a resolution of Common Council and provided sufficient funds are available in the budget, Council's authorization is required for Councillors Court and Desmond to attend the National Forum on Shipbuilding in St. John's, Newfoundland on October 19 and 20, 2000. On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that the authority be granted for Councillors Court and Desmond to attend the National Forum on Shipbuilding in St. John's, Newfoundland, on October 19 and 20,2000. Question being taken, the motion was carried. 16. Estee Entertainment Ltd. - Amendment To Section 39 Conditions Of Re-ZoninQ Of 231 Churchill Boulevard On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the application of Estee Entertainment Ltd. for an amendment to the Section 39 conditions of re-zoning of property located at 231 Churchill Boulevard 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, November 20, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 88-203 COMMON COUNCIL OCTOBER 16, 2000 6. Fundy Region Solid Waste Commission Re Compost Collection Options Consideration was given to a report to the Fundy Region Solid Waste Commission from Ray E. Halsey, Vice President of Vaughan Engineering Limited, dated October 12,2000, providing a comparative evaluation of reusable aerated plastic carts versus disposable plastic and biodegradable bags for residential source-separated organics collection and processing in the Fundy Region, drawing on the experience gained by the Halifax Regional Municipality (HRM) in a virtually identical cart roll-out program, including the following: (1) a review of the Halifax Regional Municipality's 1996- 97 residential organics container bidding process; (2) a discussion of the cart versus bag evaluation process; (3) cost comparisons of HRM's system based upon cart and bag program requirements; (4) the applicability of HRM's program to that being implemented in the Fundy Region; (5) general comments on non-cart based programs; and (6) a review of any other known full-scale bag-based source-separated residential organics collection programs in North America. Peter LeBlanc, Chair of the Fundy Region Solid Waste Commission, noted the Commission's presentation to Council on October 2, 2000 in the above regard, and advised the intent of Ray Halsey of Vaughan Engineering Limited to address the above-mentioned report. Jens Jensen, General Manager of the Commission, introduced Ray Halsey who, he advised, was present at the meeting to assist Council in understanding the specific question asked by Council with regard to the composter cart, as proposed by the Commission, versus bags as options for compost collection; and advised the intent to come back to the question of place of biodegradable bags, specifically, in the system being proposed by the Commission because they do have a place. Mr. Halsey, in highlighting the above report, commented on the two-stage bidding process referenced therein, as well as the indication in the table comparing the cost of carts versus bags that bags represented virtually twice the cost of any type of reusable container; and made the observation that, in the issue of bags versus carts, the bidding process carried out determined that bags could not be collected on a bi-weekly basis and would have to be collected on a weekly basis, while aerated carts are, in all the applications throughout North America, collected on a bi-weekly basis, which has a significant implication in costs, thus, in considering the whole aspect of bags possibly for certain demographics and certain individuals, that would have to be a consideration in the collection program. Council members spoke, in turn, in the above regard during which time Mr. Halsey and Jensen responded to questions. On the issue of cost, Mr. Jensen advised that, as indicated in both Mr. Halsey's report and an analysis done for the Commission by Acres Engineering during the pilot project, the approximate cost to a typical household per year to buy biodegradable bags would be approximately $20 to $25, and the comparable cost of the carts, when financed over a ten-year plan as suggested by the Commission's finance plan and including the cost of putting cart lifters on trucks, worked out to approximately $13 per cart; and suggested that it would probably not be good public policy to have bags made freely available as they would be used for all kinds of other things and there were also shelf-life issues with biodegradable bags, and it would undoubtedly be a direct household cost, while the cost of the carts would become disbursed over the system and, in effect, be financed as a surcharge as a component of the tipping fee paid for waste going to the landfill. Mr. Jensen also advised that, as to an alternative to carts for people who for either their own physical condition or the condition of the place they live are unable to use them, there was a useful place for biodegradable bags in the system, thus the biodegradable bag would be a viable way to handle those cases where people simply cannot accommodate the carts for one reason or another, provided that the City's own collection policy would see the City picking them up; and Mr. Halsey commented on the Halifax experience in terms of people in unusual situations using biodegradable bags and residents whose collection is done by the commercial sector. Councillor Vincent questioned the square mileage of Lunenburg and the Halifax Regional Municipality as compared to the City of Saint John, and spoke on the basis of cost, applicability and timing as the three points he used to look at this issue, his concerns being that he was not sure that the City could afford the cost involved, the timing involved in traveling from one point to another in an area of 125 square miles would have a very significant effect on the program, particularly with regard to the two-week pick-up proposed, and the applicability of the program in areas of the City of Saint John such as King Street East; and, in response to his question as to when the Crane Mountain landfill would have in place the system required to deal with compost pick-up, Mr. Jensen advised that August 1, 2001 was the date being used as 88-204 COMMON COUNCIL OCTOBER 16, 2000 that to open the doors for business in the compostable end of things, with the carts to be distributed in the ten-week period leading up to August 1, and he would like to proceed within the next couple of weeks with the tender call for the carts with orders placed very early in the new year. The Mayor advised that her biggest concern was the cost and the purchase of carts for residents not knowing whether or not they want to use them, and also that the use of the carts would be difficult in many areas of the City, and expressed concern that everybody in Saint John was not recycling and the Commission's advertising and promotion on recycling had fallen off, and also that the City would be changing to a bi-weekly pick-up system from the weekly pick-up system that has been in place. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that Councillor Stephen Chase, Council's representative on the Fundy Region Solid Waste Commission, be authorized to vote in favour of the purchase of composting carts. In proposing the motion, Councillor Titus did so keeping in mind that Council wanted the option for bags for those people who need to use them. Question being taken, the motion was carried with the Mayor and Councillor Vincent voting "nay". Adjournment The Mayor declared the meeting adjourned. Common Clerk