2000-10-23_Minutes
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OCTOBER 23, 2000
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-third day of October, AD., 2000, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Ball, Court, Desmond, Fitzpatrick, Titus, Trites and
Vincent
- 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; P. Groody,
Commissioner of Municipal Operations; S. Galbraith, Director of
Works; J. Baird, Manager of Community Planning; W. Edwards,
Building Inspector; P. Hanlon, Manager of Water and Sewerage
Services; M. McBrien, Engineering Technician, Municipal
Operations; E. Farren, Intergovernmental Affairs Officer; G. Tait,
Fire Chief; A Bodechon, Deputy Chief of Police; Mrs. M.
Munford, Common Clerk; and Ms. C. Mosher, Assistant Common
Clerk.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order, and Rev. Allister Anderson of
the Church of St. Andrew and St. David offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that minutes of the meeting of
Common Council, held on October 16,2000, be approved.
Question being taken, the motion was carried.
* Added Item
On motion of Councillor Vincent
Seconded by Councillor Titus
RESOLVED that a report on behalf of the
Shipbuilding Committee with regard to the National Forum on Shipbuilding in St. John's,
Newfoundland, be added to the agenda for consideration at this meeting as item 5A
Question being taken, the motion was carried.
3(a) Zoning By-law Text Amendment Re SZ#5 Zone
And Re-ZoninQ Of 378-380 Westmorland Road
The Common Clerk advised that the necessary advertising was
completed with regard to (i) a proposed Zoning By-law text amendment to add special
zone (SZ#5) to the list of zones in Section 30(1) and to add its uses and standards as
Section 740(5), and (ii) the proposed re-zoning of a parcel of land located at 378-380
Westmorland Road (NBGIC Number 316851), having an area of approximately 1.2
hectares (3 acres), from "B-2" General Business to "SZ#5" Special Zone #5, to permit
the operation of a car sales lot and/or a mobile home/travel trailer sales lot, as requested
by Fred Ganong, 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
October 16,2000 meeting at which the applicant, Fred Ganong, agreed with the staff
recommendation noting that, as he understood it, the existing uses in the larger building
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on the same property would be permitted to continue and staff confirmed that the uses
permitted in the "B-2" General Business Zone would be permitted to continue; and
recommending that Common Council adopt the proposed amendment to the Zoning By-
law by: (1) adding the following to the list of zones in Section 30(1): "special zones
SZ#5"; (2) adding the following as Section 740(5):
(5) Special Zone #5 (SZ#5)
(a) Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose than:
(i) the following uses:
- all uses permitted in Section 520(1)(a), subject to any applicable conditions
contained in Section 520(2);
(ii) the following uses subject to such terms and conditions as may be imposed
by the Committee: a car sales lot or a mobile home or travel trailer sales lot; all
other uses permitted in Section 520(1)(b), subject to any applicable conditions
contained in Section 520(2;
(iii) subject to Section 830, an accessory building, structure or use, incidental to a
use, building or structure permitted in this zone.
(b) Zone Standards
Standards for development in Special Zone #5 shall be as set out in Section
520(3), and Section 810 to 910 where this zone shall be considered a"B-2" zone,
a "B" zone, or a business zone, as the case may be.";
and (3) the proposed re-zoning of a parcel of land located at 378-380 Westmorland
Road (NBGIC Number 316851), having an area of approximately 1.2 hectares (3 acres),
from "B-2" General Business to "SZ#5" Special Zone #5, subject to a resolution pursuant
to Section 39 of the Community Planning Act setting out the following conditions: (a) 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 building
location, paved parking areas, driveways, free-standing signs, exterior lighting,
landscaped areas and other site features, and the approved site plan must be attached
to the application for building permit for the development; and (b) all site improvements
shown on the approved site plan must be completed within one year of building permit
approval.
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, by (i) adding a special zone (SZ#5) to the list of
zones in Section 30(1) and to add its uses and standards as Section 740(5), and (ii) re-
zoning a parcel of land located at 378-380 Westmorland Road (NBGIC Number
316851), having an area of approximately 1.2 hectares (3 acres), from "B-2" General
Business to "SZ#5" Special Zone #5, pursuant to Section 39 of the Community Planning
Act as recommended by the Planning Advisory Committee, be read a first time.
Councillor Trites expressed concern that the operation proposed for the
above property with the re-zoning was already up and going.
Question being taken, the motion was carried with Councillor Trites voting
"nay".
Read a first time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, by (i) adding a special zone (SZ#5) to the list of
zones in Section 30(1) and to add its uses and standards as Section 740(5), and (ii) re-
zoning a parcel of land located at 378-380 Westmorland Road (NBGIC Number
316851), having an area of approximately 1.2 hectares (3 acres), from "B-2" General
Business to "SZ#5" Special Zone #5, 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 with Councillors Fitzpatrick
and Trites voting "nay".
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Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor Vincent
Seconded by Councillor Desmond
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
4. Municipal Plan Amendment
11 KinQ William Road
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2A, the Future Land Use Plan, a parcel of land with an area
of approximately 16.4 hectares (40 acres), located on the east side of King William
Road, immediately north of Highway No.1, having civic address 11 King William Road
(NBGIC Numbers 286641 and 55031298 and a portion of NBGIC Number 55109805),
from Low Density Residential to Light Industrial classification, to permit re-zoning of the
property from "RS-2" One and Two Family Suburban Residential to a special zone that
would permit development of a truck and freight terminal with repair and maintenance
facilities, as well as a limited range of other uses currently permitted in the "BP"
Business Park and "1-1" Light Industrial zones, as requested by General Freight Carriers
Inc.
5. Mavor's Remarks
Mayor McAlary proclaimed October 22 to 28, 2000 as National Block
Parent Week in the City of Saint John.
*5A. ShipbuildinQ Committee Report
Councillor Vincent, Chair of the Shipbuilding Committee, noted the
National Forum on Shipbuilding in St. John's, Newfoundland, on October 19 and 20,
2000 at which Councillors Court and Desmond, as well as Intergovernmental Affairs
Officer Ed Farren, attended on behalf of the Shipbuilding Committee. Councillor Court,
in noting that the task of the Shipbuilding Committee was to reaffirm the need for a
national shipbuilding policy, reported verbally on the National Forum in terms of its
theme, those in attendance, the content of the three major sessions involved, and the
outcome; and advised the Shipbuilding Committee's intent to continue its role until a
policy has been confirmed by the Federal Government. Councillor Desmond added his
comments to those of Councillor Court, and the Mayor expressed appreciation to the
Committee members and Mr. Farren for their work on this important issue.
On motion of Councillor Court
Seconded by Councillor Ball
RESOLVED that the above report be received
and filed
Question being taken, the motion was carried.
6. Proposed New Taxicab Bv-Iaw - Public MeetinQ
Read a letter from Mayor McAlary advising of calls from members of the
taxi industry expressing their desire to have a committee formed, consisting of the
Mayor, several members of Common Council and members of the taxi industry, to work
together for two or three months to resolve some of the issues in the proposed new
Taxicab By-law, which would mean that the October 30, 2000 public meeting in this
regard would be cancelled; and expressing the belief that there is some merit in forming
this committee.
The Mayor noted the letters on the agenda of this meeting on the
proposed new Taxicab By-law, under items 20 to 27 inclusive, and asked if Council
would consider putting a committee in place to, within the next two or three months,
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attempt to work out some of the issues, following which a report would be submitted to
Council, thereby cancelling the public meeting scheduled for October 30, 2000 to hear
presentations in this regard.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that Her Worship the
Mayor be authorized to name a committee of several members of Council and members
of the taxi industry representing both owners and operators.
Councillor Titus expressed the opinion that, as the simple reality of this
was that there were those who want meters and some who do not, putting this off now
would just be putting off the inevitable as Council would have to decide on this issue at
some time, and should do so next week.
Question being taken, the motion was carried with Councillor Titus voting
"nay".
20. 21. 22. 23. 24. 25. 26. 27 - Proposed New Taxicab Bv-Iaw
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the following letters
concerning the proposed new Taxicab By-law, under agenda items 20 to 27, as well as
two additional letters (copies of which were distributed to Council members at this
meeting) from Reg Goguen and Paul Ram, owner of Diamond Taxi Ltd., be referred to
the Mayor's Committee in this regard for review: Gorman Nason, solicitors for a group of
Saint John taxi owners/operators; Gerald E. Lowe, owner of Vet's Taxi Ltd.; Mary E.
Shephard; Gordon Perry, Saint John Port Authority, Hilton Saint John / Saint John Trade
and Convention Centre, Uptown Saint John Inc., and Venue Saint John.
Question being taken, the motion was carried.
7. St. Joseph's Hospital EmerQencv Department Closure
Read a letter from Councillor Court advising that he would like to discuss
with Council the matter of the recent announcement of the intention to close the
emergency department of St. Joseph's Hospital from 10:00 p.m. to 8:00 a.m. to seek
Council's support in asking the Government to maintain a 24-hour emergency service
there, as well as to request permission for a presentation to be made by a delegation of
Friends of Health Care NB.
On motion of Councillor Court
Seconded by Councillor Vincent
RESOLVED that item 19 on the agenda of
this meeting, being a letter from Friends of Health Care - NB, be brought forward for
consideration at this time.
Question being taken, the motion was carried.
19. Friends Of Health Care - NB - Right
To Health Care At St. Joseph's Hospital
Consideration was given to a letter from Friends of Health Care - NB
advising its concern about the plan to deny ill patients the right to health care from 10:00
p.m. to 8:00 a.m. each day at St. Joseph's Hospital.
(Councillor Court withdrew from his place at the Council table.)
Councillor Court, in addressing Council from the podium, recognized the
presence at the meeting of Elizabeth Weir, MLA, and others in the delegation of Friends
of Health Care - NB, and, on the basis of the belief that the Regional bureaucracy was
acting in haste at the expense of the citizens, requested Council to intercede and ask the
Provincial Government to listen to the people who, after all, own the health care system.
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Councillor Court asked for a motion of Council, following the presentation, that would
request the Provincial Government to instruct the Region 2 Hospital Board to maintain
twenty-four hour emergency service at St. Joseph's Hospital, and to convene a meeting
with the Friends of Health Care - NB as soon as possible for input into the health care
crisis in New Brunswick and possible solutions thereof.
J. Esmonde Barry, referring to an information package in the above
regard (copies of which were distributed to Council members at this meeting), outlined
the reasons for rejecting the Region 2 shutdown of the St. Joseph's Hospital outpatient
department as planned, as well as the group's recommendations in this regard; and
apprised Council of statistics, based on a 1994 survey with respect to the cachement
area for the Community Health Centre of the City of Saint John which consists of the
South End, Uptown, North, East and Lower West Side, which indicated that the most
vulnerable of society in the City live in close proximity to St. Joseph's Hospital, including
senior citizens and single-parent families. Mr. Barry commented on charts and
documentation provided in the information package comparing the number, age and
type of physician in various areas of Canada, as well as on the increase in the number of
physicians per 100,000 population and the number of family physicians and specialists;
and reviewed charts on patient registrations and information comparing the number and
cost of emergency visits at each of the Saint John Regional and St. Joseph's Hospitals,
as well as the number of emergency room registrations and admissions at each
Hospital, differentiating between information used by the Region 2 administration and
that used by the Friends of Health Care - NB group, the latter based on Annual Reports
of Region 2 and the latest figures produced by the Atlantic Health Sciences Corporation.
Mr. Barry encouraged Council to pass a resolution to address this matter with the
Government and insist in the strongest possible terms the absolute need for the
continuance of the St. Joseph's Hospital Emergency Department on twenty-four hour
basis.
During discussion, Mr. Barry advised that Friends of Health Care - NB
faxed a letter to the Premier earlier this date asking him to instruct the management of
Region 2 to maintain services at St. Joseph's Hospital until such time, at least, until the
audit is completed, noting the intent of the Region to present its program to the Province
on cutting its deficit; and suggested that, in view of the indication that the Emergency
Department at St. Joseph's Hospital would be closed at 10:00 p.m. to 8:00 daily
commencing October 24, a telephone call could be made to the Province to indicate that
documentation would be forthcoming and to request that the decision be delayed until at
least after the audit.
On motion of Councillor Fitzpatrick
Seconded by Councillor Vincent
RESOLVED that the Provincial
Government be requested to instruct the Region 2 Hospital Board to maintain twenty-
four hour emergency service at St. Joseph's Hospital until at least such time as the audit
is complete, and to convene a meeting with the Friends of Health Care - NB as soon as
possible for input into the health care crisis in the Province, and also that the Mayor be
requested to contact the Premier and the Minister of Health, by telephone, in this regard.
Councillor Fitzpatrick suggested that an approach should be made to the
local MLAs by those concerned, and, at Councillor Titus' request, the mover and
seconder agreed to add to the motion the reference to until such time as the audit is
complete. Councillor Vincent asked that the motion also request the Mayor to contact
the Premier and the Minister of Health, by telephone, and the mover and seconder
agreed to do so.
Question being taken, the motion was carried.
Following a brief recess, the Council meeting reconvened.
(Councillor Court returned to his seat at the Council table.)
7 A. Unconditional Grant
Read a letter from Councillor Fitzpatrick advising that he would like the
opportunity to discuss the recent quotation of the Premier regarding the unconditional
grant.
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Councillor Fitzpatrick advised his frustration with the process in hearing
again through the newspaper the Province's plans for unconditional grant funding while
the City is unable to get replies to its letters and telephone calls in this regard, as the
lack of information from the Province makes the budget process extremely difficult for
Council.
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that the Mayor, on behalf of
Council and the citizens of Saint John, advise the Provincial Government of the
frustration of having to budget this way and of the total dissatisfaction with the method of
communication through the press that has been used, and also that the Mayor be asked
to set up a meeting with Greater Saint John MLAs to discuss the matter further.
During discussion the Mayor referenced a proposal suggested by the
Mayors of the seven New Brunswick cities for a five percent reduction in each of the next
two years, rather than a ten percent reduction next year as the Cities' work on a fiscal
year of January to December while the Province's fiscal year is March to April; and
Councillor Trites, President of the Cities of New Brunswick Association, suggested that
this issue would be a major topic of discussion at the forthcoming Annual General
Meeting of the Cities of New Brunswick Association and the Union of Municipalities of
New Brunswick in Saint John on October 27-29,2000.
Question being taken, the motion was carried.
8. 2001 OperatinQ BudQet - Water And SeweraQe Utilitv
Consideration was given to a report from the City Manager submitting the
proposed 2001 Operating Budget for the Water and Sewerage Utility which seeks to
reflect a clear transition to a "new" future for the City's water and wastewater services,
without making the significant rate increases that will, undoubtedly, be a requirement of
future budgets, with the proposed rate increase for 2001 having been set at 3.8%;
providing a summary of expenditure budget categories and comparisons for the years
2000 and 2001, the total proposed expenditures for the 2001 budget year being
$18,848,678, a net increase of $760,150, or4.2%, over 2000, focusing on measures to
enhance service delivery to the public and to prepare for the future in accordance with
the City's strategic direction for water and wastewater services; and also providing a
revenue summary for 2000 and 2001, the proposed 2001 revenue being $18,848,678,
an increase of 4.2% from the 2000 budget year, of which $6,715,000 or 35.6% will be
generated from the Utility's metered accounts and $1,503,000, or about 8% from large
contract water users, while flat rate, or one and two family residential, customers
account for $6,389,000 or 33.9% of revenues, with income from the fire hydrant
protection system adding another 11.3% or $2,114,228 and storm sewer charges
calculated to be $1,791,174 of 9.5%. The report includes a table comparing the 2000
rates and the 2001 proposed new rates for residential flat rate customers for water and
sewerage in terms of the total due (before discount), the discount amount (if paid by
June 30), and the annual amount due (after discount), noting that the discount option
has been retained for 2001, giving residential customers (who make payment by June
30,2001) an opportunity for a 7.3% saving, and also that the Water Strategy
recommendation to eliminate the discount would be deferred until at least 2002; submits
Schedule "B" detailing charges for metered customers; and recommends that, after due
consideration of the budget proposals herein, Common Council adopt the resolutions for
the 2001 Water and Sewerage Utility Operating Budget as set out herein.
9. 2001 Capital BudQet - Water And SeweraQe Utilitv
Consideration was also given to a report from the City Manager
submitting the proposed Year 2001 Capital Budget for the Water and Sewerage Utility in
the amount of $9,356,000, the budget structure having been arranged to reflect the
following six key program areas of the long-term plan set out in "A Strategic Direction for
Water and Wastewater in Saint John", presented to Council on July 31,2000: (1)
Infrastructure Security - Sanitary, (2) Infrastructure Security - Water, (c) System
Development, (d) Wastewater Treatment, (e) Water Service Needs, and (f) Watershed
Protection; also submitting a schedule of projects, with cost estimates and proposed
cost-sharing, and project summaries outlining the scope of each project; advising that
four major projects are proposed for equal 1/3 cost sharing from the three levels of
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government, through the Canada-New Brunswick-Municipal Infrastructure Program
which, in order of priority, are (1) the North End Sewerage Scheme (Churchill Boulevard)
$2,450,000, (2) the North End Sewerage Scheme (Millidgeville STP Upgrade)
$3,500,000, (3) Eastern Wastewater System (Hazen Creek STP design) $1, 170,000,and
(4) the Lancaster Standpipe (construction of new 3.4 MIG tank) $2,550,000, for a total of
$9,670,000, and also that the construction of a septage receiving station and access
ramp at the Lancaster STP is also proposed for cost sharing with the Province; and
recommending approval of the Year 2001 Water and Sewerage Utility Capital Budget.
Mr. Totten, in his comments, made the observation that this was the first
time, in his recollection, that City staff was before Council with the Water and Sewerage
Utility Operating and Capital Budgets prior to Council considering the General Fund
Operating and Capital Budgets; referenced the components of the City's strategic
direction for water and wastewater, as previously presented to Council; and asked
Council's support of the recommendations in the above reports. Messrs. Groody and
Beckett, in turn through a computer-aided presentation, reviewed the highlights of the
proposed 2001 Water and Sewerage Operating and Capital Budgets and the short- and
long-term financial implications of the proposed budgets, respectively.
On motion of Councillor Titus
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, (1) the estimated revenue for the Water and Sewerage Utility for the Year
2001, in the amount of $18,848,678, be adopted; (2) the estimate of expenses for the
Water and Sewerage Utility for the Year 2001, in the amount of $18,848,678, be
approved; and (3) the Year 2001 Water and Sewerage Utility Capital Budget, in the
amount of $9,356,000, be approved, as outlined in the City Manager's submitted reports
dated October 18, 2000, and set out in the submitted schedule of projects.
The mover and seconder of the initial motion to adopt the City Manager's
recommendation in his report under agenda item 8 agreed to change the motion to
include parts (1) and (2) of the recommendation in agenda item 8 and the
recommendation in the City Manager's report under agenda item 9.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the by-law entitled, "A
By-law To Amend A By-law Respecting Water And Sewerage", by repealing and
substituting Schedules "A", "B", "C" and "D" in Section 5, 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 Water And Sewerage".
On motion of Councillor Court
Seconded by Councillor Desmond
RESOLVED that the by-law entitled, "A
By-law To Amend A By-law Respecting Water and Sewerage", by repealing and
substituting Schedules "A", "B", "C" and "D" in Section 5, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A By-law To Amend A By-law
Respecting Water And Sewerage".
10. Province Of New Brunswick
Watershed Protection ProQram - Phase II
Read a report from the City Manager submitting (1) a copy of the City's
Brief in response to the Province of New Brunswick's Discussion Paper on the
Watershed Protection Program - Phase II, which was endorsed by Council on January
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18,1999; and (2) a copy of the Water Source Evaluation, Final Report, which was part of
the 1999 City of Saint John Water Strategy study carried out by Porter Dillon Limited, the
latter which summarized the risks to water quality within watersheds and reviewed the
potential yield from the east and west sources, including a discussion on the proposed
Phase II of the Watershed Protection Program. The report addresses staff's belief that
the Watershed Protection Program, as outlined, does not adequately safeguard drinking
water supplies and fails to define enforcement measures necessary for the maintenance
of standards, and falls short in its goal of safeguarding water supplies today and for
future generations; references the report "A Strategic Direction for Water and
Wastewater in Saint John", reviewed with Council on July 31,2000, of which the
protection of drinking water watersheds is an essential component, and also references
significant public and press commentary on the issue, of late, the Walkerton tragedy of
this year having laid bare how the safety of a public water supply can be undermined.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council (1) reiterate its concern for watershed protection to
the Premier of New Brunswick and the Minister of Environment and Local Government,
and urge them to ensure that strong and enforceable measures are put into place to
safeguard so critical a resource; (2) send a copy the City Manager's report, dated
October 18, 2000, regarding the Province of New Brunswick Watershed Protection
Program - Phase II, with attachments, to them; and (3) urge them to make paramount
the fundamental interests of the Saint John public, along with those thousands of other
people who work in, visit and attend school in the community.
Question being taken, the motion was carried.
(Councillor Vincent withdrew from the meeting.)
11. Standards For Sewage Lift Station
MoorinQs Of MillidQeville Subdivision
Read a report from the City Manager referring to Council's authorization
on September 18, 2000 of the terms of cost sharing for extension of services in
conjunction with a new development at the end of Manners Sutton Road, one term
having related to the standard of sewage lift station to be installed, with the City having
until October 31, 2000 to advise the developer that it wishes to exercise the option in this
regard; and seeking Council's authorization to exercise this option.
On motion of Councillor Ball
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, Common Council authorize staff (1) to exercise the option regarding
the Moorings of Millidgeville Subdivision sewage lift station; (2) to advise the developer
that the City wishes to have a lift station installed for the Moorings of Milidgeville
Subdivision that meets City standards, as outlined in the City Manager's submitted report
dated October 18, 2000, and that any additional costs shall be at the expense of the
Water and Sewerage Utility Fund; and (3) to advise the developer that the sewage lift
station be installed to the satisfaction of the Chief City Engineer.
(Councillor Vincent re-entered the meeting.)
Question being taken, the motion was carried.
12. Street Closing By-law Amendment Re Bayard Drive
And Land Exchange/Adjustment Of Bayard Drive Right-
Of-Way For Renewal Of St. Joseph's Hospital Main Entrance
Consideration was given to a report from the City Manager submitting a
proposal from the Atlantic Health Sciences Corporation, with the authorization of the
Sisters of Charity of the Immaculate Conception, to construct a new main entrance to St.
Joseph's Hospital which would extend onto the present limits of the Bayard Drive street
right-of-way; advising that, in order to facilitate the proposal, the Corporation has
requested the following: (1) a street closure of a portion of the easterly side (adjacent the
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Hospital entrance) of the existing street, (2) a street vesting of a portion of the Sisters'
property on the westerly side (opposite the Hospital entrance) of the existing street, with
the area to be vested to be exchanged for the portion of the existing right-of-way closed
in (1) above, and (3) a license to overhang the canopy over the street right-of-way (as
adjusted by (1) and (2) above), with a minimum clearance of 14.5 feet, and approximate
overhang of 8 feet; advising that, in addition, the Corporation has made application to
the Planning Advisory Committee for a variance to permit the concrete support columns
to be located within the required front yard setback; and setting out a recommendation in
this regard.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council authorize the advertising of its intention to consider
the enactment of a by-law to stop up and close the portion of Bayard Drive identified as
"portion of Bayard Drive" on the submitted Plan of Survey, dated June 6, 2000.
Question being taken, the motion was carried.
13. Public Hearing For Proposed Section 39 Amendment
To Conditions Of Re-ZoninQ 231 Churchill Boulevard
Consideration was given to a report from the City Manager advising of
Estee Entertainment Ltd. 's indication to staff of its significant conflict with the public
hearing date of November 20, 2000 scheduled by Common Council on October 16, 2000
for an amendment to the Section 39 conditions of re-zoning of property located at 231
Churchill Boulevard, and its request that Council reschedule the hearing to the next
available date, which is December 4, 2000; and setting out an appropriate resolution
should Common Council agree to this request.
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that Common Council cancel
the November 20, 2000 public hearing for the Section 39 application of Estee
Entertainment Ltd. with regard to the property at 231 Churchill Boulevard, and
reschedule the public hearing to Monday, December 4,2000 at 7:00 o'clock p.m., and
authorize advertisement in this regard.
Question being taken, the motion was carried.
14. Municipal Plan And Zoning By-law
Amendments Re Pits And Quarries
Read a report from the City Solicitor responding to questions raised at the
October 10, 2000 public hearing to consider proposed changes to the text of the City's
Municipal Development Plan and Zoning By-laws dealing with the subject of pit and
quarry uses, one question dealing with the portion of the Plan before Council and the
other challenging Council's jurisdiction to enact the proposed Zoning By-law
amendment; and, in the former regard, expressing the view that the reference to "...and
others" as a description or identification of land is vague and very likely void for
uncertainty and, as a consequence, it is likely that a court would find that the provisions
of s.2.4.7.11 (e) of the By-law apply only to the property identified in that clause by
NBGIC number, and suggesting that this matter be referred to the City Manager for
examination following Council's consideration of the proposed Municipal Development
Plan and Zoning By-law changes currently before Council. In the latter regard, the City
Solicitor in his report explains why, in his view, the Allain v. Miramichi (City) case cited in
an objection raised on behalf of Brookville Manufacturing has no application to the
situation at hand, and the second case cited - Trustees of Assembly Hall of Jehovah's
Witnesses, Greater Vancouver Assembly Hall of Jehovah's Witnesses and Moore v.
Corporation of the District of Surrey and Buchan, does not provide strong support for the
argument that the proposed text amendment to the City's Zoning By-law is discriminatory
and thus void an ultra vires; and, in addressing the underlying argument that the
Community Planning Act does not enable a municipality to create a zone on paper
without also applying that classification to a portion of land lying within the municipality,
expresses the opinion that the legislation requires that contemporaneously with creating
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a new zone the Zoning By-law must establish that zone on the ground, and (1) the
objection is sound insofar as the Act does not give the municipality the authority to
create a zone in name only, and (2) the City may answer that objection by initiating the
process to consider re-zoning land to the Pits and Quarries Zone with the intention to
treat third reading of both the proposed text and re-zoning amendments simultaneously.
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the above report from
the City Solicitor be received and filed.
Question being taken, the motion was carried.
15. Zoning By-law Amendment
To Re-Zone 553 Earle Avenue
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-541 A 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 third time and enacted and the Corporate Common
Seal be affixed thereto.
The by-law entitled, By-law Number C.P. 100-541 A By-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.
16. Zoning By-law Amendment To Zone Property
Duke Street West, Watson & Guiford Streets
And ImposinQ Of Section 39 Conditions
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-542 A 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,
be read a third time and enacted and the Corporate Common Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the re-zoning of the said property be subject to 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
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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.
The by-law entitled, "By-law Number C.P. 100-542 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.
17. Planning Advisory Committee
Subdivision 521-529 Westmorland Road
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the subdivision of the subject
property at 521-529 Westmorland Road (NBGIC Numbers 306423 and 426650) with
respect to the proposed vesting of land for public street widening purposes along the
Westmorland Road frontage of the site, and with respect to any required municipal
services easements or public utility easements.
Question being taken, the motion was carried.
18. Saint John Parking Commission
Parking Meter By-law Amendment
Re ParkinQ Lot Charlotte Street
On motion of Councillor Desmond
Seconded by Councillor Titus
RESOLVED that the letter from the Saint
John Parking Commission advising that, with the completion of the parking lot at 87
Charlotte Street and 95 Charlotte Street, an amendment to the Parking Meter By-law is
required as the areas described in Schedule "B" are designated and intended for use by
the general public for parking of vehicles and are hereby established as parking zones
for the purpose of parking vehicles thereon in accordance with this By-law; therefore,
Schedule "B" is to be amended by adding the following words: "Trinity Royal Parking
Lot", be received and filed:
AND FURTHER that the by-law to amend the Parking Meter By-law, with
regard to the parking lot at 87 and 95 Charlotte Street, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Parking Meter By-law.
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the by-law to amend
the Parking Meter By-law, with regard to the parking lot at 87 and 95 Charlotte Street, be
read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Parking Meter By-law.
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28. Cory Richardson - Request To Make
Presentation Re The Far Out School
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Cory
Richardson requesting to make a presentation at this meeting about The Far Out
School, a cultural exchange summer camp-like project, focused on environmental
awareness and personal goal setting through art education and adventure travel, be
received and filed and Mr. Richardson be invited to address Council in this regard at this
time.
Question being taken, the motion was carried.
Cory Richardson of 2 Fisherman's Road addressed Council about his
promotion of personal goal setting in environmental awareness, this year by conducting
a cultural exchange program involving Saint John and Mexico; and, having circulated
photographs in this regard, commented on his establishment of a state park in Mexico in
an attempt to motivate the people through music, arts and crafts. Mr. Richardson
advised his plans for a slide show in King's Square, and a fund-raising event in support
of this project; and invited the Council members to become a part of these events.
28A. Mervvn Neill - FloodinQ At 114 Glen Road
On motion of Councillor Vincent
Seconded by Councillor Trites
RESOLVED that the letter from Mervyn Neill
advising of a problem with flooding on his property at 114 Glen Road, be referred to the
City Manager.
Question being taken, the motion was carried.
The Mayor asked for a motion for a meeting on October 30,2000, in that
Council normally does not meet in public session on the last Monday of the month.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that Common Council meet in
public session on Monday, October 30,2000, commencing at 6:00 o'clock p.m., and
invite anybody who wishes to make submissions on the upcoming budget to do so at
that time through the Common Clerk.
The Mayor noted that Council would hear presentations from groups who
had already requested to present their 2001 budgets, and also from anyone else the City
Manager deems appropriate.
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk