2001-02-05_Minutes
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COMMON COUNCIL
FEBRUARY 5, 2001
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the fifth day of February, A.D. 2001, at 6:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, Fitzpatrick, Titus, Trites and White
- and -
Messrs. T. Totten, City Manager; J. Nugent, City Solicitor; A.
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; P. Woods, Deputy City Manager; J. C.
MacKinnon, Commissioner of Environment and Development
Services; P. Groody, Commissioner of Municipal Operations; J.
Baird, Manager of Community Planning; W. Edwards, Building
Inspector; P. Hanlon, Manager of Water and Sewerage Services;
P. Asimakos, Planner; 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 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 January 22, 2001, be approved.
Question being taken, the motion was carried.
(Deputy Mayor Chase entered the meeting.)
13. Mavor's Remarks
Mayor McAlary proclaimed February 2001 as Heart Month in the City of
Saint John.
14. Travel To East Coast Music Awards Event
Read a letter from Mayor McAlary requesting permission for her and
Councillor White to travel to Charlottetown, PEl, for the East Coast Music Awards event
on the weekend of February 8, 2001.
The Mayor advised the travel dates to be included in the motion in the
above regard.
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that authority be granted for
Mayor McAlary and Councillor White to attend the forthcoming East Coast Music Awards
in Charlottetown, PEl, on February 8 to 10 and February 8 to 12, 2001, respectively.
(Councillor Ball entered the meeting.)
Question being taken, the motion was carried.
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15. Re Simonds Arena
Consideration was given to a letter from Councillor Titus requesting the
opportunity to discuss the Simonds Arena, his intention being to propose a motion that
would ensure the building of a new arena at the current location.
On motion of Councillor Titus
Seconded by Deputy Mayor Chase
RESOLVED that staff be directed to
call for tenders for an arena to be built at the present location.
Councillor Court questioned the current site as the best location in view of
the terrain and problems with the floor of the Simonds Arena sinking and the leasing
agreement with the Exhibition Association, and suggested that it might be better to build
a facility in close proximity to where the Arena is now on land that is already owned by
the City, and advised that he could support the motion if it indicated present location or
best option site. The Mayor advised that she would not go along with the motion on the
floor, not having seen the engineering report on the Simonds Arena which the City
Manager has been asked to submit to Council and not knowing if the site in question is
the right piece of land for a facility, and also that the City should continue working on a
suggestion made by the Exhibition Association in this regard and, as well, there could be
other options to consider, whether it be the Stu Hurley Arena or a developer building
another ice surface in that area; and suggested that there was no rush because a facility
would not be in place for this season in any event. Councillor White advised that he
could not support the motion, although he would support staff going out for proposals
from developers who may propose certain types and setups for rinks, as well as sites as
Council could then make an informed decision. Councillor Trites expressed concern in
that the motion did not leave Council with options in that it refers to the site where the
Simonds Arena is located now and he would want to know first off whether the
agreement with the Exhibition Association even allows the City to construct a second
facility on that site or whether it was limited to continuing to operate this particular one;
and advised that he would be prepared to support a motion stating Council's intention to
replace the facility in East Saint John at or very near its current site, with staff to prepare
a list of options or recommendations for Council to consider in terms of making it happen
as soon as possible. Councillor Chase suggested that the mover of the motion might
amend it to have staff develop terms of reference for a request for proposals. Councillor
Desmond expressed the view that a new facility should be put on City land next to the
Stu Hurley Arena providing two ice surfaces together and advised that he could support
a motion to replace the arena if that is what the engineering study indicated. Councillor
Fitzpatrick advised that he could support the motion if it were the intent for the City
Manager to come back to Council with the tender call before it is issued, and Councillor
Court advised that he would like the motion to indicate present location or the best
option site. Councillor Ball spoke on the basis that Council should not lose sight of the
future in terms of major options in developing the City in order to attract population
growth, including a new police facility, waterfront and infrastructure, and advised that he
could not support the motion.
Moved in amendment by Councillor Fitzpatrick
Seconded by Councillor Desmond
RESOLVED that the proposed tender
call be submitted to Council for approval.
The Mayor advised that she would not support the motion with the
amendment in that Council should wait for the report so as to be fully informed.
Question being taken, the amendment to the motion was carried with the
Mayor and Councillors Ball and Chase voting "nay".
Moved in amendment by Councillor Court
Seconded by Councillor White
RESOLVED that the motion be amended to
indicate at the present location or the best option site.
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Question being taken, the amendment to the motion was carried with the
Mayor and Councillor Ball voting "nay".
Question being taken the motion, as amended, was carried with the
Mayor and Councillor Ball voting "nay".
(Deputy Mayor Chase withdrew from the meeting.)
3(a) Zoning By-law Amendment
To Re-Zone 7 MaQazine Street
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of parcels of land located at 7
Magazine Street (NBGIC Numbers 00024497 and 55086250), having a total area of
approximately 1.29 hectares (3.2 acres), from "IL-1" Neighbourhood Institutional to "TH"
Townhouse and "B-2" General Business classification, to permit a development
consisting of approximately seventeen one-storey townhouse units along a new public
street, as well as allow for the construction of a small office building in the southwestern
portion of the subject property, as requested by NJP Developments Inc., 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
January 30,2001 meeting at which John Pappas, on behalf of NJP Developments
Incorporated, expressed general support for the staff recommendation but requested
several changes to certain recommended Section 39 conditions, specifically to the
limitation of the proposed commercial project (i.e., use, ground floor area and height of
building), increased time for landscaping, and either the placement of a cedar hedge or
the construction of only a 1.2 metre (4-foot) high fence along some of the adjacent
proposed townhouse lots, the latter to preserve views toward the harbour for proposed
Lots 00-14 to 00-17, as well as an increase in the "B-2" General Business zoning
between proposed Lot 00-14 and the Magazine Street right-of-way from the suggested
distance of 12 metres (39 feet) to approximately 22 metres (72 feet) to provide additional
area for the construction of a commercial access to Magazine Street, such access not to
be connected to the new public street (Saint Peter's Court); advising that a lengthy
discussion occurred regarding these requested changes and the variance relating to the
requested staff configuration, and the Committee eventually resolved to adopt the staff
recommendation with most of the changes requested by the applicant; and
recommending that Common Council re-zone (1) an area of land located at 7 Magazine
Street, having an approximate area of 4970 square metres (52,498 square feet), also
identified as being NBGIC Number 55086250 and the southwestern portion of NBGIC
Number 00024497, from "IL-I" Neighbourhood Institutional to "B-2" General Business
classification in the manner illustrated on the submitted diagram entitled "PAC
Recommended Rezoning of 7 Magazine Street", subject to a resolution pursuant to
Section 39 of the Community Planning Act imposing the following conditions: (a) the
commercial development be limited to an office building; (b) the development be in
accordance with a detailed site plan approved by the Development Officer illustrating an
asphalt parking area and driveway enclosed by continuous concrete curbing; (c) the
commercial development be developed in accordance with a detailed drainage plan
subject to the approval of the Chief City Engineer including the installation of any
necessary catch basins; (d) the office building be serviced by underground public
utilities; (e) the facades of the proposed commercial building be constructed in
accordance with a detailed elevation plan approved by the Development Officer; and (f)
all parking areas not occupied by the proposed office building and parking area (and
driveway) be landscaped, except for the steeply sloped area along the rear of the
property, within eight (8) months from the issuance of a building permit for the proposed
commercial development; and (2) an area of land located at 7 Magazine Street, having
an approximate area of 7780 square metres (83,746 square feet), also identified as
being the northeastern portion of NBGIC Number 00024497, from "IL-1" Neighbourhood
Institutional to "TH" Townhouse classification, in the manner illustrated on the submitted
diagram entitled "PAC Recommended Rezoning of 7 Magazine Street", subject to a
resolution pursuant to Section 39 of the Community Planning Act imposing the following
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condition: that a board-on-board fence within a minimum height of 1.2 metres (4 feet) be
installed along the rear of the proposed townhouse lots abutting the proposed
commercial development, and that covenants to these properties ensure the proper
maintenance of this fence.
(Deputy Mayor Chase re-entered the meeting.)
John Pappas appeared in support of the proposed re-zoning on behalf of
applicant, indicating agreement with the Planning Advisory Committee's
recommendation and offering to respond to questions on the proposal.
On motion of Councillor Trites
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 (1) an area of
land located at 7 Magazine Street, having an approximate area of 4970 square metres
(52,498 square feet), also identified as being NBGIC Number 55086250 and the
southwestern portion of NBGIC Number 00024497, from "IL-1" Neighbourhood
Institutional to "B-2" General Business classification; and (2) an area of land located at 7
Magazine Street, having an approximate area of 7780 square metres (83,746 square
feet), also identified as being the northeastern portion of NBGIC Number 00024497,
from "IL-I" Neighbourhood Institutional to "TH" Townhouse classification, in the manner
illustrated on the submitted diagram entitled "PAC Recommended Rezoning of 7
Magazine Street", 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 (1) an area of
land located at 7 Magazine Street, having an approximate area of 4970 square metres
(52,498 square feet), also identified as being NBGIC Number 55086250 and the
southwestern portion of NBGIC Number 00024497, from "IL-1" Neighbourhood
Institutional to "B-2" General Business classification; and (2) an area of land located at 7
Magazine Street, having an approximate area of 7780 square metres (83,746 square
feet), also identified as being the northeastern portion of NBGIC Number 00024497,
from "IL-I" Neighbourhood Institutional to "TH" Townhouse classification, in the manner
illustrated on the submitted diagram entitled "PAC Recommended Rezoning of 7
Magazine Street", pursuant to Section 39 of the Community Planning Act as
recommended by the Planning Advisory Committee, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
4(a) Zoning By-law Amendment To
Re-Zone 2400 Ocean Westwav
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 2400
Ocean Westway (PID # 00286500,00287490 and 00287508 - Galbraith), from "RS-2"
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One and Two Family Suburban Residential and "RF" Rural to "PQ" Pits and Quarries
classification, to place the existing gravel pit operation in a zoning classification which
was developed specifically for pits and quarries with standards and regulations
developed specifically for such land uses, as initiated by the City of Saint John, and no
written objections were received in this regard.
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
January 23, 2001 meeting at which staff made a brief presentation on the process to
establish a new zone for pits and quarries and re-zone existing operations, and Bob
Ridgeway spoke on behalf of Galbraith Construction Ltd. in favour of the re-zoning,
stating that the operation had been the only quarry on the West Side operated
continuously, and David Brown, solicitor for Seawood Estates, an abutting property
owner, spoke in opposition to the re-zoning of two of the parcels of land at the rear of the
site which were approved under the existing Section 880 standards during the period
when the moratorium ceased to be in effect last year; and recommending that Common
Council (1) re-zone a portion of the parcel of land at 2400 Ocean Westway, also
identified as being NBGIC Number 00286500, from "RS-2" One and Two Family
Suburban Residential and "RF" Rural to "PQ" Pits and Quarries classification, as shown
on the submitted plan; and (2) re-zone two parcels of land identified as being NBGIC
Numbers 00287490 and 00287508, from "RF" Rural to "PQ" Pits and Quarries
classification.
Mr. Baird identified the subject site, referring to photographs displayed
through a computer-aided presentation.
David Galbraith, representing Galbraith Construction, appeared in support
of the proposed re-zoning and expressed agreement with the above 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 (1) a portion of
the parcel of land at 2400 Ocean Westway, also identified as being NBGIC Number
00286500, from "RS-2" One and Two Family Suburban Residential and "RF" Rural to
"PQ" Pits and Quarries classification, and (2) two parcels of land identified as being
NBGIC Numbers 00287490 and 00287508, from "RF" Rural to "PQ" Pits and Quarries
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 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 (1) a portion of
the parcel of land at 2400 Ocean Westway, also identified as being NBGIC Number
00286500, from "RS-2" One and Two Family Suburban Residential and "RF" Rural to
"PQ" Pits and Quarries classification, and (2) two parcels of land identified as being
NBGIC Numbers 00287490 and 00287508, from "RF" Rural to "PQ" Pits and Quarries
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.
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On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
5(a) Zoning By-law Amendment To
Re-Zone 2740-2810 Golden Grove Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 2740-
2810 Golden Grove Road (PID #00351239 - Valley Excavations), from "RFM" Mobile
Home Rural and "RF" Rural to "PQ" Pits and Quarries classification, to place the existing
gravel pit operation in a zoning classification which was developed specifically for pits
and quarries with standards and regulations developed specifically for such land uses,
as initiated by the City of Saint John, 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 tabled at the Committee's
January 23, 2001 meeting, an addendum reviewing the conditions that had been
attached to the operation in question as a consequence of a variance approval in 1987,
and a letter from Patterson Palmer Hunt Murphy representing the owners of property
adjacent to the subject property, which were reviewed by the Committee, staff having
made a brief presentation on the process to establish a new zone for pits and quarries
and re-zone existing operations, and the conditions identified in the subject letter were
reviewed and a recommendation made to include all but one condition which would be
redundant with the adoption of the new "PQ" zone, and the Committee approved the
amended staff recommendation; and recommending that Common Council re-zone a
portion of the parcel of land at 2740-2810 Golden Grove Road, also identified as being
NBGIC Number 00351239, from "RFM" Mobile Home Rural and "RF" Rural to "PQ" Pits
and Quarries classification, as shown on the submitted plan.
Mr. Baird identified the subject site, referring to photographs displayed by
an overhead slide presentation.
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a portion of the
parcel of land at 2740-2810 Golden Grove Road (NBGIC Number 00351239), from
"RFM" Mobile Home Rural and "RF" Rural to "PQ" Pits and Quarries classification, be
read a first time.
Mr. Nugent, in response to Councillor Titus' query on the reference in the
letter submitted with the above correspondence from Patterson Palmer Hunt Murphy
about obtaining Mr. Nugent's opinion with respect to conditions imposed in 1987,
advised that the manner in which the issues are raised in the letter tend to be dealt with
by the Planning Advisory Committee which he thinks is an appropriate mechanism to be
used to serve the City's purposes and those of the representatives of the owner; and Mr.
Baird added that the author of the subject letter as well as the applicant were in
attendance at the Planning Advisory Committee meeting and were in agreement that the
conditions be incorporated and that has been done.
(Councillor Fitzpatrick withdrew from the meeting.)
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.
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COMMON COUNCIL
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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, insofar as it concerns re-zoning a portion of the
parcel of land at 2740-2810 Golden Grove Road (NBGIC Number 00351239), from
"RFM" Mobile Home Rural and "RF" Rural to "PQ" Pits and Quarries 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 Desmond
Seconded by Councillor Ball
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
6(a) Zoning By-law Amendment To
Re-Zone 460 Latimer Lake Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 460
Latimer Lake Road (PID #00334565 - Fundy Bay), from "RF" Rural and "RS-1 M" One
and Two Family Mobile Home Suburban Residential to "PQ" Pits and Quarries
classification, to place the existing gravel pit operation in a zoning classification which
was developed specifically for pits and quarries with standards and regulations
developed specifically for such land uses, as initiated by the City of Saint John, and no
written objections were received in this regard.
6{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
January 23, 2001 meeting at which staff made a brief presentation on the process to
establish a new zone for pits and quarries and re-zone existing operations, and Stephen
Langille spoke on behalf of the owner, welcoming input from the adjacent property
owners and implying that he would address issues which were of concern to residents
and noting that he would continue to rehabilitate other areas of the pit, and Odette
McGrath, Margaret Dubee and Tim McGrath expressed concern with a number of issues
they would like to see addressed, including buffering the site and moving the trucks and
sand piles; and recommending that Common Council re-zone the parcel of land at 460
Latimer Lake Road, also identified as being NBGIC Number 00334565, from "RF" Rural
and "RS-1 M" One and Two Family Mobile Home Suburban Residential to "PQ" Pits and
Quarries classification.
Mr. Baird identified the subject site, referring to photographs displayed by
an overhead slide presentation.
(Councillor Fitzpatrick re-entered the meeting.)
Stephen Langille of Fundy Bay Holdings appeared in support of the
proposed re-zoning, in favour of the Planning Advisory Committee's recommendation.
Odette McGrath of 31 Lackie Road, spokesperson for the Latimore Lake
& Area Residents Association, spoke in support of the proposed re-zoning and displayed
slides of the Latimore Lake area to remind Council of the need for the new zone in terms
of buffer areas and the number of the pits in that area so as to make the pits more
bearable to live with in that, if the operators are not forced, the conditions will not
change, nor will the residents' quality of life.
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On motion of Councillor White
Seconded by Councillor Trites
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the parcel of
land at 460 Latimer Lake Road (NBGIC Number 00334565), from "RF" Rural and "RS-
1 M" One and Two Family Mobile Home Suburban Residential to "PQ" Pits and Quarries
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 White
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the parcel of
land at 460 Latimer Lake Road (NBGIC Number 00334565), from "RF" Rural and "RS-
1 M" One and Two Family Mobile Home Suburban Residential to "PQ" Pits and Quarries
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 Desmond
Seconded by Councillor Trites
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
7(a) Zoning By-law Amendment To
Re-Zone 360-370 Latimer Lake Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 360-370
Latimer Lake Road (PID #00335232 - Thomas Construction), from "RF" Rural and "RS-
2" One and Two Family Suburban Residential and "RS-IM" One and Two Family Mobile
Home Suburban Residential to "PQ" Pits and Quarries classification, to place the
existing gravel pit operation in a zoning classification which was developed specifically
for pits and quarries with standards and regulations developed specifically for such land
uses, as initiated by the City of Saint John, and no written objections were received in
this regard.
7{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
January 23, 2001 meeting at which staff made a brief presentation on the process to
establish a new zone for pits and quarries and re-zone existing operations, and no one
was present on behalf of the owner, Thomas Construction Ltd., and Odette McGrath and
Margaret Dubee discussed the need for buffers and questioned the status of the pit,
which they thought should be fully rehabilitated if it was not active; and recommending
that Common Council re-zone the parcel of land at 360-370 Latimer Lake Road, also
identified as being NBGIC Number 00335232, from "RF" Rural and "RS-2" One and Two
Family Suburban Residential and "RS-1 M" One and Two Family Mobile Home Suburban
Residential to "PQ" Pits and Quarries classification.
Mr. Baird identified the subject site, referring to photographs displayed by
an overhead slide presentation.
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Margaret Dubee of 1330 Grandview Avenue, spokesperson for the
citizens' committee that worked on the pits and quarries by-law and zone, referenced
slides to speak in support of the proposed re-zoning, questioning the extent of
rehabilitation of the subject site and expressing concern that the aerial view displayed by
Mr. Baird of the subject site were not clear enough to show what was taking place there.
Mrs. Dubee noted the need to enforce the new by-law and the anticipated difference in
the quality of life in the area.
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 the parcel of
land at 360-370 Latimer Lake Road (NBGIC Number 00335232), from "RF" Rural and
"RS-2" One and Two Family Suburban Residential and "RS-1 M" One and Two Family
Mobile Home Suburban Residential to "PQ" Pits and Quarries 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 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 the parcel of
land at 360-370 Latimer Lake Road (NBGIC Number 00335232), from "RF" Rural and
"RS-2" One and Two Family Suburban Residential and "RS-1 M" One and Two Family
Mobile Home Suburban Residential to "PQ" Pits and Quarries 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 White
Seconded by Councillor Ball
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
8(a) Zoning By-law Amendment To
Re-Zone 1003 Latimer Lake Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 1003
Latimer Lake Road (PID #00329409 and a portion of #00331124 - Thomas
Construction), from "RS-1" One and Two Family Suburban Residential and "RS-1M"
One and Two Family Mobile Home Suburban Residential to "PQ" Pits and Quarries
classification, to place the existing gravel pit operation in a zoning classification which
was developed specifically for pits and quarries with standards and regulations
developed specifically for such land uses, as initiated by the City of Saint John, and no
written objections were received in this regard.
8{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
January 23, 2001 meeting at which staff made a brief presentation on the process to
establish a new zone for pits and quarries and re-zone existing operations, and Margaret
Dubee and Odette McGrath expressed concerns with regard to the excavation which
has occurred within the set back area adjacent the pipeline road, and the Committee
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approved the staff recommendation with respect to the re-zoning and added a condition
to the variances being granted for a 30-metre set back as previously approved; and
recommending that Common Council re-zone (1) the parcel of land at 1003 Latimer
Lake Road, also identified as being NBGIC Number 0032409, from "RS-1" One and Two
Family Suburban Residential and "RS-1 M" One and Two Family Mobile Home Suburban
Residential to "PQ" Pits and Quarries classification; and (2) re-zone the portion of land
used for a part of the access road and being part of the parcel of land identified as
NBGIC Number 00331124, from "RS-1" One and Two Family Suburban Residential to
"PQ" Pits and Quarries classification.
Mr. Baird identified the subject site, referring to photographs displayed by
an overhead slide presentation.
Margaret Dubee of 1330 Grandview Avenue, appeared in support of the
proposed amendment and, referring to overhead slides, expressed concern about the
extent of excavation and the removal of trees from the buffer area separating the
pipeline road from the pit, as well as about water runoff and quality of life in the area.
Odette McGrath of 31 Lackie Road, spokesperson for the Latimore Lake
& Area Residents Association, spoke in support of the proposed re-zoning, noting the
need for the new zone to put a stop to the use of pits for secondary uses, stockpiling,
storing of equipment and dumping, stressing the need for changes with the new pits and
quarries by-law and enforcement of it.
John Colwell, President of Thomas Construction Ltd., owner of the pit in
question, appeared in support of the proposed re-zoning, and advised of his efforts to
determine ownership of a portion of the land in the area suggested to be City-property.
(Councillor Trites withdrew from the meeting.)
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, insofar as it concerns re-zoning (1) the parcel of
land at 1003 Latimer Lake Road (NBGIC Number 0032409), from "RS-1" One and Two
Family Suburban Residential and "RS-1 M" One and Two Family Mobile Home Suburban
Residential to "PQ" Pits and Quarries classification; and (2) the portion of land used for a
part of the access road and being part of the parcel of land identified as NBGIC Number
00331124, from "RS-1" One and Two Family Suburban Residential to "PQ" Pits and
Quarries classification, be read a first time.
(Councillor Trites re-entered the meeting.)
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 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 (1) the parcel of
land at 1003 Latimer Lake Road (NBGIC Number 0032409), from "RS-1" One and Two
Family Suburban Residential and "RS-1 M" One and Two Family Mobile Home Suburban
Residential to "PQ" Pits and Quarries classification; and (2) the portion of land used for a
part of the access road and being part of the parcel of land identified as NBGIC Number
00331124, from "RS-1" One and Two Family Suburban Residential to "PQ" Pits and
Quarries 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.
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On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
9(a) Zoning By-law Amendment To
Re-Zone 913 Latimer Lake Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 913
Latimer Lake Road (PID # 00333526 and 55149256 - LaFarge), from "RS-1" One and
Two Family Suburban Residential and "RS-1 M" One and Two Family Mobile Home
Suburban Residential to "PQ" Pits and Quarries classification, to place the existing
gravel pit operation in a zoning classification which was developed specifically for pits
and quarries with standards and regulations developed specifically for such land uses,
as initiated by the City of Saint John, and no written objections were received in this
regard.
9{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
January 23, 2001 meeting at which staff made a brief presentation on the process to
establish a new zone for pits and quarries and re-zone existing operations, and Randy
Kilpatrick, on behalf of the owner, acknowledged the benefits of the new zone and
working with the City and neighbours to address any concerns, noting that LaFarge
constructed a berm along the new access road and will be paving the road this year, and
Margaret Dubee spoke with concerns about granting variances from the new "PQ" zone
and the need for enforcement, and Tim McGrath requested that conditions be placed on
the operation upon the granting of variances; and recommending that Common Council
re-zone the two parcels of land at 913 Latimer Lake Road, also identified as being
NBGIC Numbers 00333526 and 55149256, from "RS-1" One and Two Family Suburban
Residential and "RS-1 M" One and Two Family Mobile Home Suburban Residential to
"PQ" Pits and Quarries classification.
Mr. Baird identified the subject site, referring to photographs displayed by
an overhead slide presentation.
Margaret Dubee of 1330 Grandview Avenue, speaking in support of the
proposed amendment, complimented the gravel pit operation in question in its very little
impact on the community.
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, insofar as it concerns re-zoning the two parcels
of land at 913 Latimer Lake Road (NBGIC Numbers 00333526 and 55149256), from
"RS-1" One and Two Family Suburban Residential and "RS-1M" One and Two Family
Mobile Home Suburban Residential to "PQ" Pits and Quarries 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 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 the two parcels
of land at 913 Latimer Lake Road (NBGIC Numbers 00333526 and 55149256), from
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FEBRUARY 5, 2001
"RS-1" One and Two Family Suburban Residential and "RS-1M" One and Two Family
Mobile Home Suburban Residential to "PQ" Pits and Quarries 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 Desmond
Seconded by Councillor Ball
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
10(a) Zoning By-law Amendment To
Re-Zone 990 Grandview 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 990
Grandview Avenue (PID #00337964 - Gulf Operators), from "RS-2" One and Two Family
Suburban Residential and "RF" Rural to "PQ" Pits and Quarries classification, to place
the existing gravel pit operation in a zoning classification which was developed
specifically for pits and quarries with standards and regulations developed specifically for
such land uses, as initiated by the City of Saint John, and no written objections were
received in this regard.
10{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and a letter considered at the
Committee's January 23, 2001 meeting at which staff made a brief presentation on the
process to establish a new zone for pits and quarries and re-zone existing operations,
and Odette McGrath spoke on the application but not in opposition to the re-zoning,
stating that she wanted all the new standards to be enforced on all operations; and
recommending that Common Council re-zone a portion of the parcel of land at 990
Grandview Avenue, also identified as being NBGIC Number 00337964, from "RS-2" One
and Two Family Suburban Residential and "RF" Rural to "PQ" Pits and Quarries
classification, as shown on the submitted plan.
Mr. Baird advised that he had no overhead slides of this particular
operation.
On motion of Councillor Ball
Seconded by Councillor Trites
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a portion of the
parcel of land at 990 Grandview Avenue (NBGIC Number 00337964), from "RS-2" One
and Two Family Suburban Residential and "RF" Rural to "PQ" Pits and Quarries
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 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 portion of the
parcel of land at 990 Grandview Avenue (NBGIC Number 00337964), from "RS-2" One
and Two Family Suburban Residential and "RF" Rural to "PQ" Pits and Quarries
classification, be read a second time.
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COMMON COUNCIL
FEBRUARY 5, 2001
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 Desmond
Seconded by Councillor Ball
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
11 (a) Zoning By-law Amendment To
Re-Zone Property On MacKay HiQhway
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land on MacKay Highway
(PID #00297820 - Kings Valley Consulting), from "RF" Rural to "PQ" Pits and Quarries
classification, to place the existing gravel pit operation in a zoning classification which
was developed specifically for pits and quarries with standards and regulations
developed specifically for such land uses, as initiated by the City of Saint John, and no
written objections were received in this regard, a letter (copies of which were distributed
to Council members at this meeting) having been received from The Honourable Kim
Jardine, Minister of Environment and Local Government, advising of the Department's
receipt of an application for a proposed quarry operation by Kings Valley Consulting Ltd.
on a parcel of land owned by Joel Mercer, adjacent to Highway No.1 in Saint John (PID
#297820), such application currently being reviewed by Department staff pursuant to the
Air Quality Regulation - Clean Air Act and the Water Quality Regulation - Clean
Environment Act, and on which a decision will be made on the issuance of an approval
once all pertinent information is reviewed.
1.1.(Q}
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report, five letters from area residents
and a memo from the Town of Rothesay, staff having made a brief presentation on the
process to establish a new zone for pits and quarries and re-zone existing operations at
the Committee's January 23, 2001 meeting at which the owner was represented by Rod
Crowthers of Kings Valley Consulting Limited who explained that excavation would
proceed from the rear of the property toward the Highway and allow the development of
the site for a commercial use and noted that no excavation occurred to date, and a
number of residents had concerns and were in opposition to the establishment of a
quarry on the site, including Margaret Dubee, Tim McGrath and Pauline Head on the
issues of enforcement of standards, variances on setbacks and adjacent property
owners not having been informed before approving the permit, respectively, and in
addition concerns were expressed regarding the water table use as it is permitted in the
"RF" Rural zone now; and recommending that Common Council re-zone a portion of the
parcel of land adjacent to the MacKay Highway and Fox Farm Road Interchange, also
being NBGIC Number 00297820, from "RF" Rural to "PQ" Pits and Quarries
classification, as shown on the submitted plan.
Mr. Baird identified the subject site, referring to a photograph displayed by
an overhead slide presentation, noting that no excavation has begun on the site in
question, the operation having received its license during the time period when the
moratorium was not in effect.
Rod Crowther, owner of Kings Valley Consulting Ltd., appeared in
support of the proposed re-zoning, expressing agreement with the Planning Advisory
Committee's recommendation.
Margaret Dubee of 1330 Grandview Avenue, speaking in support of the
proposed amendment if there were a need for the proposed gravel pit operation in that a
report received by the citizens' committee indicated that it was reasonable to suggest
that the Greater Saint John Region has sufficient sand and gravel resources which could
presumably meet most local aggregate demand at current and projected levels of
consumption for decades.
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COMMON COUNCIL
FEBRUARY 5, 2001
Pauline Head of 42 Old Orchard Lane, appearing in support of the
proposed re-zoning on the basis that she had no choice but to voice approval because
otherwise the operation would have no controls, questioned the need for this operation,
as well as whether or not it could be guaranteed that the operation would be regulated
and controlled, especially with the ownership being a construction company; if the depth
of excavation could be controlled and guaranteed so that it is no lower than the access
road; and if rehabilitation and setbacks will be enforced.
Majid Debly, representing Debly Construction, confirmed Mr. Crowther's
comments as being basically what Debly Construction planned to do with the subject
property, and that it would not go below the grades in question and the ultimate purpose
for the property for its end use will be for some form of a development, be it a business
or commercial park or light industrial that lends itself to quick access off the Highway.
On motion of Councillor White
Seconded by Councillor Trites
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a portion of the
parcel of land adjacent to the MacKay Highway and Fox Farm Road Interchange
(NBGIC Number 00297820), from "RF" Rural to "PQ" Pits and Quarries 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 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 portion of the
parcel of land adjacent to the MacKay Highway and Fox Farm Road Interchange
(NBGIC Number 00297820), from "RF" Rural to "PQ" Pits and Quarries 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 Desmond
Seconded by Councillor Trites
RESOLVED that the correspondence in the
above regard be received and filed.
Question being taken, the motion was carried.
12. Street ClosinQ By-law Amendment - Bayard Drive
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Street Closing By-law amendment to stop up and
close a portion of Bayard Drive, and no written objections were received in this regard.
On motion of Deputy Mayor Chase
Seconded by Councillor Court
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 stopping up and closing a portion of Bayard Drive, be
read a first time.
Question being taken, the motion was carried.
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COMMON COUNCIL
FEBRUARY 5, 2001
Read a first time 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".
On motion of Councillor Court
Seconded by Councillor Ball
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 stopping up and closing a portion of Bayard Drive, 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 The Stopping Up And Closing Of Highways In The City Of Saint John".
The Mayor called for a motion to bring forward agenda item 23 for
consideration at this time.
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that agenda item 23 be brought
forward for consideration at this time.
Question being taken, the motion was carried.
23. Latimore Lake & Area Residents Association's Request
To Address Council Re Proposed Pits & Quarries Bv-Iaw
Consideration was given to a report from the City Solicitor referring to the
request at the January 22, 2001 Council meeting of the Latimore Lake & Area Residents
Association to address Council on issues concerning the proposed new Pits and
Quarries By-law, Council having met the relevant provisions of the Community Planning
Act with respect to public hearings held on October 10, 2000 and December 18, 2000
(dealing with the proposed "PQ" Zone and the proposed re-zoning of specific properties,
respectively) at which, as the minutes of the Council meetings show, residents in the
area in question were among those speaking; and advising that, if Common Council
were to grant the request of the area residents, it would be to give them an opportunity
others who might be interested in the proposed amendments have not have had and
they would, in effect, be accorded preferential treatment in this regard which is contrary
to the clear legislative purpose of the public hearing provisions of the Community
Planning Act and would, in his opinion, constitute a fatal flaw in the process of
considering amendments to the Zoning By-law which, in turn, would support a legal
attack upon any amendment Council might enact in this respect; thus, in order to
preserve the legal integrity of the re-zoning process, Council should advise the Latimore
Lake & Area Residents Association that its request must be denied.
Mr. Nugent summarized the above report to the effect that the central
principle involved and applicable to this particular situation brought before Council by the
Residents Association, as well as to any other instance where Council is involved with a
public hearing under the Community Planning Act, is that the Council works within a
scheme that has been established by legislation which provides for an opportunity for
those who wish to speak for or against a proposed amendment to the Zoning By-law to
do so at a public hearing, and there is a specific arrangement dictated by that legislation
that provides for public notification of the date, time and place at which Council intends
to entertain submissions in favour of and in opposition to a proposed amendment, and it
is only by confining submissions of that sort to the date and place and time that have
been notified to the public that Council remains within the parameters of the procedure
that the Province has provided; and expressed the view that to step outside that to hear
submissions from people outside the public hearing process after the public hearing
process has concluded would fatally jeopardize the ability of Council to continue its
consideration of the proposed amendments. In response to the Mayor's question on
amending the proposed Pits and Quarries By-law prior to third reading, Mr. Nugent
advised that it was an overstatement to say that Council could make no changes to what
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COMMON COUNCIL
FEBRUARY 5, 2001
has been proposed, noting that he and Mr. Baird had spoken at previous Council
meetings about the nature and the extent that changes could be made, but they could
not be substantial changes.
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that the residents be
advised that they cannot be heard and a copy of the above legal opinion be made
available to them.
Question being taken, the motion was carried.
16. Re New Police Station
Read a letter from Councillor Titus requesting the opportunity to discuss
the recent request by the Police Commission regarding a new police station, his
intention being to propose a motion (notwithstanding an earlier referral to the City
Manager) to direct staff to start the process for the re-zoning of Chown Field.
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that staff be directed to start the
process for consideration of the re-zoning of Chown Field.
Mr. Totten advised that, since the January 8, 2001 presentation by the
Police Commission on a new police headquarters facility, he has had discussion with the
Deputy Chief and some elected officials and it would seem to make good sense to
initiate the process to get public reaction to the site in question and, if Council were to go
in that direction, he would not feel so compelled to have his report to Council on
February 19, 2001 as previously committed as the initiation of the re-zoning process
would allow time for staff to look at other issues.
Question being taken, the motion was carried.
(Councillor Trites withdrew from the meeting.)
17. Tender For Contract 2000-24
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, Contract 2000-24, Millidgeville wastewater treatment plant sludge dewatering
upgrade, be awarded to the low tenderer, Master Mechanical Contractors Inc., at the
tendered price of $2,098,821, as calculated based upon estimated quantities, and the
Mayor and Common Clerk be authorized to execute the necessary contract documents.
(Councillor Trites re-entered the meeting.)
Question being taken, the motion was carried.
18. Designation Of Building Inspector For Enforcement
ProceedinQs. SiQns On Prince William Street BuildinQ
Consideration was given to a report from the City Manager advising of the
erection in early January 2001 of two large signs on the face of the building located at 74
Prince William Street in the Trinity Royal Preservation Area for which a certificate of
appropriateness was not issued and that, in addition the total size of the signs exceeds
the total area of fascia signage permitted as outlined in the Saint John Zoning By-law
and notices to the owner of the building requesting that the signs be removed have been
ignored; and recommending adoption of the resolution as set out herein to designate the
Building Inspector, William Edwards, to initiate and proceed with an application to the
Court of Queen's Bench for an order that will require the owner of the property to cause
the two signs to be removed from the building.
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COMMON COUNCIL
FEBRUARY 5, 2001
On motion of Councillor Desmond
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the following resolution be adopted:
WHEREAS the records in the Saint John County Registry Office show
507324 NB Ltd. to be the owner of the parcel of land that is located at 74 Prince William
Street (herein called "the subject property"), Saint John, N.B., and is designated as
parcel number 11312 by the New Brunswick Geographical Information Corporation;
AND WHEREAS the subject property is zoned Central Business ("B-3")
under the Saint John Zoning By-law and is located in the Trinity Royal Preservation
Area. The subject property is subject to the provisions of the Saint John Zoning By-law
(herein referred to as "the zoning by-law") and the provisions of the Saint John
Preservation Areas By-law (herein referred to as "the heritage by-law");
AND WHEREAS in early January 2001, signs stating "Live Nude Girls
Girls Girls" (herein called the "Girls" sign) and "Chez Cherie Exotic Dancebar" (herein
called the "Dancebar" sign) were attached to the outside of the subject building. The
attachment of the subject signs was an alteration of the exterior appearance of the
subject building and was a development under the heritage by-law and the Municipal
Heritage Preservation Act. The signs were placed on the subject building without a
Certificate of Appropriateness having been obtained in accordance with the heritage by-
law;
AND WHEREAS the total area of the Girls sign and the Dancebar sign is
approximately 13.2 square metres. Under section 840(3)(d)(ii) of the zoning by-law the
total area for fascia signage on the subject building would be limited to approximately
7.62 square metres:
BE IT RESOLVED that Building Inspector William Edwards is hereby
designated and authorized to make an application on behalf of The City of Saint John to
the Court of Queen's Bench of New Brunswick under the authority of the Municipal
Heritage Preservation Act and the authority of the Community Planning Act for an order
that will require 507324 NB Ltd. to cause the Girls sign and the Dancebar sign to be
removed from the subject building within 24 hours or such other time as the Court may
direct.
Question being taken, the motion was carried.
19. ParkinQ On Main Street North
On motion of Councillor Desmond
Seconded by Deputy Mayor Chase
RESOLVED that the report from the
City Manager regarding the petition received by Council at its December 4, 2000
meeting from residents living on Main Street North, between Douglas Avenue and
Adelaide Street, requesting the removal of the overnight parking ban, and outlining the
reasons for staff's belief that it would be inadvisable to grant the request, be received
and filed.
Question being taken, the motion was carried.
(Deputy Mayor Chase withdrew from the meeting.)
20. Sublease Of 14th Floor. City Hall - AmendinQ Terms
Consideration was given to a report from the City Manager advising that,
further to Council's authorization on January 2, 2001 of the sublease of a portion of the
14th floor of City Hall to the Board of Commissioners of Public Utilities, during the
process of preparing the sublease document, several issues arose which have been
addressed to the satisfaction of staff, the Board and the building owners; however, some
of the proposed amendments and changes are significant; and recommending
rescinding of the Council resolution in this regard, and entering into a new agreement
according to the terms and conditions as set out herein.
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COMMON COUNCIL
FEBRUARY 5, 2001
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council rescind its resolution of January 2, 2001, pertaining to
the subleasing of the 14th floor of 15 Market Square to the Board of Commissioners of
Public Utilities:
AND FURTHER that as recommended by the City Manager, the City of
Saint John enter into an agreement between the City of Saint John, the Board of
Commissioners of Public Utilities and the owners of 15 Market Square whereby the City
of Saint John will Sublease to the Board of Commissioners of Public Utilities (hereinafter
referred to as the "Sublessee") for a period commencing as set out below and ending
April 30, 2006 the space identified as a 7,640:t square foot portion of the 14th Floor of 15
Market Square (hereinafter referred to as the "Subpremises") as generally shown on the
submitted plan, according to the following terms and conditions:
1. Area of the Subpremises
For rent calculation purposes, the Subpremises shall be a 7,640 :t sq. ft. portion
of the 14th Floor, as generally shown on the submitted plan and 83% or 1,179 :t
square feet of the common corridors, washrooms, elevators and stairwells being
a total of 8,819 :t square feet of space.
2. Rental Term and Rates
The sublease with the City shall commence on March 1, 2001 and end April 30,
2006. The lease with the owners of 15 Market Square shall commence on May 1,
2006 and end February 28, 2011. The combined terms of the sublease and
lease shall be 10 years (hereinafter referred to as the "Term").
Rent for the Term shall be:
A. $14.10 per square foot gross per annum with an annual increase of 51i
per square foot for that portion of the Term between March 1, 2001 and
April 30, 2006, (hereinafter referred to as the "Sublease with the City");
and
B. $17.00 per square foot gross per annum for that portion of the Term after
May 1, 2006 (hereinafter referred to as the "Lease with the Owners"),
provided 15 Market Square (the "premises") is not owned by the City of
Saint John and provided that the 14th floor of 15 Market Square is not
leased by the City of Saint John. In the event the premises are owned by
the City of Saint John, or in the event the City of Saint John renews its
lease to include the 14th Floor of 15 Market Square, then rent for that
portion of the Term after May 1,2006 shall be $15.00 per square foot
gross per annum with an annual increase of 101i per square foot.
3. HST
HST is in addition to rent.
4. Common Corridors, Elevators, Stairwells & Washroom, Etc.
The portion of the space associated with the common area and facilities on the
14th Floor will be calculated as follows:
Area of Subpremises currently being 7,640 :t sq. ft. divided by the gross
useable space on the 14th Floor (9,206 sq. ft.) = .83
.83 x 1,421 sq. ft. (being the total area of common corridors, washrooms,
elevators, stairways etc., excluding airshaft) = 1,179 :t sq. ft.
Space: meaning the area of Subpremises plus a percentage of common
area and facilities on the 14th Floor.
5. Real Property Taxes
Real property taxes levied against the premises are included in the rent. No
adjustment for such levy shall be added to the rent.
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COMMON COUNCIL
FEBRUARY 5, 2001
6. Lease with the Owners
Upon the expiration of the lease between the building owners and the City and
provided the City does not purchase the premises or renew its lease with the
owners to include the 14th Floor, the owners will lease the Subpremises to the
Sublessee, as per the terms and conditions contained herein and at that time the
Sublessee shall release the City of all obligations contained herein.
7. Option To Sublease the Remaining Portion Of the 14th Floor
The Sublessee shall be given a one year option, commencing on the date of
execution of the sublease, to sublease the remaining space on 14th Floor, or a
portion thereof on the same terms and conditions, provided this right does not
limit the City's ability to sublease the said space to a third party on a month to
month basis or limit the City's use of the said space, until such time as the
Sublessee exercises its option.
8. First Right of Refusal
In the event the Sublessee does not exercise its option to occupy the remaining
portion of the 14th Floor, or a portion thereof on or before the first anniversary of
the sublease, the Sublessee shall be given a first right of refusal to commence on
the day after the first anniversary of the sublease and end on the fifth anniversary
of the Sublease, to sublease the remaining space on the 14th Floor on same or
similar terms and conditions as that being offered to the City by a third party (at
that time), provided such rent is not less than that set out in paragraph 2(a)
herein.
9. Parking
Rent, from commencement of the Sublease to April 30, 2006, shall include
parking of 15 vehicles with the parking space allocated as follows:
. Two in the City Hall Garage
. Two in the Brunswick Square Garage, until such time as two
spaces become available in the City Hall Garage
. Eleven at the Harbour Station parking lot or closer
Upon exercising the option or first right of refusal for the remaining portion of the
14th Floor or a portion thereof, the Sublessee shall be provided with up to 4
additional parking spaces at the Harbour Station lot, based upon one parking
space for every 390 square feet :t of additional space rented.
In the event the City does not purchase the premises or renew its lease to
include the 14th Floor, rent after May 1, 2006 shall not include parking. The
Owners will provide 4 spaces (to the Sublessee) in the premises' parking garage,
at market rate.
10. Tenant Inducement
In consideration for the expense incurred by the Sublessee for the cost of
demolition of existing walls and partitions on the 14th Floor (Subpremises) and in
consideration for common hallway improvements, upon the execution of the
sublease, the Sublessee shall be given:
. A 2 month fixturing/renovation period - rent-free; and
. The first 4 months after the commencement date - rent-free.
The commencement date being the occupancy of the Subpremises by the
Sublessee for business purposes, or two months from the execution of the
sublease, whichever occurs first.
Rent being the total monthly amount due payable to the City based upon the
annual rate reference in paragraph 2(a).
Rent-free during the fixturing/renovation period, shall mean a temporary
exemption from rent. Rent free during the first four months following the
commencement date, shall mean the temporary exemption from rent, except for
a payment of the sum of $1,175.87 plus HST per month.
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11. General Provisions
That the Sublessor (being the City of Saint John) shall provide heat, lights, air
conditioning and other general electrical needs; the cleaning of the common
corridors; the stocking of the common washrooms; maintenance of lights and the
resetting of breakers; insurance, except where noted herein; proportionate share
of property taxes; general building maintenance and operations to today's
standards, as provided to the Sublessor by the Owners.
12. Payment of Rent
Rent is due payable on the 1 st of each month, in advance; the cheque is to be
made payable to the City of Saint John.
13. Renovations
The Sublessee may, with the prior written approval of the Owners and Sublessor,
undertake improvements to the Premises. All leasehold improvements shall be
the property of Sublessee except improvements made to the air conditioning,
heating, and ventilation systems; the ceiling grid, tiles and lighting; electrical;
demising walls; and common corridors. The Owner and Sublessor shall not
unreasonably withhold their approval of the renovations or improvements to the
Premises.
14. Other responsibilities of the Sublessee
The Sublessee shall be responsible for: any additional electrical or air
conditioning needs required for its computers; cleaning the Subpremises and
cost therefor and for parking beyond what has been provided for herein.
15. Use of Subpremises
The intended use of the Subpremises is for the carrying out of the business of
the Public Utilities Board of the Province of New Brunswick; a change in use
must be approved by the Owners and Sublessor and such approval will not be
unreasonably withheld.
16. Assignment of Sublease
The Sublease cannot be assigned in whole or in part except with the prior written
consent of both the Sublessor and the Owners and shall be in accordance with
the terms of the Head Lease and this Sublease, such approval will not be
unreasonably withheld.
17. Liability Insurance
The Sublessee shall obtain and provide to the Sublessor, proof of issuance of a
liability insurance policy of an amount not less than two ($2) million dollars; that
the Sublessor and the building's Owners be co-named in this policy; and that this
policy be maintained during the term of the Sublease.
18. The Head Lease
The Sublease shall be subject to clauses 7(d) through to 7(n), 8(a), 11 (c)(iii), 12,
13, 15, 26, and 27 and the thereto attached "Rules and Regulations Forming Part
of the Within Lease" of the Head Lease between the Owners and the City of
Saint John, dated April 15, 1969 and as filed in the Saint John County Registry
Office as document number 219874 and as amended from time to time;
The Sublessor covenants with the Sublessee that the Sublessor shall:
. Pay the rent reserved by the Head Lease.
. Perform and observe the covenants on the part of the Tenant
contained in the Head Lease with respect to the Premises
including the Subpremises so far as such covenants are not
required to be performed and observed by the Sublessee.
. At all times keep the Sublessee indemnified against all actions,
expenses, claims and demands of any kinds on account of the
non-performance of the covenants of the Tenant in the Head
Lease.
19. Violation of Sublease
If and whenever the rent or any portion thereof hereby reserved is not paid by the
Sublessee remains unpaid for a period of fifteen (15) days after any of the days
upon which the same ought to have been paid, or if the Sublessee is in breach of
or in default under any of the Sublessee's covenants, conditions or agreements
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contained in this Sublease and such breach or default continues for fifteen (15)
days after written notice thereof has been given by the Sublessor to the
Sublessee without the Sublessee proceeding promptly and diligently to remedy
such breach or default, then in any such case the Sublessor shall have the right
to terminate this Sublease and, upon the exercise of such right, the Sublessor
may terminate this Sublease and re-enter into and upon and take possession of
and enjoy the Subpremises, or any part thereof, in the name of the whole, as of
the Sublessor's former estate.
The failure of the Sublessor to insist upon the strict performance of any of the
agreements, terms, covenants and conditions hereof shall not be deemed a
waiver of any rights or remedies that the Sublessor may have and shall not be
deemed a waiver of any subsequent breach or default of any such agreements,
terms, covenants and conditions:
AND FURTHER that as recommended by the City Manager, upon
commencement of the Sublease, the City of Saint John make payment of $5,000
+ HST to Royal LePage Summit Real Estate Services Ltd. as a real estate
commission, and further that the Mayor and Common Clerk be authorized to
execute the required documents.
(Deputy Mayor Chase re-entered the meeting.)
Question being taken, the motion was carried.
21. Letter Of Agreement With CUPE
Local #18 Re Hours Of Work Option
Read a report from the City Manager submitting a proposed Letter of
Agreement with CUPE Local #18 (Outside Workers) which would make the shift option
relating to the Dispatcher/Duty person function available in other round-the-clock service
situations, by providing for the shift schedule of 4 shifts on/4 shifts off, averaging 42
hours per week over an 8-week cycle; and advising that the Local 18 Executive concurs
with the proposal and will be recommending ratification by the membership and the
employees affected also concur, as do their supervisors.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council ratify the submitted Letter of Agreement with Local
#18, CUPE, concerning Shift Option - Hours of Work; and (2) after review by the City
Solicitor as to legality and form, authorize the Mayor and Common Clerk to execute the
Letter of Agreement on behalf of the City of Saint John.
Question being taken, the motion was carried.
22. Re Fundy Region Solid Waste Commission
Expenditures In Host Community
Consideration was given to a report from the City Solicitor further to
Council's referral on January 22, 2001 of correspondence from the Fundy Region Solid
Waste Commission on the matter of expenditures in host communities which included a
copy of a January 9, 2001 letter to the Commission from the Acting Minister of the
Department of Environment and Local Government precipitated by an inquiry from the
Commission which, in turn, arose from the provision to the Commission of the City
Solicitor's opinion that certain expenditures for off-site projects were beyond the
Commission's authority; noting that the Acting Minister, in his letter, expressed support
for the Commission in its efforts to compensate the host community by funding both on-
site and off-site community projects as it follows the spirit of the EIA Determination;
however, that letter neither expressly addressed the issue of the Commission's legal
authority to make such expenditures off-site nor responded to the legal analysis he had
submitted to Council in this regard. The City Solicitor, in his report, advises of his
contact, subsequent to the last Council meeting, with the Executive Director of the
Environmental Management Division of the Department of Environment and Local
Government who confirmed that he was primarily responsible for preparing the letter for
the Acting Minister's signature; re-iterates his opinion that the Commission has neither
authority to make nor permit expenditures of the sort in question; states that, in the event
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that the Commission authorizes further expenditures of the sort in question, then the City
may make an application to the court challenging the Commission's jurisdiction or
authority in this regard; and comments in response to the question as to what constitutes
the host community, which was also raised at the January 22, 2001 meeting.
On motion of Councillor Chase
Seconded by Councillor Trites
RESOLVED that a copy of the City
Solicitor's report regarding the Fundy Region Solid Waste Commission's expenditures in
the host community be referred to the Fundy Region Solid Waste Commission.
(Deputy Mayor Chase and Councillor Fitzpatrick withdrew from the
meeting.)
Question being taken, the motion was carried.
24. Zoning By-law Amendment To
Re-Zone 327 Westmorland Road
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-545 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 327 Westmorland Road,
(NBGIC Number 00320143) having an area of approximately 3,083 square metres
(33,186 square feet), from "RS-2" One and Two Family Suburban Residential to "P" Park
classification, be read a third time an enacted and the Corporate Common Seal be
affixed thereto.
The by-law entitled, "By-law Number C.P. 100-545 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.
25. Zoning By-law Amendment & Imposing Of
Section 39 Conditions. 585 Rothesay Avenue
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-546 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 585 Rothesay Avenue
(NBGIC Number 298034), having an area of approximately 9,000 square feet, from "1-1"
Light Industrial to "B-2" General Business classification, be read a third time an enacted
and the Corporate Common Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to a condition requiring that the owner must install and
maintain a chain link fence with a minimum height of 1.83 meters (6 feet) along the rear
property line prior to occupancy of any new dwelling units.
The by-law entitled, "By-law Number C.P. 100-546 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.
26. Zoning By-law Amendment To
Re-Zone 1159 Westfield Road
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-547 A Law To Amend The Zoning By-law Of The City Of Saint John",
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COMMON COUNCIL
FEBRUARY 5, 2001
insofar as it concerns re-zoning a 2,234 square metre (24,047 square feet) portion of the
parcel of land located at 1159 Westfield Road (NBGIC Number 55099493), from "1-1"
Light Industrial to "RS-2" One and Two Family Suburban 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. 100-547 A Law To Amend The
Zoning By-law Of The City Of Saint John", was read in its entirety.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the motion was carried.
27. Noise By-law Amendment
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 Prevention Of Excessive Noise In The City Of
Saint John", by amending section 3 and repealing section 6, 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
Prevention Of Excessive Noise In The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
28. PlanninQ Advisory Committee - 2001 Executive
On motion of Councillor Trites
Seconded by Councillor White
RESOL VD that the letter from the Planning
Advisory Committee advising of the election of the following individuals as members of
its Executive for 2001: Chairman - Brian J. Cunningham; Vice-Chairman - Philip Hovey;
and Executive Member - Stephen Horgan, be received and filed.
Question being taken, the motion was carried.
29. Planning Advisory Committee
Street VestinQ 601 Rothesay Avenue
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the subdivision, with respect
to the proposed widening of Rothesay Avenue, of an approximately 6-square-metre
portion of the Bill's Siding Ltd. property, located at 601 Rothesay Avenue (NBGIC
Number 298331), as generally illustrated on the submitted plan entitled "Plan Showing
Rothesay Avenue widening for Marsh Creek Bridge #4, City of Saint John, Saint John
County, New Brunswick.".
Question being taken, the motion was carried.
30. Saint John Industrial Parks Ltd. - Opportunity
To Acquire Land In Spruce Lake Industrial Park
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Saint
John Industrial Parks Ltd. advising that an opportunity has arisen to acquire a portion of
11 and 20 Galbraith Place which would facilitate future access to a 15 to 20 acre
development site in the Spruce Lake Industrial Park with, at the appropriate time, the
reconstruction and extension of Galbraith Place to create a seven-lot subdivision, as
indicated in the submitted plans; and, as it has been the practice of the City of Saint
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FEBRUARY 5, 2001
John to acquire lands for future street purposes in industrial parks, requesting that this
matter be referred to City staff for negotiation and recommendation back to Common
Council, be referred to the City Manager for a recommendation.
Question being taken, the motion was carried.
31. Saint John Board Of Trade - Tax Rate & BudQet Issues
Read a letter from the Saint John Board of Trade referring to a discussion
document presented to the Mayor and members of Council in April 2000 relating to
budgets for 2001 and beyond which recommended that (1) the 2001 property tax rate be
maintained at 2000 levels or reduced; (2) Council commit to a tax rate reduction plan
whereby the residential tax rate would be reduced to $1.625 by 2003; and (3) Council
establish a budget committee comprised of Councillors and non-councillors who would
meet on budget and fiscal planning matters throughout the year and present a detailed
budget for approval by Council, as well as to its 1997 recommendation that the City
undertake an independent operational review to identify new and more efficient ways to
deliver services in that, although the Board has seen action on its first recommendation,
it is not aware that the City has taken any action on the other two and, to its knowledge,
no independent operational review has been conducted, nor is one planned; and
commenting further on its concerns and recommendations on which the Board would be
pleased to meet with Council at any time.
On motion of Councillor Desmond
Seconded by Councillor Titus
RESOLVED that the letter from the Saint
John Board of Trade regarding the tax rate and budget issues be received and filed.
Question being taken, the motion was carried.
32. Hughes Surveys & Consultants Ltd. I Rhonda King
Re-ZoninQ Of Property On MontQomerv Crescent
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the application of
Hughes Surveys & Consultants Ltd. on behalf of Rhonda King (purchaser) for the re-
zoning of property located on Montgomery Crescent 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, March 19, 2001,
at 7:00 o'clock p.m.
Question being taken, the motion was carried.
33. Multicultural Association of Saint John, Inc.
Relocation Of UNBSJ ProQram to Fredericton
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the letter from Multicultural
Association of Saint John, Inc. advising that it has learned from certain sources which it
undertook not to disclose that there is a move being developed by the University of New
Brunswick to relocate the control of the Master in Business Administration Program from
the Saint John Campus to the Fredericton Campus; and urging Council to request the
Mayor, who is understood to be a member of the Board of Governors, to investigate and
report on this proposed move and, if it turns out to be something of substance, to take
the strongest stand against it, be received and filed and a letter be forwarded to the
Association advising of the Mayor's comments.
Prior to the above motion being proposed, Mayor McAlary advised that,
while there has been no discussion from the University of New Brunswick in Saint John
or the University in Fredericton regarding the relocation or control of the Masters in
Business Administration Program from the Saint John Campus, there is often discussion
at their meetings trying to find out what would work better for both Campuses and try to
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FEBRUARY 5, 2001
have better relationships, and that she spoke to UNBSJ President Dr. Rick Miner in this
regard earlier this date; and suggested Council could provide this information to the
Multicultural Association.
Question being taken, the motion was carried.
34. Lee Farris - PlowinQ Of Snow On Sidewalks
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Lee
Farris advising of a problem at cross walk intersections when the sidewalk plow, in going
across the street, leaves a pile of snow blocking the cross walk intersection coming the
other way in effect creating a barrier of hard snow making it difficult for seniors and
disabled persons to cross over and making the cross walk impossible for persons in
wheel chairs to gain access, be referred to the City Manager.
Question being taken, the motion was carried.
35. Dynamic Construction Corporation Ltd.
Supplv Of Compensatory StoraQe
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the letter from Dynamic
Construction Corporation Ltd. submitting an invoice for supplying compensatory storage
for over twenty years, be received and filed.
Question being taken, the motion was carried.
35A. Barbara Mahaffv - Simonds Arena
On motion of Councillor Titus
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Barbara
Mahaffy commenting on the current state of disrepair of the Simonds Arena, be received
and filed and a copy of the Council resolution of this date on the Simonds Arena be
forwarded to Ms. Mahaffy.
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk