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2001-04-17_Minutes 88-451 COMMON COUNCIL APRIL 17, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the seventeenth day of April, AD. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. T. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; C. Campbell, Planner; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Ms. A Poffenroth, By-law Enforcement Officer; 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. David Nicholson of Douglas Avenue Christian Church 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 April 9, 2001, be approved. Question being taken, the motion was carried. 11. Mavor's Remarks The Mayor, having advised her intention to proceed to Mayor's remarks prior to going into the public hearings, recognized Bill Fitzpatrick, Chairman of the Saint John Arts Advisory Board, who, as Chairman of the deep see Visual Arts Festival, expressed appreciation to the members of Council and City staff for their support of the Festival, and displayed a fish-shaped image, with the request that the Council members actively participate in the June Festival by creating a school of similar art work for the Catch of the Day event. Mr. Fitzpatrick introduced Debbie Blizzard, a Program Director at the Carleton Community Centre, who displayed an art work of a larger version than that displayed by Mr. Fitzpatrick, which was created by the children at the Centre; and he gave to each of the Council members a fish-shaped image on which to create their art works, as well as a guideline on how to do it, adding that the Council members' school of the Catch of the Day would be displayed in the City Market. The Mayor advised that the televised Council meeting of this date would be aired commencing at 11 :00 o'clock p.m., rather than 9:00 o'clock p.m. as usual, and would not be repeated tomorrow morning. 3(a) Zoning By-law Amendment To Re-Zone 74 Loch Lomond 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 74 Loch Lomond Road (NBGIC Numbers 322115,55069876 and 55069884), having an area of approximately 1300 square metres, from "R-2" One and Two Family Residential to "B-1" 88-452 COMMON COUNCIL APRIL 17, 2001 Local Business classification, to permit the establishment of a business office in the existing building, as requested by Neil G. Hanlon, CGA, and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and other correspondence considered at the Committee's April 10, 2001 meeting at which Neil Hanlon spoke in favour of his application, and Harold Coughlan and Ron Palmer also spoke in favour of the proposal; advising of the Committee's decision to recommend that the application be approved, subject to a Section 39 resolution; and recommending that Common Council re-zone a parcel of land located at 74 Loch Lomond Road, having an area of approximately 1300 square metres, also identified as NBGIC Numbers 322115, 55069876 and 55069884, from "R-2" One and Two Family Residential to "B-1" Local Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the non-residential use of the site is restricted to a business office, (b) mobile signs are prohibited, and (c) the site must not be developed or used for non-residential purposes except in accordance with a detailed site plan, prepared by the applicant and subject to the approval of the Development Officer, indicating all site features, including buildings and structures, paved driveway and parking area, landscaped areas and location and size of any freestanding sign, and the approved site plan must be attached to the application for building permit for the proposed non-residential use. Neil Hanlon was present in support of his application and offered to respond to questions in this regard, indicating his agreement with the Planning Advisory Committee's recommendation. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 74 Loch Lomond Road (NBGIC Numbers 322115,55069876 and 55069884), having an area of approximately 1300 square metres, from "R-2" One and Two Family Residential to "B-1" Local Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Court Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 74 Loch Lomond Road (NBGIC Numbers 322115,55069876 and 55069884), having an area of approximately 1300 square metres, from "R-2" One and Two Family Residential to "B-1" Local Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the correspondence in the above regard be received and filed. 88-453 COMMON COUNCIL APRIL 17, 2001 Question being taken, the motion was carried. 4(a) Zoning By-law Amendment To Re-Zone 153 Cranston 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 153 Cranston Avenue (NBGIC Number 32078), having an area of approximately 830 square metres (8,934 square feet), from "R-2" One and Two Family Residential to "B-1" Local Business classification, to permit the continued use of the property for various commercial businesses, as requested by Dr. William Shaw and Dr. Jeffrey Bower, 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 and three letters from neighbouring property owners stating their concerns regarding traffic and on-street parking, considered by the Committee at its April 1 0, 2001 meeting at which the applicant appeared in support of the proposal and staff's recommendation as contained in the report and no other person appeared before the Committee; and recommending that Common Council re-zone the parcel of land located at 153 Cranston Avenue, having an area of approximately 830 square metres (8,934 square feet), also identified as NBGIC Number 32078, from "R-2" One and Two Family Residential to "B-1" Local Business classification. Ronald Zed of 138 Cranston Avenue appeared before Council in opposition to the proposed re-zoning on the basis that parking was restricted to one side of the street because of the heavy traffic and school volume of traffic and also that, although there was supposed to be only one office on the subject property when the doctor first went there, there was now a clinic with three offices, and work was carried out with no building permit to put in a hairdressing salon; and addressed the issue of parking availability on the Dairy Queen property for the proposed businesses in view of the difficulty people who go to the Dairy Queen have getting parked there. William Shaw, appearing in support of his application, offered to answer questions with regard to the request for re-zoning, and advised his agreement with the Planning Advisory Committee's recommendation. Dr. Shaw clarified that the operation was now a two-dentist, not a three-dentist, operation; and, on the parking concern, advised that, if it were Council's request, he and Dr. Bower would be willing to work split shifts which would mean that there would be sufficient parking spaces on their premises to meet the required standard for parking. Dr. Shaw responded to questions in the above regard during which time he agreed with a suggestion that his staff could be asked to park on the Dairy Queen premises so as to free up parking spaces on the subject property for clients, and advised that, with regard to the reference in Planning staff's report that a letter was to be filed on the availability of parking at the Dairy Queen, he did not have the letter with him at this time, although the owner of the Dairy Queen premises had one for him. On motion of Deputy Mayor Chase Seconded by Councillor Titus RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning of a parcel of land located at 153 Cranston Avenue (NBGIC Number 32078), having an area of approximately 830 square metres (8,934 square feet), from "R-2" One and Two Family Residential to "B-1" Local Business classification, be read a first time. During discussion Councillor Trites advised that, while he would support first and second readings of the proposed re-zoning, he would not support third reading unless it were accompanied by a Section 39 condition requiring that the available spaces at the Dairy Queen be utilized by staff and also that the letter from the Dairy Queen be made available to Planning staff and provided to Council, and Mr. Baird advised that, if Council so wished, a suitable motion could be prepared for Council for third reading. 88-454 COMMON COUNCIL APRIL 17, 2001 Councillors Court and Fitzpatrick concurred that Council should not proceed with third reading without a letter from the Dairy Queen with respect to parking availability. The Mayor made the observation that it would be up to the owners, not the City, to police their employee parking and, if the dentists' patients wished to park on the street, the City would have no way of requiring that they park behind the office, and Mr. Baird noted that that was the reason the Planning Advisory Committee required the owners to place a sign on the building indicating the availability of parking at the rear and at the Dairy Queen. Councillor Chase advised that, while he would be in favour of a letter being on file from the Dairy Queen, he could not support the suggested Section 39 condition as it should be left to the discretion of the proprietors of the dental practice to make recommendations on parking. 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 Deputy Mayor Chase 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 of a parcel of land located at 153 Cranston Avenue (NBGIC Number 32078), having an area of approximately 830 square metres (8,934 square feet), from "R-2" One and Two Family Residential to "B-1" Local Business 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 Deputy Mayor Chase RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 5(a) Zoning By-law Text Amendment Re "US" Utilitv And Service Zone The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-law text amendment to add the following to the list of permitted uses in the "US" Utility and Service Zone, section 670(1)(a): "- as a secondary use, a dwelling unit for a caretaker or watchman", to permit a dwelling unit for a caretaker of watchman in the "US" Utility and Service zone, 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 considered at the Committee's April 10, 2001 meeting at which no persons attended and no letters were received; and recommending that Common Council amend the City of Saint John Zoning By-law by adding the following to the list of permitted uses in the "US" Utility and Service zone, section 670(1)(a): "- as a secondary use, a dwelling unit for a caretaker or watchman". On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, by adding the following to the list of permitted uses in the "US" Utility and Service zone, section 670(1)(a): "- as a secondary use, a dwelling unit for a caretaker or watchman", be read a first time. 88-455 COMMON COUNCIL APRIL 17, 2001 Question being taken, the motion was carried with Councillor Desmond 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 Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, by adding the following to the list of permitted uses in the "US" Utility and Service zone, section 670(1)(a): "- as a secondary use, a dwelling unit for a caretaker or watchman", be read a second time. Question being taken, the motion was carried with Councillor Desmond voting "nay". 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 White 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 Portion Of Bon Accord Subdivision The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of various parcels of land located in the Bon Accord Subdivision, at the western ends of Strathorne Avenue and McGregor Place, also identified as being NBGIC Numbers 55147243,55147250, 55147268, 55147227,55147219,55147201, 55096309, 55086755 and portions of 55147185, 55096325,55096317,55096291,55096283 and 55086714, from "RS-2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential classification, 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 Planing staff's report considered at the Committee's April 10, 2001 meeting at which no persons attended and no letters were received in this regard; and recommending that Common Council re-zone various parcels of land located in the Bon Accord Subdivision, located at the western ends of Strathorne Avenue and McGregor Place, also identified as NBGIC Numbers 55147243,55147250, 55147268,55147227,55147219,55147201,55096309, 55086755 and portions of 55147185, 55096325, 55096317, 55096291, 55096283 and 55086714), from "RS-2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential classification. 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 various parcels of land located in the Bon Accord Subdivision, located at the western ends of Strathorne Avenue and McGregor Place, also identified as NBGIC Numbers 55147243,55147250, 55147268,55147227,55147219,55147201,55096309, 55086755 and portions of 55147185, 55096325, 55096317, 55096291, 55096283 and 55086714, from "RS-2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential classification, be read a first time. Question being taken, the motion was carried. 88-456 COMMON COUNCIL APRIL 17, 2001 Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning various parcels of land located in the Bon Accord Subdivision, located at the western ends of Strathorne Avenue and McGregor Place, also identified as NBGIC Numbers 55147243, 55147250,55147268,55147227,55147219, 55147201, 55096309, 55086755 and portions of 55147185, 55096325, 55096317, 55096291,55096283 and 55086714, from "RS-2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 7(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 10 Tim Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the October 7, 1985 re-zoning of the property situated at 10 Tim Street (formerly known as 660 Brown Street), also identified as NBGIC Number 00298745, to permit a revised proposal to allow a used car sales lot to operate from the subject property, as requested by Dante Foriere, 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 April 10, 2001 meeting at which Brian Hersey appeared on behalf of the applicant in support of staff's recommendation at which time he indicated a desire to use an existing office within the building for the proposed used car sales business and asked if this was possible given the comments of Building and Technical Services as indicated in the submitted report, and Planning staff was unable to answer this question but suggested that the matter could be further discussed with the Building Inspector; advising of the Committee's adoption of the staff recommendation without imposing any additional conditions for the used car sales lot; and recommending that Common Council amend the Section 39 conditions imposed on the October 7, 1985 re-zoning of the property situated at 10 Tim Street (formerly known as 660 Brown Street), also identified as NBGIC Number 00298745, in order to allow for the establishment and operation of a used car sales lot with the following conditions: (a) the used car sales lot be limited to a maximum of ten vehicles for sale at any time, (b) the used car sales lot must be operated along the eastern portion of the parking lot and not in front of the building, and (c) no outdoor sales office or other such building be placed anywhere on the property. Brian Hersey of 16 Fern Street, appearing in support of the proposed amendment, noted the proposal for a used car lot for a maximum of ten vehicles at one time, and indicated his agreement with the Planning Advisory Committee's recommendation. 88-457 COMMON COUNCIL APRIL 17, 2001 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the October 7, 1985 re-zoning of the property situated at 10 Tim Street (formerly known as 660 Brown Street), also identified as NBGIC Number 00298745, in order to allow for the establishment and operation of a used car sales lot with the following conditions: (a) the used car sales lot be limited to a maximum of ten vehicles for sale at any time, (b) the used car sales lot must be operated along the eastern portion of the parking lot and not in front of the building, and (c) no outdoor sales office or other such building be placed anywhere on the property. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 8. Municipal Plan Amendment Re Proposed "PQ-2" Pits And Quarries 2 Zone For Industrial Sites Public presentation was made of a proposed Municipal Plan amendment which would amend subsection 2.4.3, Policies Respecting Pits and Quarries, to provide for the creation of more than one specific zone for pit and quarry operations and, specifically, a zone for pits and quarries on lands designated Heavy Industrial, to provide for the creation of a "PQ-2" Pits and Quarries 2 zone in the Zoning By-law, for pit and quarry operations that are located on land designated Heavy Industrial or Approved Heavy Industrial Developments on Schedule 2-A, the Future Land Use Plan, of the Municipal Development Plan, as initiated by the City of Saint John. 12. NeQotiations With Transit Commission On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED the letter from Councillor Fitzpatrick regarding negotiations with the Transit Commission be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. 13. Use Of Countdown Timers For Pedestrian Crosswalk SiQnals On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager commenting on the use of pedestrian crosswalk signals to communicate to pedestrians when it is safe to enter a crosswalk and the manner in which the lights communicate the message by a walking pedestrian indication and a flashing hand indication; describing countdown timers which are available on the market, the use of which staff is investigating, which are installed in conjunction with conventional signal devices and of which the cost in 1999 per unit was $385 for the timer part and $460 for the combined walking pedestrian and flashing hand indications (taxes not included), and advising that both units would be required to retrofit current signals and two sets would be required per crosswalk, and staff will follow up with respect to additional research into the use of countdown timing devices, as well as initiate a public education program relating to promoting a better understanding of crosswalk signals, be received and filed. Question being taken, the motion was carried. 88-458 COMMON COUNCIL APRIL 17, 2001 14. Issuance Of Warrants For Membership In Saint John SalvaQe Corps And Fire Police On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council issue a warrant to Larry Hill and Craig McKillop for membership in the Saint John Salvage Corps and Fire Police. Question being taken, the motion was carried. 15. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, April 9, 2001, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, the City of Saint John subdivide and sell a 4.4 hectare:t portion of NBGIC Number 51771 off Boars Head Road, as generally shown on the submitted plan, to Barsa Ventures Ltd. in consideration for a 3.4 hectare :t portion of NBGIC Number 49817, as generally shown on the submitted plan, plus $2,000 (plus HST if applicable), and that Barsa Ventures Ltd. prepare and pay for all necessary subdivision plans, and further that the Mayor and Common Clerk be authorized to execute the deed. 2. That as recommended by the City Manager, the City of Saint John sell, subject to easements for municipal services and public utilities, its freehold interest in NBGIC Number 18773 to Tidan Inc. for $900,000 (plus HST); the closing date be on or before August 31, 2001; prior to closing, an amending subdivision plan providing for necessary municipal services easements and public utility easements be prepared and filed; Common Council assent to such municipal services and public utility easements; the City of Saint John grant a license to Tidan Inc. to permit the existing canopy to overhang onto Union Street as generally shown on the submitted plan; the term of the license be for the life of the existing canopy; the Mayor and Common Clerk be authorized to execute the deed and license agreement; and, at the time of the closing, funds be disbursed pursuant to the Urban Renewal Partnership Agreement. Tuesday, April 17, 2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Land ExchanQe With Barsa Ventures Ltd. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that section 1 of the above report be adopted. (Rescinded April 22, 2002 Bk. 89 pg. 62 ) Question being taken, the motion was carried. 88-459 COMMON COUNCIL APRIL 17, 2001 15.2. Sale Of Fee Simple Interest In Prince Edward Square Mall Land On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that section 2 of the above report be received be adopted. Question being taken, the motion was carried. 16. Planning Advisory Committee - Future Street Assent - 11 & 20 Galbraith Place On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted tentative subdivision plans of 11 and 20 Galbraith Place that would vest two parcels of land, having a total area of approximately 1443 square metres (15,534 square feet) for future street purposes. Question being taken, the motion was carried. 17. Planning Advisory Committee - Subdivision Assent Street WideninQ Purposes, 569 Rothesav Avenue On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision, with respect to the widening of Rothesay Avenue, of an approximately 512-square-metre portion of the Ultramar Ltd. property located at 596 Rothesay Avenue (NBGIC Number 307892), as generally illustrated on the submitted revised plan dated March 27, 2001. Question being taken, the motion was carried. 18. Fundy Region Solid Waste Commission - Financial Statements, Auditor's Report, 2000 Annual Report Consideration was given to the letter from the Fundy Region Solid Waste Commission submitting its Financial Statements, Auditor's Report and a report on activities, for the year ended December 31,2000, which were tabled at the last meeting until Councillor Chase, Council's representative on the Commission, was present. On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that the above matter be taken from the table for consideration at this time. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the letter from the Fundy Region Solid Waste Commission submitting its Financial Statements, Auditor's Report and a report on activities, for the year ended December 31, 2000, be received and filed. Councillor Chase, Council's representative on the Commission, spoke to the operation and future of the Crane Mountain landfill. Question being taken, the motion was carried. 88-460 COMMON COUNCIL APRIL 17, 2001 19. Residents Of Francis Street Commending City Works Emplovees For Snow-PlowinQ Efforts On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from residents of Francis Street commending the City's Works employees for a job well done this winter in the snow plowing of their street, be received and filed and copied to the appropriate City supervisors to see that their membership is made aware of the contents. Question being taken, the motion was carried. 20. Saint John District Labour Council Request For Ad In Convention Brochure On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that, with regard to the request of the Saint John District Labour Council for Council to sponsor an ad in its convention brochure to help raise funds for its 44th convention to be held in Saint John from June 10 to 13,2001, a half-page ad be purchased at a cost of $250. The initial motion to purchase a quarter-page ad at a cost of $150 was changed to that above. Question being taken, the motion was carried. 21. BMO Nesbitt Burns Saint John Jazz & Blues Festival Request For Letter Of Endorsement Of Festival On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter to Mayor McAlary from Chris Murdock, Chair of the 2001 BMO Nesbitt Burns Saint John Jazz & Blues Festival, submitting as a follow-up to his April 9, 2001 presentation to Council the Festival's 2001 operating budget and list of corporate sponsors, advising that the Festival was seeking the non-financial support of the City; and asking that a letter from the Mayor's Office be sent to his attention indicating the City of Saint John's endorsement of the Festival, be referred to the Mayor for a letter of endorsement. Question being taken, the motion was carried. It was suggested that, if the Environment Committee members were present for their 8:45 o'clock p.m. presentation, the presentation could be made at this time. The Mayor noted the necessity to consider item 9 at 8:30 o'clock p.m. as scheduled. 10. Environment Committee - Industrial liquid Wastes Mike Sauerteig of the City of Saint John Environment Committee noted the presence at the meeting of Committee members Terry Gray, Jeff Garrett, Don Shaw and Maureen Fuller as well as staff support Amy Poffenroth, who were in attendance for the Committee's presentation on industrial liquid wastes, as the next in a series of draft policy documents regarding Part Three of the Municipal Plan and, through a computer- aided presentation, highlighted the proposed subsection 3.3.8, defining industrial liquid waste as the liquid residue generated or remaining at the completion of a manufacturing or production cycle, and this can be of chemical of biological nature, treatment as the process by which the liquid waste generated or produced is either neutralized or rendered harmless to the receiving environment, and receivinQ environment as the location, such as a body of water (e.g., the Harbour), into which the liquid waste is introduced as a means of disposal., with the City's objectives to be: (a) that all industrial liquid wastes will receive on-site treatment; (b) to foster a "cradle to grave" responsibility on the part of industry to ensure that a process is not detrimental to the environment or 88-461 COMMON COUNCIL APRIL 17, 2001 health of Saint John; (c) to promote opportunities for private enterprise to address liquid waste streams, develop business opportunities, and reduce the net loading on the Saint John environment; (d) to encourage wherever possible changes to process streams, Best Available Technology" (B.A.T.) renovations at existing operations, and "tail pipe" solutions would be used where process stream solutions are not available; and (e) to promote the "3 - Rs" - reduce the waste loading, recycle the process liquids and reuse the process liquids, to achieve a positive outcome on the City waste streams. As for policies, Mr. Sauerteig proposed the following: 3.3.8.1 - that industrial discharges into municipal sewers will require prior approval from the City of Saint John and require submission of effluent loading rates, effluent concentration and effluent characteristics; 3.3.8.2 - a permit will be required for discharges into City sewers; 3.3.8.3 - the City reserves the right to charge a fee in order to finance upgrades or revisions to present treatment systems and/or piping grids, etc., to accommodate particular effluent materials; 3.3.8.4 - to foster an environment and attitude of cooperative development within industry to control its waste streams; 3.3.8.5 - to require industry to submit results for sampling and testing of the waste stream as it enters the City sewer system or the receiving environment, and to include a regular independent audit of a plant's effluent, with submission of results to City; and 3.3.8.6 - to require industry to provide confirmation of ultimate disposal location for any waste liquid generated at a particular facility. The Mayor expressed appreciation to the members of the Environment Committee for the presentation. The Mayor advised that the consensus of the Council members was to commence the next regular meeting of Common Council at 4:30 o'clock p.m. rather than 7:00 o'clock p.m. as scheduled; and noted the need to meet in Committee of the Whole subsequent to the regular meeting on that date to clear up one issue. Councillor Trites proposed a motion, which was seconded by Councillor Fitzpatrick, that the regular meeting of Council on April 23, 2001, commence at 4:30 o'clock p.m. The Mayor declared a recess until 8:30 o'clock p.m. and, following the recess, the Council meeting reconvened. 9. Notice To Appear Re BuildinQ At 467 Main Street Notice had been given to Roohi Najam Malik, and Canadian Imperial Bank of Commerce, and any other person it may concern, to appear to show cause, if any, why Common Council should not find the Malik building located at 467 Main Street (NBGIC Number 370700) to be in a dangerous condition, and also to require Roohi Najam Malik to remedy the condition, within such time as Common Council may set, by either (1) demolishing the Malik building and removing the debris, or (2) securing the building, with materials that present a uniform appearance, against entry by children or other trespassers and, after having obtained any necessary building permit, carrying out the necessary work described in the inspection report as being necessary to restore the Malik building to such a condition that it is no longer dangerous. Consideration was given to a report from the City Manager regarding the building located on the property at 467 Main Street, which is owned by Roohi Najam Malik, who resides in Sudbury, Ontario, and is vacant and often open to the public, its interior having been extensively vandalized; stating that the building has become dilapidated and deteriorated so as to be in a dangerous and unsightly condition, and the unsightly condition of the property as well as the deteriorated and dangerous condition of the building results in potential danger to neighbours and children in the immediate vicinity as well as any transients; and submitting photographs of the subject building, a copy of an inspection report, dated November 24, 2000, from Deputy Building Inspector David Crawford, a memorandum from Divisional Chief of Fire Prevention & Investigation Thomas P. White, dated December 28,2000, a letter from Assistant Deputy Chief of Police B.C. (Brian) Fillmore, dated December 14,2000, the Notice to Appear, and a resolution recommended for adoption by Council. The report advises of the Building & Technical Services' efforts in working with the previous owner of the property with respect to minimum property standards beginning in 1988, as well as of notifications to the current owner; and recommends adoption of the submitted resolution. Mr. Edwards, noting that he did not see anyone present representing the owner, advised that staff received a call from a lawyer who had been speaking to the owner today, although she did not make any commitment as to whether or not she would 88-462 COMMON COUNCIL APRIL 17, 2001 be making any representation at this meeting. Mr. Edwards apprised Council of the condition of the subject building, as described in the above report, presenting slides of the building to illustrate its more significant deficiencies and deteriorated condition; and expressed the opinion that the building poses a potential and very real danger to people who may, for whatever reason - illegal or otherwise, enter into it or for that matter even pass along side where there is deterioration of the structural components and exterior walls. Mr. Edwards pointed out that the owners of the building should be aware of this process, having about three years ago owned a building on the same side of the street as this, three doors up toward the McDonalds building, which they allowed to become dangerous and dilapidated to the point where Council had to deal with it; noted that the previous Building Inspector brought this building to Council in 1992 for the same sort of consideration at which time the owners did just enough work to put off the demolition; and requested Council to adopt the resolution as set out in the City Manager's report. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the following resolution be adopted, namely: WHEREAS the records in the Saint John County Registry Office show Roohi Najam Malik to be the registered owner of the freehold title to the parcel of land (herein called "the Malik property") that is located at 467 Main Street, Saint John, N.B. The Malik property is designated as parcel number 370700 on the portion of the New Brunswick Geographical Information Corporation (NBGIC) plan which was submitted as schedule "B". The Malik property is more particularly described in the schedule "A" which was submitted and was attached to the deed from Khalid Mahmood Malik to Roohi Najam Malik that is dated September 14, 1992, and was registered in the Saint John County Registry Office on September 21, 1992, in book 1602 as number 381258 at pages 393-398. The PLANET parcel information report which was submitted as schedule "c" also showed Roohi Najam Malik to be the owner of the Malik property. The PLANET property assessment information report which was submitted as schedule "D" shows Roohi Najam Malik as the assessed owner of the Malik property. A mortgage between Gene D. Wong et ux, as mortgagors, and Canadian Imperial Bank of Commerce, as mortgagee, is dated May 1, 1964, and was registered in the Saint John County Registry Office on July 2, 1964, in book 512 as number 197419 at pages 731 and following. There is no indication that the mortgage was subsequently discharged. The three storey masonry building (herein called "the Malik building") shown on the submitted schedule "E" is located on the Malik property; AND WHEREAS the Malik property is located in an area mentioned in the by-law entitled "A By-law Respecting Dangerous Or Unsightly Premises Within The City of Saint John"; AND WHEREAS, contrary to the By-law, the Malik building is in a dangerous and unsightly condition as a result of deterioration or dilapidation and fire damage; AND WHEREAS, after having considered (a) the submitted inspection report by David Crawford, Deputy Building Inspector, that is dated November 24, 2000, and (b) the report from the City Manager and others that is dated April 12, 2001, and (c) the submitted report from Thomas White, Divisional Chief, Saint John Fire Department, and (d) the submitted report from Brian Fillmore, Assistant Deputy Chief, Saint John Police Force, and (e) the oral report of Mr. William Edwards, P.Eng., who is the Building Inspector for The City of Saint John, we find that the Malik building is deteriorated or dilapidated so as to be in a dangerous and unsightly condition: BE IT RESOLVED that Roohi Najam Malik is hereby required to, within 15 days after a notice from the Building Inspector is served on her in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition by either demolishing the Malik building and removing all of the debris and other unsightly items from the Malik property or by carrying out the following work: (1) secure (with materials that present a uniform appearance) the building against entry by children or other trespassers, and 88-463 COMMON COUNCIL APRIL 17, 2001 (2) remove any debris from the floor, and (3) obtain any necessary building permit and restore the building to such a condition that it is no longer dangerous and unsightly. The restoration work shall include: (a) repair or secure the floors, and (b) replace the glass in the windows, or remove the broken glass from the windows and cover them with materials that present a uniform appearance, and (c) remove or repair the steel support framework on the front wall, and (d) repair or replace any loose roof flashing, and (e) repair any damaged masonry walls, and (f) repair the roof structure: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Roohi Najam Malik, in accordance with section 190(4) of the Municipalities Act, a notice that requires Roohi Najam Malik to, within 15 days of being served, remedy the dangerous and unsightly condition of the Malik building and the Malik property by either demolishing the Malik building removing all of the debris and other unsightly items from the Malik property or by carrying out the aforesaid work: BE IT FURTHER RESOLVED that in the event that Roohi Najam Malik does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order that would (a) require Roohi Najam Malik to, within 15 days or such other time as the Court may consider appropriate, remedy the dangerous and unsightly condition of the Malik building by either demolishing it and removing the debris from the Malik property or by carrying out the aforesaid work; and would (b) authorize The City of Saint John to cause the Malik building to be demolished and the debris removed at the expense of Roohi Najam Malik in the event that Roohi Najam Malik does not comply with the Order. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk