2001-09-04_Minutes
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SEPTEMBER 4, 2001
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Tuesday, the fourth day of September, A.D. 2001, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor White and Councillors Ball, Chase, Court,
Fitzgerald, Fitzpatrick, Teed and Titus
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A.
Beckett, Commissioner of Finance and Commissioner of
Corporate 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; G. Tait, Fire Chief; A.
Bodechon, Deputy Chief of Police; and Mrs. M. Munford,
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 Ball
Seconded by Deputy Mayor White
RESOLVED that minutes of the meeting
of Common Council, held on August 20, 2001, be approved.
Question being taken, the motion was carried.
3. Zoning By-law Amendment To
Re-Zone 2074 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 2074
Ocean Westway (NBGIC Number 00287474), having an area of approximately 1.45
hectares (3.58 acres), from "RF" Rural to "B-2" General Business classification, to place
the subject area into a commercial zoning that would accommodate the expansion of an
existing automobile sales and related business at 2086 Ocean Westway, as well as to
allow for the establishment of an new garden centre at 2074 Ocean Westway, as
requested by Allan A. Williams and 052500 N.B. Ltd., and no written objections were
received in this regard.
3{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and letters considered at the
Committee's August 28, 2001 meeting at which Richard Turner of Hughes Surveys and
Consultants Limited appeared in general support of the staff recommendation, however,
he did request that a period one (1) year be allowed in order to undertake the required
improvements on the subject areas instead of the recommended six-month period, and
Mr. Turner also described the rezoning and subdivision proposal fully, and made
mention of the existing automobile business at 2086 Ocean Westway and the intention
of the property owner to relocate vehicles at the rear of the proposed enlarged property
(lot 01-02); three presentations were made by surrounding property owners, and after a
lengthy discussion, which also involved the participation of the landowner, Alan Williams,
the Committee resolved to adopt the staff recommendation, with the requested
amendment to the one-year period mentioned above, and the Committee also reaffirmed
its original condition of July 7, 1994 requiring the lawn area in front of the dwelling be
reinstated and protected with concrete curbing, since a portion of this former lawn area
had been paved with asphalt; and recommending that Common Council re-zone a
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portion of land located at 2074 Ocean Westway, having an area of approximately 1.45
hectares (3.58 acres), also identified as being the front portion of NBGIC Number
00287474, from "RF" Rural to "B-2" General Business classification, subject to a
resolution pursuant to Section 39 of the Community Planning Act imposing the following
conditions: (a) that the following areas illustrated on the submitted photo-reduced
tentative subdivision plan be limited to the following uses: (i) Parcel "A" only be used in
conjunction with the existing automobile sales and service business at 2086 Ocean
Westway; and (ii) the rear portion of proposed Lot 01-01 only be used as an expansion
to the proposed garden centre to be established on the front of this new lot; and (b) that
the above-mentioned areas and the rear portion of the future access be developed and
maintained in accordance with a detailed site plan approved by the Development Officer,
which among other things would require the paving of any commercial driveway within
the future access, and that such improvements be completed within one (1) year from
the commencement of the commercial use of the subject areas.
The following persons appeared in opposition to the proposed re-zoning:
Johannes Cunningham, 2077 Ocean Westway, expressed the view that the area should
remain residential, and stated that while he feels Mr. Williams' business does need
room to grow, he is opposed to having a 66-foot right of way across from his home due
to increased traffic including possibly heavy equipment; requested to be advised of the
specific plans for the property; and circulated a photograph of the property taken from
the front of his residence, showing the area presently used for the parking of vehicles;
Glen Dow, 2085 Ocean Westway, stated he lives directly across from the subject
property and questioned whether such a large business as being proposed should be
located on Ocean Westway in a residential area; and also expressed his objection to the
present hours during which trucks are permitted to haul gravel in the City; Leslie Rice,
2075 Ocean Westway, expressed her concern with possible increased traffic in the area,
which has no sidewalks, and also whether transport trucks will be hauling to the new
business; and Earl Rice, 2075 Ocean Westway, expressed his belief that a condition of
the previous re-zoning of this property was that all vehicles had to be parked to the rear
of the building, and referencing the proposed 66-foot right of way to access the
remainder of the property, stated that Mr. Williams advised the Planning Advisory
Committee that he has no plans for this property and may possible sell it, and therefore
the residents would be again required to object to any possible development of these
lands.
During discussion with the above residents, Councillor Court asked that
staff investigate transport trucks going through this residential area on Ocean Westway
rather than using the Throughway.
Richard Turner of Hughes Surveys & Consultants Ltd. appeared in
support of the proposed re-zoning on behalf of Allan A. Williams, owner of the property,
noted that if the re-zoning is approved, a detailed site plan must be approved by the
Development Officer, and confirmed the request made to the Planning Advisory
Committee that a period of one year be allowed in order to undertake the required
improvements instead of the six-month period recommended by Planning staff. Mr.
Turner stated that the existing car dealership is in an appropriate zone and the rear area
to be re-zoned is to expand the operation due to its success, noting that Mr. Williams is a
resident of the area and resides onsite; advised that the garden centre is proposed for
the second site on the opposite side of the 66-foot right-of-way, and the property is
presently zoned for that type of use; that Mr. Williams is prepared to make obligations to
staff in regard to hours for the placing of fill on the property; referenced the present "B-2"
Business zoning of a large portion of Ocean Westway from just beyond the subject
property to near Birchwood Place, and that the area is a mix of residential and business
uses; advised that the conditions of use previously approved for the property allowed the
parking of vehicles with restrictions as imposed by the Planning Advisory Committee;
there is one area that had been gravel which was to have been landscaped, and there
was a question as to whether more of the area (not the subject of the present
application) had been paved than was permitted, and if an adjustment is required, Mr.
Williams is certainly prepared to look at it; and expressed agreement with the Planning
Advisory Committee recommendation.
Mr. Williams advised that he has no present plans for development of the
30 acres to the rear of his property, and that the access is being proposed at this time as
it would be required regardless of what he does with the property in the future; and that
while he initially only required a small property for his business, he was unable to
purchase just a 2-acre property in the area, which is why he has now has such a large
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SEPTEMBER 4, 2001
property; confirmed that he wishes to expand his late-model used car and car repair
business and stated that the 60-foot restriction on each side of the water pipeline would
serve as a buffer zone to any future use of the 30 acre site to the rear of his present
businesses, and that his hours of operation are 7 a.m. to 5 p.m., six days a week, and, in
response to queries, stated he would not be opposed to a restriction on the number of
vehicles which could be displayed for sale at anyone time, provided he would have the
option of having such number increased should the need arise in the future, and that he
has no definitive plans for a garden centre at the present time.
Mr. Baird advised that any terms and conditions imposed by Council need
to deal with the portion of the property which is the subject of the proposed re-zoning,
being the rear portion of the property, noting that some of the concerns raised at this
meeting deal with the conditions imposed by the Planning Advisory Committee on the
present automobile sales and service business.
On motion of Councillor Ball
Seconded by Deputy Mayor 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
land located at 2074 Ocean Westway, having an area of approximately 1.45 hectares
(3.58 acres), also identified as being the front portion of NBGIC Number 00287474, from
"RF" Rural to "B-2" General Business classification, pursuant to Section 39 of the
Community Planning Act as recommended by the Planning Advisory Committee, be
read a first time:
AND FURTHER that, prior to third reading, Planning staff meet with the
applicant and residents to address concerns expressed by the residents at this 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 Deputy Mayor 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
land located at 2074 Ocean Westway, having an area of approximately 1.45 hectares
(3.58 acres), also identified as being the front portion of NBGIC Number 00287474, from
"RF" Rural to "B-2" General 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 Fitzpatrick
Seconded by Deputy Mayor White
RESOLVED that the correspondence in
the above regard be received and filed.
Question being taken, the motion was carried.
On motion of Deputy Mayor White
Seconded by Councillor Ball
RESOLVED that the letter from the Havelock
Elementary Home & School Association Playground Committee, under item 32 on the
agenda of this meeting, be brought forward for consideration at this time.
(Councillor Fitzgerald withdrew from the meeting.)
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Question being taken, the motion was carried.
32. Havelock Elementary Home & School
Association - FundinQ For PlaVQround
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor White
RESOLVED that the letter from the
Havelock Elementary Home & School Association Playground Committee, outlining its
proposal for a playground project at an estimated cost for Phase One of $26,239.75 and
$48,814.20 for Phase Two, for a total cost of $75,053.95, and submitting information on
its fund-raising efforts to date and the type of playground equipment proposed, and
requesting funding from the Land for Public Purposes Trust Fund, be referred to the City
Manager.
The Mayor noted that, pursuant to the policy adopted at the last Council
meeting, applications for Land for Public Purposes funding will not be considered until
October.
Question being taken, the motion was carried.
(Councillor Fitzgerald re-entered the meeting.)
4. Saint John Waterfront Development Partnership
Messrs. William 1. Grant, Chairman of the Saint John Development
Corporation, and John D. Wallace, President, and Neil Jacobsen, General Manager, of
the Saint John Waterfront Development Partnership, were present at the meeting with
respect to the report previously submitted on behalf of the Executive and Board of
Directors of Saint John Development Corporation with respect to the priorities, activities
and progress to date of the Saint John Waterfront Development Partnership, including
the Partnership's Year 2001 Plan (as previously approved by the Board of Directors of
Saint John Development Corporation) and draft Guiding Principles for Waterfront
Development in Saint John (as previously approved by the Board of Directors of Saint
John Development Corporation), and noting that, as per the terms and conditions of the
Saint John Waterfront Development Funding Agreement, the draft Guiding Principles for
Waterfront Development require approval from Common Council.
Through a computer-aided presentation, Messrs. Grant, Wallace and
Jacobsen reviewed the above report and outlined the role and progress of the
Partnership as agents of Common Council and the Saint John Development
Corporation, and its mandate, as approved by the Development Corporation on
November 24, 2000; Guiding Principles for Waterfront Development, for which Council's
approval is being requested, as follows: public access to our waterfront; significant,
sustainable and balanced development; effective public-private sector partnerships;
sensitivity to the historic character of Saint John; broad-based community appeal;
support a strong working port; encourage economic growth and diversification; promote
arts and cultural activities; encourage interpretation and education activities; meaningful,
open and consultative community participation; long-term planning; an environmentally
sustainable waterfront; and enhance the quality of life for residents of Greater Saint
John; advised of the various Partnership working groups, for which terms of reference
have been established, and affiliated working groups or committees; and noted the
present plans and initiatives of the Partnership, including continuing to implement the
Year 2001 business plan, examining existing North American waterfront development
models, case studies and funding mechanisms, managing and coordinating the efforts of
the Waterfront Partnership working groups, generating awareness and support for
waterfront development within the Provincial and Federal Governments, beginning the
process of developing a 1 O-year inner harbour vision by prioritizing possible waterfront
development initiatives, launching a complete inner harbour master planning process,
Coast Guard site, presenting waterfront development recommendations to Common
Council on an ongoing basis, moving forward with planning efforts on individual
waterfront initiatives, being prepared and being opportunistic, identifying potential
funding sources for City approved waterfront development priorities, pursuing short-term
victories while creating a long-term and sustainable vision, and creating opportunities
and environment that will attract and encourage people to visit, live and work in our
downtown core.
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(Councillor Titus entered the meeting during the above presentation.)
Mr. Wallace presented to the Mayor a plaque depicting the signatures of
the Waterfront Development funding partners, and expressed appreciation for the City's
support.
The Mayor expressed appreciation for the time and effort expended by
the Partnership representatives, noting that waterfront development has been the
number one priority of Council for a long time.
Councillor Ball proposed a motion that Council approve the Guiding
Principles for Waterfront Development, whereupon Councillor Teed, on a point of order,
cited the requirement in Council's Procedural By-law that finalization of matters
presented by a delegation shall not be dealt with until after all items on the agenda have
been dealt with.
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that the above matter be laid on
the table for one week.
Question being taken, the motion was carried with Councillor Titus voting
"nay".
On motion of Councillor Court
Seconded by Councillor Titus
RESOLVED that the 2000 Annual Report of
the Saint John Parking Commission, under item 23 on the agenda of this meeting, be
brought forward for consideration at this time.
Question being taken, the motion was carried.
23. Saint John Parking Commission
2000 Annual Report
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that representatives of the
Saint John Parking Commission be permitted to address Council.
Question being taken, the motion was carried.
Mike Brown, Chairman, and Richard Smith, Executive Director, of the
Saint John Parking Commission, were present at the meeting with regard to the
Commission's previously submitted 2000 Annual Report, and Mr. Brown thanked the
Mayor and Council and the members of City staff for their cooperation and support; and
offered to respond to questions in this regard.
During discussion, Mr. Smith advised that the Commission will be having
discussions with representatives of St. Joseph's Hospital regarding parking problems in
that area, and that the Commission will be before Council in October regarding the
South End parking study. The Mayor expressed appreciation for the work done by the
members of the Saint John Parking Commission and its staff; and advised that Council
would consider the 2000 Annual Report later in the meeting.
(Councillor Fitzpatrick withdrew from the meeting.)
5. Mavor's Remarks
Mayor McAlary proclaimed September 4 as University of New Brunswick-
Saint John Day, citing the advantages of having the university in our City; and
September 9 to 16 as Terry Fox Week in the City of Saint John, and encouraged
residents to participate in the Terry Fox Run on Sunday, September 16.
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6. (a) Crosswalk On Somerset Street
(b) St. Pius X Roman Catholic Church Re Crosswalk
Consideration was given to (a) a letter from Mayor McAlary advising that
Father McNeill and the parishioners of St. Pius Church have had concerns about the
safety of crossing Somerset Street at St. Pius Church for years, and suggesting that a
crosswalk push button light system be installed for pedestrians at this location; and (b) a
letter from Rev. Douglas R. McNeill, Pastor of St. Pius X Roman Catholic Church,
requesting a self-activated traffic light at this location to allow, not only their parishioners,
but the citizens of the City, to cross this street safely; noting that the Millidgeville area
continues to grow thereby increasing the traffic flow between the City proper and
Millidgeville, and also asking that the City engineers look at the possibility of re-Iocating
the crosswalk from the brow of the hill to directly across from the entrance of the Church.
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that the above matter be
referred to the City Manager for a report and recommendation.
Question being taken, the motion was carried.
7. AQreement For Gift of Centennial Clock
Consideration was given to a letter from Mayor McAlary regarding the gift
received by the City from Mr. Gregory Walsh earlier this month of a decorative clock
created by well-known Saint John wood carver John Rogerson in 1883, being the 1 Oath
anniversary of the establishment of the City, which clock is now located in the Red Room
on the 8th floor of City Hall; submitting an agreement between Mr. Walsh, the donor, the
Greater Saint John Community Foundation (which received a gift of $25,000 from Mr.
Walsh in order to ensure that funds are available to repair and maintain the clock), and
the City, which agreement has been reviewed by the City Solicitor, and recommending
that Council approve the submitted document for the proper signatures and that a letter
and copy be forwarded to Mr. Walsh and the Foundation.
(Councillor Fitzpatrick re-entered the meeting.)
Councillor Teed stated that there are some legal provisions in the
agreement, which may have been inadvertently included or overlooked, which could
affect the liability of the City, and he feels they should be reviewed with the City Solicitor.
On motion of Councillor Teed
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
referred for discussion in Legal Session.
Question being taken, the motion was carried.
8. Re Donated Carved Clock
On motion of Councillor Teed
Seconded by Councillor Titus
RESOLVED that the letter from Councillor
Teed, which was tabled at the last meeting, proposing a motion to formally accept the
gift by Gregory Walsh to the City of Saint John of a heritage John Rogerson clock, as
well as its present location in the reception room on the 8th floor as an appropriate
location, be laid on the table.
Question being taken, the tabling motion was carried.
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9. ConQratulations - Saint John Alpines Senior Baseball Team
On motion of Councillor Fitzgerald
Seconded by Councillor Titus
RESOLVED that Common Council forward a
letter of congratulations to the Saint John Alpines Senior Baseball Team, and in
particular, Coach Mike Skidd and General Manager Terre Hunter, on winning the 2001
Canadian National Men's Championship, held recently in Kentville, Nova Scotia.
Councillor Fitzgerald extended greetings from the Mayor of the City of
London, Ontario, who he visited while attending the 2001 Canada Summer Games.
Question being taken, the motion was carried.
10. Appearance Of Vacant BuildinQs In Uptown Area
Consideration was given to a letter from Deputy Mayor White advising
that it is noticeable that there are a number of empty store fronts in the uptown area, a
number being very unattractive looking and create an eyesore either by the interior that
can be seen through unobstructed windows, or by their outward appearance; noting that
these buildings are in an area that is heavily travelled by not only local individuals, but
also tourists visiting our City; and that through active participation in the Communities in
Bloom program members of the community have been encouraged to spruce up their
properties and he believes it is important for the owners of these vacant properties to do
their part in making our community an attractive one, and proposing a motion to request
Uptown Saint John to pursue this initiative.
On motion of Deputy Mayor White
Seconded by Councillor Teed
RESOLVED that Uptown Saint John Inc. be
requested to pursue the unattractive appearance of vacant buildings in the uptown area
with the owners and/or agents of these properties, and work with them to address this
problem, and to report back to Council as to the progress they have with this initiative.
Question being taken, the motion was carried.
~ New SiQnaQe
Consideration was given to a letter from Councillor Fitzpatrick advising
that he would like the opportunity to have a discussion with Council on the issue of the
new signage that has been in the news recently.
Councillor Fitzpatrick stated that, in light of recent news articles and
telephone calls he has received regarding the new signs at Lily Lake and Rockwood
Park, he would like staff to update Council in this regard.
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor White
RESOLVED that the above matter be
referred to the City Manager for a report to Council as soon as possible on the recent
signs and any future signs or marketing ideas the Community Services Department is
presently working on.
During discussion, Councillor Teed suggested that the matter should also
be referred to the Rockwood Park Advisory Board, which was not consulted in this
regard, and the Mayor noted that the Recreation and Parks Advisory Board was also not
consulted. Councillor Titus took exception to Council discussing the signs as they have
already been paid for and installed.
Question being taken, the motion was carried with Councillor Titus voting
"nay".
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1b Rescue Bv Owner Of ReversinQ Falls Jet Boat Rides
Consideration was given to a letter from Councillor Teed proposing that
the City extend appreciation to Andre Faust, owner of the Reversing Falls Jet Boat
Rides, for his general good deed in performing a dramatic rescue on August 26 involving
rescuing a young lad off a rock at the Reversing Falls, and such be recorded in the
Council minutes.
On motion of Councillor Teed
Seconded by Councillor Titus
RESOLVED that Common Council extend
appreciation to Andre Faust, owner of the Reversing Falls Jet Boat Rides, for his general
good deed in performing a dramatic rescue on August 26, 2001 at the Reversing Falls,
and that such be recorded in the Council minutes.
Question being taken, the motion was carried.
13. Tender For Sand. Gravel & AQQreQate
On motion of Councillor Ball
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, the tender for the establishment of a supply agreement for the
provision of sand, gravel and aggregate for a period of 12 months from the date of
acceptance by Common Council, be awarded to the lowest tenderer in each case, as
indicated in the submitted summary of bids.
Question being taken, the motion was carried.
14. Development Of PlaVQround - Hazen White-St. Francis School
On motion of Councillor Fitzgerald
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, Common Council (1) support the development of the Hazen White-St Francis
School playground, as proposed to Council in a letter dated July 30, 2001 from the
Hazen White-St. Francis School Playground Fundraising Committee; (2) approve the
expenditure of up to $18,396.78 from the Land for Public Purposes Trust Fund in
support of this playground development; and (3) such funding is contingent upon the
equipment supplier providing confirmation satisfactory to the Commissioner of
Community Services that the equipment supplied and installed fully meets CSA
standards.
Question being taken, the motion was carried.
15. ConsultinQ EnQineerinQ Services - Transportation Issues
Consideration was given to a report from the City Manager regarding the
hiring of consulting engineering services for follow-up on the 1999 Transportation Study
which identified upgrades necessary to improve safety and traffic flows across Saint
John's transportation network and central to those recommendations were the issues of
East Saint John access to and from the Throughway, trucking routes and trucking
conflicts with residential neighbourhoods and the uptown/waterfront area; and it is quite
apparent, after recent consultation with the N.B. Department of Transportation and the
Saint John business sector, that there is a need to clarify questions of Throughway
access for East Saint John; noting that the major recommendation of the Study was to
construct One-Mile House Interchange to provide direct access on the east side of
Courtenay Bay to the Throughway, in both directions to and from Bayside Drive and
Rothesay Avenue, and given the magnitude of this project and its estimated cost of $25
million, the City, in conjunction with the Department of Transportation and in consultation
with the Saint John business-industrial sector, should have a further evaluation of
options and costs undertaken; that consultants would be asked to carry out a further
evaluation of options for eastern access to and from the Throughway, prepare a
preliminary engineering report to identify more thoroughly the One-Mile House
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Interchange proposals, and conduct an evaluation of truck traffic across the City;
advising that the lead Transportation Study consultants, generally recognized as leaders
in the field, have since joined a new firm, ADI Limited, and proposing that the services of
a team of consultants, led by ADI Limited, be hired to undertake the required work;
submitting a copy of ADI's proposal in response to the City's request, and advising that,
given the proposed consultants' expertise in the field, their Transportation Study
background, and the need to proceed as expeditiously as possible with the work in
question, staff are advising against a formal call for proposal process; advising that the
total project cost will be $64,820 of which $4,420 is for expenses, and it is understood
that the Department of Transportation is prepared to cost share the project, and although
this work has not been budgeted for 2001, there is a degree of urgency in clarifying the
position of this community relative to the priorities of the Department of Transportation,
in particular that of East Saint John access to the Throughway, which is important for
truck traffic to and from the eastern industrial areas, as well as waterfront development,
as congestion, trucking conflicts and accessibility problems across much of the
transportation network are a direct result of inadequate eastern Throughway access.
On motion of Councillor Ball
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, Common Council accept the proposal of ADI Limited for Consulting
Engineering Services - Throughway Access (East Saint John) and Truck Traffic, at a
total project cost of $64,820 plus applicable HST, subject to cost sharing by the Province
of New Brunswick.
The Mayor noted the option not being considered is in the area of
Strescon and stated that if considering this as a sixth option would result in an increased
cost, Council should be advised as the Minister of Transportation is willing to cost-share
in having this further study undertaken. Councillor Chase stated that while he realizes
the problems with truck traffic in the City, he feels the various stakeholders are offering
their suggestions to the Provincial Minister as to what should be done, although it is
quite clear from the Transportation Study that the feasible option is the One-Mile
Interchange, and that further study would be an unnecessary expenditure of public funds
and he is also opposed to awarding this proposal outside of the normal tendering
process.
Question being taken, the motion was carried with Councillors Chase and
Fitzgerald voting "nay".
16. Truck Traffic From Ferrv Terminal
Consideration was given to a report from the City Manager advising that
in the summer of 1999, Gary Webb, a resident of the Lower West Side, brought forward
a truck routing proposal from area residents who expressed concern about the high
number of transport trucks navigating streets in their community and the potential for a
pedestrian/truck accident, whereby, instead of following a circuitous route through this
residential area, trucks could travel directly to and from the ferry terminal using Union
Street West, which would provide for more direct access for trucks (only) to highway
connections; noting that, unfortunately, Union Street West is not a municipal street but a
roadway contained on Saint John Port Authority property, and Port Authority staff have
various concerns with the proposal, including access control to Port to traffic other than
trucks, liability, and loss of future development potential for the Port; and that City staff
believe the proposal has merit and that efforts to find a resolution should continue.
On motion of Councillor Ball
Seconded by Deputy Mayor White
RESOLVED that the above matter be
referred to the City's representative on the Saint John Port Authority, for consideration by
the Authority and advice back to Council.
Question being taken, the motion was carried.
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17. Tender For Contract 2001-6
KinQ Street Sidewalk Improvements
Consideration was given to a report from the City Manager, further to his
recommendation for the award of the tender for Contract 2001-6, King Street sidewalk
improvements, which was tabled at Council's meeting on August 20 for additional
information regarding the costs of the project and alternatives, noting that various
approaches to improving the deteriorating condition of the bricks and sidewalks on King
Street were examined and a tender was issued reflecting a combination of traditional
concrete sidewalk and tightly-packed brick, similar to the sidewalk on Canterbury Street
that was identified as being preferable by Uptown Saint John; advising that the current
combination of exposed aggregate and bricks has proven to be impractical and is costly
from a maintenance point of view; that an alternative that was investigated was the use
of a patterned concrete product (stamped concrete) which would involve continuing
maintenance with application of an acrylic sealer every two years; that the tightly-packed
brick approach has been installed in a few locations uptown and has performed well and
has aesthetic appeal; advising that the contractor was contacted and asked to provide a
revised quotation for the use of stamped concrete instead of tight-packed brick and also
estimated was the cost of an entirely concrete option, from front of building to back of
curb, the said costs being (1) variable width concrete with tight-packed brick
$226,927.80; (2) variable width concrete with stamped concrete $201,879.00; and (3) full
width concrete sidewalk $162,814.80; and recommending that the tender be awarded to
Nautilus Construction & Rentals Ltd., as originally tendered, at their tender price of
$226,927.80 as based upon estimated quantities, and further that the Mayor and
Common Clerk be authorized to execute the necessary contract documents.
On motion of Councillor Fitzpatrick
Seconded by Councillor Chase
RESOLVED that with regard to the
recommendation of the City Manager that Contract 2001-6, King Street brick
replacement, be awarded to Nautilus Construction & Rentals Ltd., as originally tendered,
at a tender price of $226,927.80 as based upon estimated quantities, the contract be
awarded to Nautilus Construction & Rentals Ltd., at a cost of $201,879.00 for variable
width concrete with stamped concrete, and that the Mayor and Common Clerk be
authorized to execute the necessary contract documents. (Rescinded September 10,
2001 Bk 88 pg. 658 )
Councillor Titus stated he would be satisfied with having a total width
concrete sidewalk on King Street, particularly considering the cost savings for this
option.
Question being taken, the motion was carried with Councillors Teed and
Titus voting "nay".
18. Re Sister City Relationships
On motion of Councillor Titus
Seconded by Deputy Mayor White
RESOLVED that the report from the City
Manager on the social and economic benefits of establishing sister city relationships,
with particular reference to the City's sister city relationships with Shantou, Peoples
Republic of China, and Bangor, Maine, be received and filed.
Question being taken, the motion was carried.
* Added Item
On motion of Councillor Ball
Seconded by Deputy Mayor White
RESOLVED that a Committee of the
Whole recommendation with regard to the sale of a portion of former Wellington Street,
under item 42 on the agenda, be added to the agenda of this meeting for consideration
as item 18A.
Question being taken, the motion was carried.
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SEPTEMBER 4, 2001
*18A. Re Sale Of Portion Of Former WellinQton Street
On motion of Councillor Ball
Seconded by Councillor Fitzgerald
RESOLVED that as recommended by
the City Manager regarding the sale to Haldor (1972) Ltd. of a portion of the former
Wellington Street, as approved by Common Council on September 11, 2000 and
amended on December 4,2000, the said lands not be transferred until Haldor (1972)
Ltd. satisfies all requirements of the Flood Risk By-Law; provides to the Development
Officer a detailed development plan showing the locations of all drainage devices, curbs,
landscaping and paved areas; pays to the City the full costs of providing the temporary
water services and subsequent new water services to the residences affected by a water
line broken by the Company, and indemnifies the City for any claims that may arise as a
result of their unauthorized activity on the lands.
Question being taken, the motion was carried.
19. Little River Estates Proposed Subdivision
- Phase 1 - 2550 Loch Lomond Road
Consideration was given to a report from the City Solicitor regarding a
Planning Advisory Committee recommendation with respect to Phase 1 of the Little
River Estates proposed subdivision at 2550 Loch Lomond Road, which was considered
by Common Council at its meeting of August 20, 2001, that Common Council rescind its
condition of August 8, 1988 requiring the subdivision development to be connected to
the City water system, and now allow all lots to be serviced by drilled wells on the
following conditions: (a) all drilled wells on any lot proposed on the subject property must
be constructed and maintained at all times in a manner acceptable to the NB
Department of Environment and Local Government as set out in Appendix A; and (b) a
notation must be clearly placed on all subdivision plans relating to this subdivision
development indicating the mentioned requirement in clause (a) above for the benefit of
future lot purchasers, advising it is his opinion that Council's having imposed a
requirement that any subdivision of the land in question be connected to the City water
system must reasonably be understood as having been an exercise of the authority
conferred by s. 39(1) of the Community Planning Act, otherwise the condition would be
without authority and a nullity, and if Council wishes to consider amending the existing
condition upon the subdivision and development of the lands in question, the procedure
stipulated in s. 39 of the said Act should be carried; and, regarding the potential of
significant liability for the City respecting the condition that the wells "...be constructed
and maintained at all times in a manner acceptable to the NB Department of
Environment and Local Government...", advising that the Planning Advisory Committee
recommendation respecting the construction and maintenance of drilled wells on the
property could operate to impose unacceptable liability upon the City and if that
recommendation were adopted it could be argued that it was the City's responsibility to
ensure that those conditions were met; that since the consequences of failing to satisfy
the construction and maintenance conditions could be serious, the level of scrutiny
required of the wells would be high, and the City should not accept that responsibility
without a clear appreciation of the significance of doing so, and if Council resolves to
pursue this matter by way of public hearing as previously described, and if Council were
at that time to believe it advisable to impose a condition respecting the quality and
quantity of well water, then he would suggest that the obligation for monitoring and
inspection be squarely placed upon the developer, and that language such as the
following would be satisfactory: "No subdivision plan of the area is to be submitted to the
Development Officer by or on behalf of the Developer until the Developer has delivered
to the Development Officer written confirmation from the Provincial Department of
Environment and Local Government that the latter is satisfied as to the quality and
quantity of potable water available by drilled well to each of the proposed lots.".
On motion of Councillor Titus
Seconded by Deputy Mayor White
RESOLVED that, pursuant to section 39
of the Community Planning Act, the proposal to permit development of the Little River
Estates subdivision with on-site wells be referred to the Planning Advisory Committee for
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SEPTEMBER 4, 2001
a report and recommendation and that the necessary advertising be authorized in this
regard, with the public hearing to be held on Monday, October 15, 2001 at 7:00 o'clock
p.m.
Question being taken, the motion was carried.
20. 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, August 20, 2001, when
there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase,
Desmond, Fitzgerald, Fitzpatrick, Teed and Titus, and your Committee submits the
following recommendations, namely:
1. That as recommended by the City Manager, Furncan Marine be given
notice to vacate the leased premises at 220 Water Street by 11 :59 p.m. on December
31, 2001, and further that 220 Water Street be leased to the Saint John Parking
Commission beginning January 1,2002 under the following terms and conditions: (1) 3-
year term commencing January 1,2002 and expiring December 31,2004; (2) monthly
rent of $550 + HST payable on the 1 st day of each month; (3) the Saint John Parking
Commission to pay the portion of annual real estate taxes attributable to this site
(approximately $1,600 per annum); (4) the Saint John Parking Commission must
upgrade the facility with approximately $25,000 in capital improvements, primarily
exterior aesthetics (i.e. windows, doors and landscaping) and must be completed by
December 31, 2002; (5) the Saint John Parking Commission must maintain liability
insurance in the amount of $2 million with the City of Saint John as a named insured; (6)
the City may terminate the lease with 60 days written notice; and (7) in the event the
lease is terminated prior to December 31,2004, the Saint John Parking Commission will
be reimbursed for the non-amortized portion of said improvements, and the Mayor and
Common Clerk be authorized to execute the necessary documents.
2. That as recommended by the City Manager, the City of Saint John
purchase the fee simple interest in a 50 acre :t portion of PI D 55029441, located on the
Upper Golden Grove Road, as generally shown on the submitted plan, from Elizabeth
McGuire for $500 per acre (plus HST, if applicable).
3. That as recommended by the City Manager, the City of Saint John
subdivide: (1) 35 Adelaide Street, as generally shown on the submitted plan; and (2) the
land between Osborne Avenue and Barker Street and just north of Barker Street, as
generally shown on the submitted plan, and the Common Clerk be authorized to sign the
plans.
Tuesday, September 4, 2001,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
20.1. Lease. 200 Water Street
On motion of Councillor Ball
Seconded by Deputy Mayor White
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
20.2. Acquisition Of Land In East Watershed
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COMMON COUNCIL
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On motion of Councillor Titus
Seconded by Councillor Ball
RESOLVED that section 2 of the above report
be adopted.
Question being taken, the motion was carried.
(Councillor Court withdrew from the meeting.)
20.3. Subdivision/Consolidation Of City Land
On motion of Councillor Ball
Seconded by Deputy Mayor White
RESOLVED that section 3 of the above
report be adopted.
Question being taken, the motion was carried.
21. (a) Planning Advisory Committee Re Re-Zoning
Various Properties In Central Peninsula;
(b) ZoninQ Bv-Iaw Amendment
21{a)
Consideration was given to a report from the Planning Advisory
Committee, further to a recommendation from the Committee considered at the last
meeting for the re-zoning of various central peninsula properties, advising that the
recommendation in the Committee's August 16 letter did include all of the property
identification numbers for the properties in question, however, two of the civic numbers
and the words referencing an adjacent local common were missed, and to make the
resolution consistent with the advertisement, the Committee adopted the staff
recommendation that the Committee's recommendation include the two civic numbers
and the reference to the adjacent local common.
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee the proposed Zoning By-Law amendment to re-zone
various properties in the central peninsula, which was given first and second readings on
August 20, 2001, include the civic addresses 260-262 Princess Street and 90 City Road
and the reference to "the adjacent local common".
Question being taken, the motion was carried.
21{b)
On motion of Councillor Titus
Seconded by Deputy Mayor White
RESOLVED that the by-law entitled,
"By-law Number C.P. 100-575 A Law To Amend The Zoning By-law Of The City Of Saint
John", insofar as it concerns rezoning: (a) 149-161 Waterloo Street, 7-21 Castle Street
and 20-28 Golding Street (NBGIC Numbers 00013284,00013292,00013300,
00014456,00015990,00013318,00014480 and 00014472), from "RM-1" Three Storey
Multiple Residential to "RM-IF" Multiple Residentiallnfill classification; (b) 91-95 Orange
Street and 260-262 Princess Street (NBGIC Numbers 00007716,55062970,55062988,
55062954,00008433 and 55062962) from "RM-1" Three Storey Multiple Residential to
"RM-IF" Multiple Residentiallnfill classification; (c) Local Common to the rear of 106-120
Pitt Street (NBGIC Number 00000004), from "RM-1" Three Storey Multiple Residential to
"RM-IF" Multiple Residentiallnfill classification; (d) 149-153 Canterbury Street (NBGIC
Numbers 00005900,00005918 and 00005926), from "RM-1" Three Storey Multiple
Residential to "RM-IF" Multiple Residentiallnfill classification; (e) 88-126 St. James
Street, 214 Charlotte Street and 195 Sydney Street (NBGIC Numbers 00002402,
55025332,00001834,00001842, 00001859, 00001867, 00001875, 00001883,
55153118,55125421,00001891,00001909,00001917, 00002246 and 00002238), from
"RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill
classification; (f) 63 Broadview Avenue (NBGIC Numbers 00000240 and 55034490),
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COMMON COUNCIL
SEPTEMBER 4, 2001
from "RM-1" Three Storey Multiple Residential to "RM-IF" Multiple Residentiallnfill
classification; (g) 127 Carleton Street and 66 Sewell Street (NBGIC Numbers 00037580
and 00038489), from "RM-1" Three Storey Multiple Residential to "IL-2" Major
Institutional classification; (h) 27-45 Charles Street, 50-58 City Road, 66 Garden Street
and 90 City Road and the adjacent local common (NBGIC Numbers 00015271,
00015263,00015198,00016170,00016188,00015180 and portions of 00014746 and
00014787), from "RM-1" Three Storey Multiple Residential and "RM-IF" Multiple
Residentiallnfill to "B-2" General Business 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. 100-575 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.
22. Planning Advisory Committee - Assent To Subdivision
Re Public Utilitv Easement - 1171 Golden Grove Road
On motion of Deputy Mayor White
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted tentative
subdivision plan of 1171 Golden Grove Road and to any necessary public utility
easement over the said property.
Question being taken, the motion was carried.
23. Saint John Parking Commission
2000 Annual Report
On motion of Councillor Fitzgerald
Seconded by Councillor Teed
RESOLVED that the 2000 Annual Report of
the Saint John Parking Commission be received and filed.
Question being taken, the motion was carried
24. Saint John Development Corporation
Nominees re City's Year 2004 Celebrations
On motion of Councillor Fitzpatrick
Seconded by Councillor Fitzgerald
RESOLVED that the letter from the Saint
John Development Corporation recommending that Common Council give consideration
to the appointment of Stephen MacMackin and James Theriault as co-chairs for the City
of Saint John's Year 2004 celebrations, and advising that it looks forward to working with
Council to closely link the waterfront development initiative with the celebrations, be
referred to the Nominating Committee.
Councillor Teed questioned the terms of reference of the above
committee.
Question being taken, the motion was carried with Councillor Ball voting
"nay".
25. The Marco Polo Proiect - Harbour Cleanup
On motion of Deputy Mayor White
Seconded by Councillor Ball
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COMMON COUNCIL
SEPTEMBER 4, 2001
RESOLVED that the letter from Barry Ogden
of The Marco Polo Project expressing the view that, with the recent announcement of
Lunenburg receiving its needed money for harbour cleanup because it has been
designated a world heritage site, it is time Saint John looked at the same possibility, be
referred to the City Manager.
Question being taken, the motion was carried.
26. Vernon LanteiQne - Re-ZoninQ Of 44 Albert Street
On motion of Deputy Mayor White
Seconded by Councillor Ball
RESOLVED that the application of Vernon
Lanteigne for the re-zoning of property located at 44 Albert Street 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,
October 15,2001 at 7:00 o'clock p.m.
Question being taken, the motion was carried.
27. Organizing Committee For APPSA 2001
Donation Towards Conference Costs
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the letter from the Co-Chairs
of the APPSA UNBSJ Fundraising Committee advising that the Politics discipline
(Department of History and Politics) of the University of New Brunswick (Saint John) will
be hosting the annual meeting of the Atlantic Political Studies Association (APPSA) on
October 12-14,2001, and was hoping that the City of Saint John would be able to make
a donation towards the conference costs, be received and filed and a grant of $1,500 be
approved.
Question being taken, the motion was carried.
28. Chocolatv CravinQs - Obiection To Market Sublease
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor White
RESOLVED that the letter from
Jacqueline Aulenback of Chocolaty Cravings regarding the sublease of space in the City
Market and the expansion of product lines permitted to be sold by Pearl's Bakery (Hunter
Ventures), be referred to the City Manager for a report.
Question being taken, the motion was carried.
29. Re Cost Of Fence Repairs - 42 Cranston Avenue
On motion of Councillor Fitzpatrick
Seconded by Councillor Titus
RESOLVED that the letter from Marguerite
M. LeBlanc, 42 Cranston Avenue, submitting costs for repairs to a fence which she
advises was damaged by City workers last winter, be referred to the City Manager.
Question being taken, the motion was carried.
30. 2002 Lovalist City HeritaQe Festival
On motion of Councillor Teed
Seconded by Councillor Fitzgerald
RESOLVED that the letter from Edis
Flewwelling, Chairman of the Board, advising that the Board of Directors of the Loyalist
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COMMON COUNCIL
SEPTEMBER 4, 2001
City Heritage Festival has determined that in 2002 the Festival will be held from July 14
to July 21, inclusive, and that the Festival would be pleased to co-operate with the City
and its various departments to ensure the program will be a major draw for both citizens
and visitors alike and it is planned to keep Council informed as matters progress in the
development of the Festival program, be referred to the City Manager to have the
Tourism Department ensure appropriate recognition of the Festival in promotion
publications.
Question being taken, the motion was carried.
31. Percy E. Godsoe - Deer In MillidQeville Area
On motion of Councillor Chase
Seconded by Councillor Fitzpatrick
RESOLVED that with regard to the
letter from Percy E. Godsoe requesting an update as to action taken by the City
Manager on Common Council's resolution on May 22, 2001 to protect the properties of
the Millidgeville residents from the extensive damage being done by the deer that are
roaming the area, the matter be referred to the Provincial Department of Natural
Resources and the Department be asked to respond to Council in this regard.
33. Lowiack Enterprises Ltd. - City Market GarbaQe Removal
On motion of Deputy Mayor White
Seconded by Councillor Ball
RESOLVED that the letter from Lowjack
Enterprises Ltd., owner of the building located at 28 Germain Street, regarding problems
which have been experienced with the hours of garbage removal at the City Market by
Dominion Refuse Collectors, and submitting previous correspondence in this regard, be
referred to the City Manager.
The Mayor questioned why City forces could not be utilized for garbage
removal at the City Market. Councillor Teed questioned whether the street adjacent to
the Market building is still closed one day per year, as it is not a public street.
Question being taken, the motion was carried.
34. Saint John Youth Hockev Association - Harbour Station Ice Rental
On motion of Councillor Fitzpatrick
Seconded by Councillor Titus
RESOLVED that the letter from the Saint
John Youth Hockey Association, requesting that the City consider subsidizing the
Association for the utilization of Harbour Station during the 2001-2002 hockey season
due to closure of the Simonds Arena, be referred to the City Manager.
Question being taken, the motion was carried.
35. Request For FundinQ - Simonds HiQh School Field FencinQ
On motion of Councillor Fitzgerald
Seconded by Councillor Titus
RESOLVED that the letter from Gary
Keating, Principal, and Terry Langille, Vice-Principal, of Simonds High School,
requesting funding from the Land for Public Purposes Trust Fund for fencing of the
Simonds High School field, be referred to the City Manager.
Councillor Fitzpatrick expressed his objection to considering funding for
the above project.
Question being taken, the motion was carried with Councillors Ball and
Fitzpatrick voting "nay".
Adiournment
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COMMON COUNCIL
SEPTEMBER 4, 2001
The Mayor, in adjourning the meeting, noted that the next regular meeting
of Council in open session was scheduled for Monday, September 10, 2001 at 7:00
o'clock p.m.
Common Clerk