2002-03-04_Minutes
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MARCH 4, 2002
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the fourth day of March, A.D. 2002, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor White and Councillors Chase, Court, Desmond,
Fitzgerald, Teed, Titus and Trites
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; P.
Woods, Deputy City Manager; P. Groody, Commissioner of
Municipal Operations; W. Butler, Commissioner of Community
Services; W. Edwards, Commissioner of Buildings and Inspection
Services; S. Galbraith, Director of Works; R. Pollock, Planner; C.
Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and
Ms. C. Mosher, Assistant Common Clerk.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order, and Rev. James Fudge,
Chaplain for the Saint John Police Force, offered the opening prayer.
The Mayor proclaimed March 2002 as National Kidney Month in the City
of Saint John, and Paul Hill, Campaign Chairman, spoke to Council about the door-to-
door fundraising campaign to be carried out during the month.
2. Approval of Minutes
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that minutes of the meeting of
Common Council, held on February 18, 2002, be approved.
Question being taken, the motion was carried.
3(a) Municipal Plan (b) Zoning By-law
Amendments - 77 Golden Grove Road
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to redesignate on
Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately
1.4 hectares (3.5 acres), located at 77 Golden Grove Road (NBGIC Number 300111),
from Low Density Residential to Service Corridor classification, and (b) a proposed
Zoning By-law text amendment to add "special zones #8 SZ#8" to the list of zones in
Section 30(1) and its uses and standards as Section 740(8), and the proposed re-zoning
of the same parcel of land from "RS-2" One and Two Family Suburban Residential to
"SZ#8" Special Zone #8 classification, to permit the development of a combination of
retail/commercial buildings and self-storage warehousing, as requested by Norman
Ganong, and no written objections were received in this regard.
3{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
meeting of February 26, 2002 at which Norman Ganong spoke in favour of his proposal;
advising that the Committee decided to recommend that the proposed Municipal Plan
amendment and the re-zoning be approved, subject to Section 39 conditions dealing
with the use and development of the site; and recommending that Common Council (1)
redesignate on Schedule 2-A of the Municipal Development Plan, from Low Density
Residential to Service Corridor classification, a parcel of land with an area of
approximately 1.4 hectares (3.5 acres), located at 77 Golden Grove (NBGIC Number
300111), and (b) amend the City of Saint John Zoning By-law by adding "special zones
SZ#8" to the list of zones in Section 30(1) and adding its uses and zone standards as
Section 740(8) as set out herein; and (3) re-zone the parcel of land described in (1)
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above from "RS-2" One and Two Family Suburban Residential to "SZ#8" Special Zone
#8, subject to a resolution pursuant to Section 39 of the Community Planning Act setting
out the following conditions: (a) the use of the subject site is restricted to the applicant's
proposal to develop a combination of retail/commercial buildings and self-storage
warehousing, (b) the retail/commercial use of the site is limited to a maximum of
approximately 930 square meters (10,000 square feet) of commercial space, (c) the site
must be developed and maintained in accordance with an approved detailed site plan,
which would be prepared by the proponent and submitted to the Development Officer for
approval, illustrating the location of buildings, driveway access, parking area, exterior
lighting, and landscaping, and that this approved site plan be attached to the application
for the required building permit, (d) the driveway and parking area(s) for the commercial
component of the development, located at the front of the property, must be paved with
asphalt and enclosed with continuous concrete curbing, and site drainage must be in
accordance with a detailed plan approved by the Chief City Engineer, (e) landscaping
must be extended onto the street right-of-way to the existing curb, and (f) all public
utilities must be provided by underground conduits from existing facilities to any building.
Gerald Goguen of 69% Ashton Place appeared in opposition to the
proposed amendments and, having given three letters to the Mayor from people against
the proposal, advised that, having spoken to them, they agree with him that nothing
should be done with the subject property other than for what it was zoned, and noted
that this made the third time this property was before Council and he did not know what
more could be said. Mr. Goguen gave reasons why other people from the area could
not be present in this regard, and also advised that they wanted the community to stay
as it was, with the quality of life they have there, and noted the problem with water in the
area of Simpson Drive and the residential nature of the area. Mr. Goguen expressed the
view that all the reasons why Council rejected a proposal for this property before were
valid today, thus this proposal should be turned down; and clarified that, while flooding
had been a concern, everything has been done in that regard, and the main concern is
the residential quality of the neighbourhood.
Norman Ganong of 378 Westmorland Road, appearing in support of his
application, expressed the view that, although the same plan had basically been before
Council twice before, the first time there was a lack of preparation on his part and the
second time there was a misunderstanding by local residents as to what was planned to
be built, and suggested that several things have occurred in the last year to support
Council's decision to support this proposal as follows: (1) the Planning Advisory
Committee's unanimous vote in favour of it, (2) the adjacent property to the west has
been expanded by an overall height of approximately eleven feet and remodelled inside
to allow work on larger trucks and the appearance has improved over what it looked like
last year, and (3) two new commercial businesses have opened up inside the Exhibition
Park grounds, including an auto transmission shop and a body shop. Mr. Ganong
advised his disagreement with the Planning staff report with respect to (a) the indication
that this is a residential area with two exceptions - the garage to the west to which he
referred and a property to the east, as there are three separate properties to the east all
of which are zoned Light Industrial and his project could be built on any of these
properties by just purchasing a building permit and, since Exhibition Park has had
commercial business set up on its land, it must be assumed that that land is commercial
and, in fact, the land that surrounds the subject property on all three sides is commercial;
and (b) the indication that the proposal would significantly depart from the City's existing
policies for the area and would extend the service corridor, as this area has already
moved into it without his development going ahead. Mr. Ganong noted that the proposal
would meet the requirements of the Flood Control By-law, and offered to respond to
questions on the proposal.
Councillor Titus questioned the procedure on the basis of whether or not,
having received three letters at this meeting, Council could make a decision until there
was an opportunity to review and consider them; and Mr. Nugent expressed the view
that, if Council understood the nature of the letters based upon the objector's
presentation and wished to receive and consider them, it would certainly be appropriate
to do so, and suggested that Council proceed with and conclude the public hearing and
make the letters available and move subsequently on the requested amendments. Mr.
Ganong responded to questions on his proposal, as well as the height of the property
compared to the area around it.
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On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future
Land Use Plan, a parcel of land with an area of approximately 1.4 hectares (3.5 acres),
located at 77 Golden Grove Road (NBGIC Number 300111), from Low Density
Residential to Service Corridor classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future
Land Use Plan, a parcel of land with an area of approximately 1.4 hectares (3.5 acres),
located at 77 Golden Grove Road (NBGIC Number 300111), from Low Density
Residential to Service Corridor classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the by-law entitled,
"By-law Number C.P. 100-587 A Law To Amend The Zoning By-law Of The City Of Saint
John", by adding "special zones SZ#8", its uses and standards, and re-zoning a parcel
of land with an area of approximately 1.4 hectares (3.5 acres), located at 77 Golden
Grove Road (NBGIC Number 300111), from "RS-2" One and Two Family Suburban
Residential to "SZ#8" Special Zone #8, pursuant to Section 39 of the Community
Planning Act as recommended by the Planning Advisory Committee, be read a first time.
Councillor Trites asked that Council receive copies of the three letters
filed by Mr. Goguen prior to third reading.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "By-law Number C.P. 100-587 A Law
To Amend The Zoning By-law Of The City Of Saint John".
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-
law Number C.P. 100-587 A Law To Amend The Zoning By-law Of The City Of Saint
John", by adding "special zones SZ#8", its uses and standards, and re-zoning a parcel
of land with an area of approximately 1.4 hectares (3.5 acres), located at 77 Golden
Grove Road (NBGIC Number 300111), from "RS-2" One and Two Family Suburban
Residential to "SZ#8" Special Zone #8, 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 entitled, "By-law Number C.P. 100-587 A
Law To Amend The Zoning By-law Of The City Of Saint John".
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On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the correspondence
regarding the above-proposed amendments be received and filed.
Question being taken, the motion was carried.
4(a) Zoning By-law Text Amendment
"B-3" Central Business Zone
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Zoning By-law text amendment to (1) add the
words "subject to subsection (3)(e), a" immediately before the words "beverage room,
club or lounge" in Section 540(1)(a), (2) add the following as Section 540(3)(c)(ii): "(ii)
notwithstanding (c) above, a dwelling unit may be located below the second storey and
the main access to any dwelling unit may be from outside the building at ground level,
where such building is located on a lot that is less than 30 metres from an 'R' zone.", and
(3) add the following as Section 540(3)(e): "(e) a beverage room, club or lounge may not
be located within 30 metres of an 'R' zone.", as initiated by the City of Saint John, and no
written objections were received in this regard.
4{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and a letter in support of the
proposal considered at the Committee's February 26, 2002 meeting at which David
O'Brien spoke in favour of the proposal and the Committee adopted the staff
recommendation; and recommending that Common Council amend the Zoning By-law of
the City of Saint John as indicated above.
David and Linda O'Brien of 40 Duke Street were present at the meeting in
support of the amendment, and Mr. O'Brien, in noting his letter to the Planning Advisory
Committee which was submitted with the above report, expressed the view that
enactment of the amendment would be seen by residents of the Trinity Royal area as a
very hopeful sign of Council's continued support of maintenance and enhancement of
the residential component of this area.
On motion of Deputy Mayor White
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-588 A Law To Amend The Zoning By-law Of The City Of Saint John",
by (1) adding the words "subject to subsection (3)(e), a" immediately before the words
"beverage room, club or lounge" in Section 540(1)(a), (2) adding the following as Section
540(3)(c)(ii): "(ii) notwithstanding (c) above, a dwelling unit may be located below the
second storey and the main access to any dwelling unit may be from outside the building
at ground level, where such building is located on a lot that is less than 30 metres from
an 'R' zone.", and (3) adding the following as Section 540(3)(e): "(e) a beverage room,
club or lounge may not be located within 30 metres of an 'R' zone.", be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "By-law Number C.P. 100-588 A Law
To Amend The Zoning By-law Of The City Of Saint John".
On motion of Councillor Court
Seconded by Councillor Fitzgerald
RESOLVED that the by-law entitled,
"By-law Number C.P. 100-588 A Law To Amend The Zoning By-law Of The City Of Saint
John", by (1) adding the words "subject to subsection (3)(e), a" immediately before the
words "beverage room, club or lounge" in Section 540(1)(a), (2) adding the following as
Section 540(3)(c)(ii): "(ii) notwithstanding (c) above, a dwelling unit may be located
below the second storey and the main access to any dwelling unit may be from outside
the building at ground level, where such building is located on a lot that is less than 30
metres from an 'R' zone.", and (3) adding the following as Section 540(3)(e): "(e) a
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beverage room, club or lounge may not be located within 30 metres of an 'R' zone.", be
read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "By-law Number C.P. 100-588 A
Law To Amend The Zoning By-law Of The City Of Saint John".
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
5(a) Zoning By-law Amendment
To Re-Zone 87 Canterbury Street
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 87
Canterbury Street, from "B-3" Central Business to "B-2" General Business classification,
to permit the use of a portion of the ground floor of the existing building for dwelling
units, as requested by Clover Realty Limited, 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 and a letter in favour of the
proposal considered at the Committee's February 26, 2002 meeting at which Robert
Boyce, architect, attended on behalf of the applicant and expressed agreement with the
staff recommendation, and recommending that Common Council (1) re-zone a parcel of
land located at 87 Canterbury Street, having an area of approximately 920 square
metres, also identified as being NBGIC Number 11171, from "B-3" Central Business to
"B-2" General Business classification, and (2) not give third reading to the proposed re-
zoning if Common Council adopts the proposed general amendment to the "B-3" Central
Business zone provisions that is being considered on the same date as the re-zoning
application for 87 Canterbury Street.
Robert Boyce spoke in support of the proposal, as the architect for the
project, and offered to respond to questions in this regard.
Councillor Trites noted the second part of the Planning Advisory
Committee's recommendation, and Mr. Nugent confirmed that third reading of the above-
proposed amendment would not be necessary if Council were to enact the Zoning By-
law amendment considered under agenda item 4.
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-589 A Law To Amend The Zoning By-law Of The City Of Saint John",
insofar as it concerns re-zoning a parcel of land located at 87 Canterbury Street (NBGIC
Number 11171), having an area of approximately 920 square metres, from "B-3" Central
Business to "B-2" General Business classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "By-law Number C.P. 100-589 A Law
To Amend The Zoning By-law Of The City Of Saint John".
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-
law Number C.P. 100-589 A Law To Amend The Zoning By-law Of The City Of Saint
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John", insofar as it concerns re-zoning a parcel of land located at 87 Canterbury Street
(NBGIC Number 11171), having an area of approximately 920 square metres, from "B-3"
Central Business to "B-2" General Business classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "By-law Number C.P. 100-589 A
Law To Amend The Zoning By-law Of The City Of Saint John".
On motion of Deputy Mayor White
Seconded by Councillor Court
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that agenda items 14, 30, 25
31, 28 and 29 be brought forward for consideration at this time.
Question being taken, the motion was carried.
14. Section 39 Conditions - Re-ZoninQ 185 Loch Lomond Road
Consideration was given to a report from the City Manager referring to the
proposed re-zoning of 185 Loch Lomond Road (Loch Lomond Villa), to which Council
gave first and second readings on February 18, 2002 and requested staff to consult with
the applicant and objectors about possible Section 39 conditions and report back to
Council before third reading; advising that the applicant's representatives indicated their
agreement with the submitted conditions and that, although staff at the time of writing
this report had been unable to reach Mr. Quapp, one of the two persons who spoke in
opposition to the proposal, Mr. Bower has indicated support for the proposed conditions
but would still prefer that the status quo be maintained and the proposed amendment be
denied; and recommending that Common Council impose the conditions as set out
herein, pursuant to Section 39 of the Community Planning Act, if third reading is given to
the proposed Zoning By-law amendment for 185 Loch Lomond Road.
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, Common Council impose the conditions set out in the above report,
pursuant to Section 39 of the Community Planning Act, if third reading is given to the
proposed Zoning By-law amendment for 185 Loch Lomond Road.
Question being taken, the motion was carried.
(Councillor Fitzgerald withdrew from the meeting as he was not present
for the February 18, 2002 public hearing for the proposed Zoning By-law amendment for
185 Loch Lomond Road.)
30. Zoning By-law Amendment - "SZ#6" Zone
Re-ZoninQ Of 185 Loch Lomond Road
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-585 A Law To Amend The Zoning By-law Of The City Of Saint John",
by (1) adding the following to the list of zones in Section 30(1): "special zones SZ #6",
and adding the following as Section 740(6): "(6) Special Zone #6 (SZ#6) - (a) Uses - Any
land, building or structure may be used for the purposes of, and for no other purpose
than, (i) the following uses: all uses permitted in Section 410(1 )(a); a club; (ii) subject to
Section 830, an accessory building, structure or use, incidental to a use, building or
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structure permitted in this zone.; (b) Zone Standards - Standards for development in
Special Zone #6 shall be as set out in Section 410, and Section 810 to 910 where this
zone shall be considered an "IL-1" zone, an "IL" zone, or an institutional zone, as the
case may be.", and (2) re-zoning a parcel of land known as the Loch Lomond Villa
complex, located at 185 Loch Lomond Road (P.ID. Numbers 316992,55085823,
55144836 and 55144943 - formerly P.I.D. Numbers 316703, 316992, 322248, 55029375
and 55085823), from "IL-1" Neighbourhood Institutional to "SZ #6" Special Zone #6
classification, be read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number C.P. 100-585 A Law To Amend The
Zoning By-law Of The City Of Saint John", was read in its entirety.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-585 A Law To Amend The Zoning By-law Of The City Of Saint John",
by adding "Special Zone #6 - SZ#6", its uses and standards, and re-zoning a parcel of
land located at 185 Loch Lomond Road (PID Numbers 316992,55085823,55144836
and 55144943 - formerly PID Numbers 316703, 316992, 322248, 55029375 and
55085823), also known as the Loch Lomond Villa complex, from "IL-1" Neighbourhood
Institutional to "SZ#6" Special Zone #6, be read a third time and enacted and the
Corporate Common Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to the following conditions: (a) the use of the property
as a club is restricted to the applicant's proposal to obtain a club liquor licence, with no
provision for video lottery terminals (VL Ts) for the existing Simonds Lions Auditorium
and Lions Club den/multipurpose room, (b) a maximum of one club liquor licence is
permitted and such licence shall not include exotic entertainment, (c) the permitted hours
of operation of the proposed licenced events shall be no later than 12:30 a.m., except for
New Year's Eve when events may continue to 1 :00 a.m., (d) the serving of alcohol is
restricted to weddings and other scheduled receptions and events held at the facility,
including scheduled club functions and events, and (e) the proponent shall ensure that at
least one person is on site at all times during licenced events to provide security both
inside the building and outside in the parking lot.
Question being taken, the motion was carried.
Read a third time the by-law entitled, "By-law Number C.P. 100-585 A
Law To Amend The Zoning By-law Of The City Of Saint John".
(Councillor Fitzgerald re-entered the meeting.)
15. Section 39 Conditions - Re-ZoninQ 10 Tim Street
Read a report from the City Manager referring to the proposed re-zoning
of 10 Tim Street, to which Council gave first and second readings on February 18, 2002
and requested that a list of proposed Section 39 conditions be brought back to Council
before third reading and that Council be provided with the Saint John Police Force's
concerns in this regard because of the proximity of the school; advising that staff met
with the applicant's representative to discuss the details of the applicant's proposal and
he has indicated his agreement with the submitted conditions and that, with respect to
the proposed hours of operation (condition (e)), staff has also received the submitted
letters from concerned neighbouring property owners suggesting that the sale of alcohol
not be permitted after 11 :00 p.m. and the applicant's representative has indicated that
the proposal was for a facility that includes functions with musical entertainment and
dancing, which would typically extend later than 11 :00 p.m. and the applicant, therefore,
would not agree to a condition that prohibits the sale and serving of alcohol after 11 :00
p.m.; and also advising that, as for the nature of the Police Force's concerns, the Chief
has clarified that his concern is that the club not be operated during school hours and
the submitted Section 39 condition with respect to hours of operation would require that
the club not be open before 4:00 p.m. on weekdays; and recommending that Common
Council impose the conditions as set out herein, pursuant to Section 39 of the
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Community Planning Act, if third reading is given to the proposed Zoning By-law
amendment for 10 Tim Street.
On motion of Councillor Court
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, Common Council impose the conditions as set out in the above
report, pursuant to Section 39 of the Community Planning Act, if third reading is given to
the proposed Zoning By-law amendment for 10 Tim Street.
The Mayor expressed concern about condition (e) that the permitted
hours of operation of the proposed club shall be between 4:00 p.m. and 2:00 a.m., as
that was the same as for any normal club and she felt it was too long, her preference
being that the permitted hours be 4:00 p.m. to midnight, and suggested an amendment
to the motion, and Councillor Teed proposed an amendment, which was not seconded.
Councillor Desmond, on a point of order, expressed the view that the Mayor, if she
wanted to speak on the item, should step down from the chair, and the Mayor noted that,
although she did not make the motion, she would step down from the chair if Council so
wanted.
Question being taken, the motion was carried.
(Councillor Fitzgerald withdrew from the meeting as he was not present
for the February 18, 2002 public hearing for the proposed Zoning By-law amendment for
10 Tim Street.)
31. Zoning By-law Amendment - "SZ#7"
Zone & Re-ZoninQ Of 10 Tim Street
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-586 A Law To Amend The Zoning By-law Of The City Of Saint John",
by (1) adding the following to the list of zones in Section 30(1):"special zones SZ #7",
adding the following as Section 740(7): "(7) Special Zone #7 (SZ#7) (a) Uses
Any land, building or structure may be used for the purposes of, and for no other
purpose than (i) the following uses: artist's studio; assembly of minor electric or
electronic equipment; auto body paint or repair shop; automobile and parts salesroom;
barber shop; beauty salon; boat building plant for boats not exceeding 5 metres in
length; business office; candy manufacture; cannery for fruit or vegetables; carpentry,
cabinet-making or furniture upholstering shop; clothing and garment manufacture;
contractors' offices; dry cleaning establishment; electrical repair shop; film exchange;
film processing or testing laboratory; food, other than fish products, manufacture,
processing and packaging; institutions of a religious, philanthropic or charitable nature;
interior decorating studio; jewellery manufacture; laundry agency; library; mattress
manufacture; medical and dental laboratory; metal-working, tinsmith, plumbing, gas,
steam or hot water fitting shop; musical instrument manufacture; novelty and toy
manufacture; ornamental metal work; personal service shop; photography studio;
printing service; radio or television repair shop; repair garage; restaurant; shoe or boot
manufacture; sign manufacture; tailor shop; taxidermy shop; tent, awning and allied
manufacture; tire shop; truck or car wash; warehousing customarily served by vehicles
of 8 metres or less in length; wholesale or retail sales; workshop complementary to a
retail shop;(ii) the following uses subject to such terms and conditions as may be
imposed by the Committee: athletic or health club; auditorium; subject to subsection
(b)(i), a billiard hall or pool room; subject to subsection (b)(ii), a used car sales lot; club;
laboratory; sash and door manufacture; subject to subsection (b)(iii), the manufacture
and sale of prefabricated homes and related products; redemption centre; warehousing
(general) customarily served by motor vehicles in excess of 8 metres in length; (iii)
subject to Section 830, an accessory building, structure or use, incidental to a use,
building or structure permitted in this zone.; (b) Conditions of Use (i) a billiard hall or
poolroom shall have no more than 5 billiard or pool tables and shall be restricted to
persons over 16 years of age, (ii) a used car sales lot is subject to the following
conditions: (A) the used car sales lot is 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; (C) no outdoor sales office or other such
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building shall be placed anywhere on the property; (iii) the manufacture and sale of
prefabricated homes and related products is subject to the following conditions: (A) truck
traffic to and from the site shall not occur between the hours of 8:00 a.m. to 9:00 a.m.,
11 :30 a.m. to 1 :30 p.m. and 2:30 p.m. to 3:30 p.m.; (B) there shall be no manufacturing
operations outside the building; (c) Zone Standards - Standards for development in
Special Zone #7 shall be as set out in Section 620, and Section 810 to 910 where this
zone shall be considered an "1-1" zone, an "I" zone, or an industrial zone, as the case
may be, except that outdoor storage other than vehicles for sale is prohibited.", and (2)
re-zoning a parcel of land located at 10 Tim Street (PID Numbers 298745 and
55055263), from "1-1" Light Industrial to "SZ #7" Special Zone #7 classification, be read.
Question being taken, the motion was carried.
The by-law entitled, "CP 1 00-586 A Law To Amend The Zoning By-law Of
The City Of Saint John", was read in its entirety.
On motion of Councillor Court
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-586 A Law To Amend The Zoning By-law Of The City Of Saint John",
by adding "Special Zone #7 - SZ#7", its uses, conditions of use and standards, and re-
zoning the parcel of land located at 10 Tim Street (PID Numbers 298745 and
55055263), from "1-1" Light Industrial to "SZ#7" Special Zone #7, be read a third time
and enacted and the Corporate Common Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to the following conditions: (a) the use of the property
as a club is restricted the applicant's proposal to establish an Italian social club, having a
maximum floor area of 5,400 square feet, within the existing building, (b) a maximum of
one club liquor licence is permitted and such licence shall not include exotic
entertainment, (c) the club shall not be located within the front 100 feet of the building,
and shall have its entrance on the side of the building facing the parking area, (d)
seating in the proposed club is limited to a maximum of 250 seats or such lesser number
as can be accommodated by the Zoning By-law's minimum off-street parking
requirement for the variety of uses located on the site; (e) the permitted hours of
operation of the proposed club shall be between 4:00 p.m. and 2:00 a.m. on weekdays,
and between 12:00 noon and 2:00 a.m. on Saturdays and Sundays; (f) the site must be
maintained in accordance with a detailed site plan, to be prepared by the proponent of
the proposed club and subject to the approval of the Development Officer, showing
landscaping and driveway location in a manner that provides a buffer from the adjacent
residential zone and street, and the approved site plan must be attached to the
application for change-of-use/building permit for the proposed club, and (g) all work
shown on the approved site plan mentioned in condition (f) must be completed no later
than eight months from the date of approval of the change-of-use/building permit for the
proposed club.
In response to Councillor Teed's indication that he wanted to speak, the
Mayor advised that, having taken the vote above and the By-law having been read, he
could not do so.
Question being taken, the motion was carried with Councillor Teed voting
"nay".
Read a third time the by-law entitled, "By-law Number C.P. 100-586 A
Law To Amend The Zoning By-law Of The City Of Saint John".
(Councillor Fitzgerald re-entered the meeting.)
28. Business Improvement Levv Bv-Iaw/Uptown Saint John
On motion of Councillor Court
Seconded by Councillor Trites
RESOLVED that the report from the City
Solicitor advising that, with regard to the proposed Business Improvement Levy By-law
amendment now before Council, it is now in order, pursuant to the provisions of the
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MARCH 4, 2002
Business Improvement Areas Act, that the proposed By-law be considered and given
first and second readings, if Council so wishes, be received and filed.
Question being taken, the motion was carried.
29(a) 2002 Budget - Uptown Saint John Inc.
(b) Business Improvement Levv Bv-Iaw Amendment
29{a)
On motion of Deputy Mayor White
Seconded by Councillor Trites
RESOLVED that as requested by the Board
of Directors of Uptown Saint John Inc., Common Council approve the 2002 budget for
the Business Improvement Area as follows:
REVENUE
Business Improvement Area Levy
Employment Grants
Bad Debts Recovery
Community Improvement Grant
Capital Interest Urban Development
Miscellaneous Revenue
Investment Income
Total Revenue
$ 194,430
6,000
2,000
24,000
15,000
1,500
0.00
$ 242,930
EXPENDITURES
Communication Committee
Public Relations (Annual General Meeting)
Urban Design & Planning Committee
Waterfront Development
Marketing Committee
Uptown Development Committee
Student Employment
Operations
Non Recoverable
Total Expenditures
$ 3,000
4,000
24,000
15,000
23,000
10,000
7,500
147,000
9,430
$ 242,930.
Question being taken, the motion was carried.
29{b)
On motion of Councillor Court
Seconded by Councillor Fitzgerald
RESOLVED that the by-law entitled,
"By-law Number B-114-13 A Law To Amend The Business Improvement Levy By-law",
be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "By-law Number B-114-13 A Law To
Amend The Business Improvement Levy By-law".
On motion of Councillor Court
Seconded by Deputy Mayor White
RESOLVED that the by-law entitled, "By-
law Number B-114-13 A Law To Amend The Business Improvement Levy By-law", be
read a second time.
Question being taken, the motion was carried.
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COMMON COUNCIL
MARCH 4, 2002
Read a second time the by-law entitled, "By-law Number B-114-13 A Law
To Amend The Business Improvement Levy By-law".
6. Proclamations
Mayor McAlary proclaimed March 3 to 9, 2002 as Dental Assistants
Recognition Week, and March 2002 as Red Cross Month, in the City of Saint John.
7. Mixed-Use HiQh-Rise BuildinQs
Read a letter from Councillor Teed raising the question of mixed-use
high-rise buildings in that he understands there is limited provision for such type of
building in Saint John in a "B-3" zone to allow a building of some twelve storeys in the
Central Uptown area north of Duke Street, and suggesting that such a format could
assist in reducing the lack of population in the peninsula core of the City.
On motion of Councillor Teed
Seconded by Councillor Desmond
RESOLVED that the Planning
Department be requested to investigate and report on the concept of changes in the
zoning regulations and expanse of "B-3" zoning to allow high-density mixed-use
residential and office complexes to be built in an expanded area in the peninsula core
south of City Road, in particular, in the area south of Waterloo Street and the area south
of Duke Street.
The Mayor concurred with Councillor Titus' observation that the City
Manager's report, under agenda item 17, responded to the above matter. Councillor
Trites made the observation that, if somebody wanted to develop as suggested, an
application to change the zoning could be made to Council, and advised that he could
not support the motion because Planning staff had enough to do; and Councillor Chase
expressed the view that the issues raised were currently being, or would be, addressed
as the need arose.
Question being taken, the motion was lost, with the Mayor, the Deputy
Mayor and Councillors Chase, Court, Titus and Trites voting "nay".
8. City's Participation In Seminars
Consideration was given to a letter from Councillor Teed submitting
information on two seminars to be conducted in Saint John on May 15, 16 and 17,2002,
involving television inspection and prioritization of sewer rehabilitation and an
introduction on trenchless technologies for installation, repair and replacement of an
underground infrastructure; and proposing that the City Manager be requested to inform
Council as to what participation the City is planning in those seminars.
The Mayor expressed the understanding that staff could respond to the
above matter at this time, and Mr. Groody advised the intent for City staff to participate in
the seminars.
On motion of Councillor Teed
Seconded by Councillor Fitzgerald
RESOLVED that the above letter from
Councillor Teed be received and filed.
Question being taken, the motion was carried.
9. Emplovees' Personal Use Of City Vehicles
Read a letter from Councillor Teed commenting on members of the Police
Department and some City staff being allowed to take City vehicles to their residences
which are outside the City, as well as on the practice of City employees driving City
vehicles to go outside the City to pick up a fellow employee whose residence is outside
the City.
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COMMON COUNCIL
MARCH 4, 2002
The Mayor noted the need for two separate motions as the business of
the Police Department was the concern of the Board of Police Commissioners, and
suggested that the first motion could be to ask the City Manager to report on City
vehicles, although she believed that a report had already been submitted in this regard.
On motion of Councillor Teed
Seconded by Councillor Court
RESOLVED that the City Manager be
asked to submit a report as to the City policy respecting personal use of City vehicles by
employees and, in particular, what policy exists if any respecting the use of City vehicles
outside the City limits.
The Mayor suggested that the City Manager could resubmit a copy of his
previous report as an information item. Councillor Court expressed the understanding
that the City Manager was to provide Council with additional information on the actual
policy, including mileage, cost and such.
Question being taken, the motion was lost, with the Mayor, the Deputy
Mayor and Councillors Chase, Desmond, Titus and Trites voting "nay".
Councillor Teed proposed a motion, which was not seconded, that
Council ask the Police Commission what the policy is and how it is enforced.
10. Manner In Which Council Conducts Business
Consideration was given to a letter from Councillor Teed commenting on
the way Council conducts its business in that it appears to be contrary to the provisions
of the Municipalities Act and, even worse, a disservice to Council and the public, of late
there being a growing list of matters which are diverted from the Council agenda to
Committee of the Whole before Council can even consider them; submitting a copy of an
excerpt from the Municipalities Act in this regard; and calling upon Council to recognize
its erroneous practice and take early steps to rectify this situation before Council finds
itself in a legal mess and the City fails to achieve the goal of a vibrant, well-governed
municipal leader for the Province.
On motion of Councillor Teed
Seconded by Councillor Desmond
RESOLVED that the above letter from
Councillor Teed be received and filed.
Councillor Court asked if Council was erroneous in following the practice
of dealing with land, legal and labour matters behind closed doors because that was
basically what Council dealt with in closed session, and if this practice was according to
the Act, and Mr. Nugent advised that the 1997 policy adopted by Council to govern
which matters were to be dealt with in open session of Council and which matters were
to be dealt with initially in Committee of the Whole was intended to reflect the
requirements of the Municipalities Act and, clearly, it was the intention, and certainly the
intent to be the practice, that decisions that Council needed to take with respect to the
matters which fall into the broad category of land, legal and labour would be brought to
the open session of Council to be dealt with, although it could be possible that, in the
administration of that policy, items were overlooked and perhaps not dealt with in
accordance with the policy; however, if that were the case, it would then be incumbent
upon anybody who recognized that to bring it forth to Council so that it could be
addressed; and also advised that it was always appropriate for Council to review the
policy it has adopted either as to its administration or as to the propriety of the policy
itself, although it was his understanding that the policy adopted was in accordance with
the terms of the Municipalities Act. Councillor Titus advised that the would not support
the motion because two or three years ago he brought this subject up on the basis that
everything should be in open session, even land, legal and labour, and, if somebody
wanted to make a motion to move it to closed session with stated reasons for the
referral, that was what should be done and, although cumbersome, that in his view was
the only proper way to do it in looking at the Act.
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COMMON COUNCIL
MARCH 4, 2002
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the above matter be
referred to the committee studying the Council Procedural By-law.
Question being taken, the referral motion was carried.
11. Bv-Iaw Re Abandoned and Dilapidated BuildinQs
Read a letter from Councillor Chase noting the initiative undertaken by
the Mayor and City staff to move against landlords of derelict buildings in the City, as
well as the City's step in shutting off utilities in such buildings; expressing the view that
another step is necessary to ensure the eradication of slum buildings by following the
City of Winnipeg and creating a by-law that would allow the City to seize abandoned and
derelict buildings and, go a step further to allow the City to seize buildings which have
many outstanding Building Code violations; and recommending that this matter be
referred to the Legal Department for an opinion and wording of an appropriate by-law.
A motion was proposed by Councillor Chase and seconded by Councillor
Fitzgerald to refer the above letter to the City Solicitor.
During discussion Mr. Nugent expressed the view that the notion that the
City could seize abandoned buildings was one beyond the City's authority under the
current legislation, and noted that Council recognized this as a very pressing issue and
one which it was pursuing, in conjunction with the co-operation of the Province, to
address by fashioning some scheme that would allow municipalities in the Province to
deal in a more effective manner with buildings that are inhabited by citizens that do not
meet the most minimal of standards for habitation, and another meeting would be held
with the Province in early April to continue discussions in an effort to fashion some
improvements to the legislation. Mr. Edwards spoke to two issues involved in terms of
minimum property standards and dangerous and unsightly premises, both being under
the Municipalities Act and discussion with the Province in anticipation of making changes
to give municipalities more authority, the issue brought forward by Councillor Chase
having been one on which staff talked to the Province in the past and one involving
possibility to the City in taking over a building; and noted a situation in the City in the last
couple of weeks involving a landlord who had not paid electrical and heating bills and a
number of families who had no power, lights and such, a resolution to some of these
things having come through the Office of the Rentalsman, his office and the help of
others. Councillor Trites advised that, in view of Mr. Edwards' comments about seizing
derelict properties in that the City could be liable for any mortgages, liens or back taxes,
there would have to be something in place to accommodate that and he would certainly
support communication with the Minister, although not necessarily the above letter. The
Mayor advised that she would prefer that this matter be referred to the meeting with the
Provincial staff to which the City Solicitor would be going and Councillor Chase advised
that, given the City Solicitor's opinion, he would move a receive and file motion.
On motion of Councillor Chase
Seconded by Councillor Fitzgerald
RESOLVED that the above letter be
received and filed.
Question being taken, the motion was carried.
12. Compensation For Provision Of EmerQencv Social Services
Consideration was given to a letter from Councillor Chase advising that
he has been made aware that the Department of Family and Community Services
provided emergency social services to the tenants of the Rockland Road property of Bill
Redern by way of hotel costs and assistance with new rental costs for persons who were
caused to evacuate their homes as a result of the unsafe living conditions rendered by
the willful neglect of the landlord of the property.
Councillor Court, on a point of order, asked if the above letter would fall
into the category of land, legal or labour and if it was in order for a person's name to be
brought up in the above manner.
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COMMON COUNCIL
MARCH 4, 2002
On motion of Councillor Chase
Seconded by Councillor Teed
RESOLVED that Council encourage the
Minister of Family and Community Services to seek compensation of tax payers' dollars
through civil action against Bill Redfern and to remind the Province of the cost incurred
by not changing municipal legislation so as to give the City greater opportunity to enforce
building standards, and remind the Province of the cost incurred by not changing
municipal legislation to give the City greater opportunity to enforce building standards.
The Mayor suggested that the Province would know what to do, and
Deputy Mayor White advised that he would not support the motion because he did not
think it was Council's place to suggest that the Province sue anybody and the Province
could make its own decision in that regard, and Councillor Desmond concurred that this
was the Province's business. Councillor Court advised that he would not support the
motion because a name was brought forward, and Mr. Nugent advised that his
understanding of the motion was to encourage the Minister to seek compensation from
the owner of the property in question in the circumstance and he did not believe there
was anything improper about that motion.
Question being taken, the motion was lost, with the Mayor, the Deputy
Mayor and Councillors Court, Desmond, Fitzgerald, Titus and Trites voting "nay".
13. Public HearinQ - Re-ZoninQ 17-21 Westmorland Road
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager advising that, further to Council's authorization on January 21, 2002 of a public
hearing on March 4, 2002 for the application of 501126 N.B. Ltd. / Raymond Slattery for
the re-zoning of property located at 17-21 Westmorland Road and prior to the Planning
Advisory Committee meeting, the applicant's legal counsel requested that the matter not
be further considered due his client's poor health, as indicated in the submitted letter;
therefore, as the Committee did not consider the matter and its recommendation is not
forthcoming, the public hearing has been cancelled in accordance with Council's policy
and the applicant has requested that it not be rescheduled at this time, be received and
filed.
Question being taken, the motion was carried.
16. Request For FeQan Court Sidewalk PlowinQ
On motion of Councillor Trites
Seconded by Councillor Fitzgerald
RESOLVED that the report from the
City Manager advising that, further to Council's January 7, 2002 referral of a petition
from residents of Fegan Court requesting that the sidewalks be added to the snow
plowing list, staff reviewed the conditions at Fegan Court and is of the opinion that it
does not meet the criteria used to add a street to the winter sidewalk servicing list, the
current vehicular and pedestrian usage being low and the sidewalks immediately
adjacent to Fegan Court on Wellesley Avenue are included on the list, be received and
filed and the policy be communicated to the residents.
Question being taken, the motion was carried.
17. Population Growth & Land Use In South End
On motion of Deputy Mayor White
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager advising that, further to Council's February 4, 2002 referral of the matter of
population growth and land use planning specially as it relates to the South End of the
City, the most recent 2001 Census data for population and dwelling units is not available
until March 12,2002 following which an update report could be prepared for Council;
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COMMON COUNCIL
MARCH 4, 2002
also advising that, while the population of the City and the South End has declined
steadily over the last twenty years, the number of households has increased at the same
time, following similar trends in Canada and other municipalities, and a recent trend in
North American cities to move back to the City core may also prove true for Saint John;
and further advising that current zoning regulations have not been a deterrent to
population growth and macro factors, such as immigration and economic development
playa larger role in attracting population and, when the market determines there is a
demand for housing, it will be built, be received and filed.
Question being taken, the motion was carried.
18. Licence To Operate Jet Boat Tours
Read a report from the City Manager advising that the licence granted to
Hargo Jet Boat Tours Inc. to operate jet boat tours of the Reversing Falls Rapids from
the Fallsview Park site, expired in March 2001, the jet boat tour having operated during
2001 without City permission; commenting on the jet boat ride as a staple in the Saint
John tourism industry, having become an icon in the City's promotional material, noting
the various requests from the Company over the past six years for site improvements
which were not provided for in the original agreement, and the resources budgeted by
Water and Sewerage for the design and provision of water and sewerage updates for
the Park site as a 2002 project; and recommending the granting of a licence for the jet
boat tour operation.
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, the City of Saint John grant permission and licence to Hargo Jet Boat
Tours Inc. to occupy that portion of PID Number 428664 (as generally shown on
Schedule A), under the terms and conditions as set forth in the submitted licence, for the
purposes of a seasonal jet boat/boat tour operation of the Reversing Falls Rapids from
the Fallsview Park site, and the Mayor and Common Clerk be authorized to execute the
licence on behalf of the City.
Question being taken, the motion was carried.
19. QuietinQ Of Title Over Portion Of PID Number 51771
Consideration was given to a report from the City Manager advising that,
further to Council's authorization on April 17, 2001 of the subdivision of PID Number
51771 on Woodward Avenue and a subsequent land exchange with Barsa Ventures Ltd.
with the City to exchange a portion of PID Number 51771 for a portion of PID Number
49871 to facilitate a residential development, the consultant acting for Barsa discovered
that documentation recorded in the Saint John Registry Office respecting title to a 33-
foot wide strip of land within the limits of PID Number 51771 and adjacent to PID
Number 49871 does not vest any title to the strip in the City and Barsa requests that the
City proceed with an application under the Quieting of Titles Act prior to completion of
the land exchange, and has agreed to cover all associated costs incurred by the City in
any application pursued under the Act; and recommending that the City pursue an
application under the Act.
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the City Solicitor or his designate initiate and pursue an application under
the Quieting of Titles Act to rectify the defect in the City's simple title to PID Number
51771, Woodward Avenue.
Question being taken, the motion was carried.
20. Contract 2001-9. Asphalt Concrete ResurfacinQ No.2
Read a report from the City Manager reviewing the contract costs of
Contract 2001-9, asphalt concrete resurfacing No.2, which was awarded to Lafarge
Canada Inc. at the tendered amount of $386,235.15, the value of the work carried out
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COMMON COUNCIL
MARCH 4, 2002
having exceeded that amount as indicated in the summary table; advising that, in
completing the work, additional asphalt cold milling and padding was required prior to
resurfacing due to the existing asphalt surfaces being uneven on Oakland Street and
Rockwood Avenue, the quantity of asphalt surface course on McAllister Drive was
greater than originally anticipated due to an extension of the paving limits in order to
provide a smoother transition between the new road width and the existing, and
additional asphalt was also required on Sherbrooke Street to match grades with new
concrete curbs and, as well, the cost of adjustment and rebuilding of catch basins and
manholes was greater than anticipated due to the additional asphalt padding required;
and further advising that staff has determined that the additional costs associated with
these projects fall within the approved capital budget envelope for 2001.
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, the above report be received and filed.
Question being taken, the motion was carried.
21. Saint John ThrouQhwav & Truck Traffic
Read a report from the City Manager updating Council on the status of
the study being prepared by ADI Limited for the Saint John Throughway access and
truck traffic, and requesting Council's approval for additional costs associated with the
study.
On motion of Deputy Mayor White
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council approve the additional expenditure of $22,700, plus
applicable HST, for a total estimated final cost of $87,520, plus applicable HST, to be
cost shared equally with the Province of New Brunswick Department of Transportation to
complete the Throughway access and truck traffic study.
Question being taken, the motion was carried.
22. FundinQ Requests - Infrastructure Foundation ProQram
Consideration was given to a report from the City Manager submitting a
summary of information to support a funding request under the proposed Federal
Strategic Infrastructure Foundation Program for $67,400,000 under the Wastewater
Treatment Program for the eastern wastewater system, and $58,358,000 under the
Water Service Needs Program for the drinking water system, as well as a proposed
letter to the Deputy Prime Minister under the Mayor's signature in this regard; and
recommending the adoption of these funding requests and authorization for the Mayor to
forward the letter to the Deputy Prime Minister.
On motion of Councillor Desmond
Seconded by Councillor Fitzgerald
RESOLVED that as recommended by
the City Manager, Common Council (1) adopt the funding requests under the proposed
Federal Strategic Infrastructure Foundation Program for the City's water service needs
and wastewater treatment programs, as outlined in the submitted report from the City
Manager, and in the submitted letter under the Mayor's signature to The Honourable
John Manley, Deputy Prime Minister, and (2) authorize that the submitted letter be sent
to The Honourable John Manley, Deputy Prime Minister, under the Mayor's letterhead
and signature.
Question being taken, the motion was carried.
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COMMON COUNCIL
MARCH 4, 2002
23. EnQineerinQ Services - Red Head Secondary Access
On motion of Deputy Mayor White
Seconded by Councillor Fitzgerald
RESOLVED that as recommended by
the City Manager, the proposal of Crandall Engineering Ltd. be accepted for engineering
services (design and construction management) for Red Head secondary access and
related matters, and the Mayor and Common Clerk be authorized to execute the
appropriate contract documentation.
Question being taken, the motion was carried.
24. Site Conditions - 996 To 1320 Red Head Road
Read a report from the City Manager advising the status of the
contingency plan process with regard to site conditions at 996 to 1320 Red Head Road,
further to a report by AMEC Earth and Environmental Limited, having been contracted
by the Provincial Emergency Measures Organization in the summer of 2001 to estimate
the rate of erosion and movement of the crest of the Red Head Bluff and provide a
course of action regarding the homes and infrastructure being threatened by erosion,
and recommending to Council a course of action to respond to the concerns of area
residents.
On motion of Deputy Mayor White
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, (1) the Mayor write to the Provincial Minister responsible to determine
what, if any, action the Province is prepared to undertake to respond to the short- and
long-term concerns of the residents of the Red Head Bluff area, (2) City staff review the
situation and, upon receipt of the response from the Province, provide Council with
recommendations regarding what actions, if any, the City should take, and (3) the
residents be advised of the planned actions.
Councillor Chase questioned the status of a report requested at the
October 9, 2001 Council meeting on the idea of offering residents City-owned land for
relocation of their homes, and Mr. Totten advised that, while there was a whole host of
problems with a municipality giving a lot of land to an individual, there were situations, if
the Federal or Provincial Governments were involved in terms of some sort of
negotiations, staff would look at that with a view to positioning the municipality as having
received value for that land; however, to suggest that the municipality could give a piece
of land to a resident who lived on a cliff that happened to be eroding would cause the
City some difficulty and staff would not want to take the municipality in that direction.
Councillor Trites suggested that the words "if any" should be deleted from section (1) of
the above recommendation as the Province has no choice but to take action.
Question being taken, the motion was carried.
25. SalvaQe Corps And Fire Police - Warrant Cancellation
On motion of Councillor Desmond
Seconded by Councillor Fitzgerald
RESOLVED that as recommended by
the City Manager, Common Council cancel the warrant of Saint John Salvage Corps and
Fire Police member John Pipes, as requested by Captain Harold Mayes.
Question being taken, the motion was carried.
26. Establishment ChanQe - BuildinQs And Inspection Services
Read a report from the City Manager advising that, having obtained a
grant of $25,000 in 1996 to initiate a Municipal Energy Efficiency Program, the City
engaged the services of an electrical engineer, Samir Yammine, and contributed an
additional $15,000 to bring his salary to $40,000, and the Provincial grant continued
through to 1998 on a reduced scale and, while in 1998 it was $15,000, the City
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COMMON COUNCIL
MARCH 4, 2002
continued to employ Mr. Yammine at the current salary of $40,000 and extended the
position of Energy Manager on an annual basis and, since 1999, funded the full amount
of the salary, recognizing the enormous cost-saving benefits; also advising that the
position of Energy Manager was evaluated, along with other management positions,
through the job evaluation program and the position was set at Group E, Step 1;
submitting a list of projects undertaken since 1996 and continuing today, with savings
realized to date to continue indefinitely into the future and much more that can be done
in terms of energy efficiency for the City; and recommending that the permanent
Establishment be amended to include this position.
On motion of Deputy Mayor White
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the permanent Establishment be amended to include the position of
Energy Manager, Group E.
Question being taken, the motion was carried.
27. Lease Of Land From Exhibition Association
Consideration was given to a report from the City Manager referring to
Council's authorization of April 9, 2001 for the City Manager to advise the Exhibition
Association and First Professional that the City was supportive of entering into an
agreement to facilitate the construction of Majors Brook Drive, which was linked to the
willingness of the Association to grant a lease for a new arena site on Association lands,
Council having further dealt with the matter of leasing lands from the Association at its
July 23, 2001 meeting, authorizing the release of the City's interest in the existing
Simonds Arena site in exchange for a lease of land elsewhere on the Association's land
and, subject to a new land lease, authorizing the demolition of the existing Simonds
Centennial arena; advising of staff's negotiations with the Exhibition Association
concerning the details of the lease, and presenting the results of them to Council for
consideration.
On motion of Deputy Mayor White
Seconded by Councillor Fitzgerald
RESOLVED that as recommended by
the City Manager, the City of Saint John lease a 1.2-hectare :t portion of PID Number
307397, as generally shown on the submitted plan, from the Exhibition Association of
the City and County of Saint John, on the terms and conditions outlined in the City
Manager's submitted report, and the Mayor and Common Clerk be authorized to execute
the submitted lease.
Mr. Edwards, in response to questions, advised that the City would have
three years, if Council approved the above lease, to begin construction of a new arena
or the City would forfeit its ability to lease the property for $100, and also that it was the
City's responsibility to demolish the building and it was staff's belief that there was some
residual value in the building in the structural steel frame, the City having removed all of
the chillers, condensors and electrical equipment for use at other arenas and the
building is currently undergoing a phase one environmental assessment to determine if
there are any pcbs, asbestos, lead or any other pollutants on the property, and he would
anticipate calling a tender within the next two weeks. Councillor Titus advised that,
without getting into too much detail, he would like to refer this matter to the City Solicitor.
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that the above matter be
referred to Legal Session for discussion with the City Solicitor.
Question being taken, the referral motion was carried.
32. Committee Of The Whole Report
Read the report of the Committee of the Whole
(as follows)
88-905
COMMON COUNCIL
MARCH 4, 2002
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on Monday, February 18, 2002, when
there were present Mayor McAlary, Deputy Mayor White and Councillors Chase, Court,
Desmond, Fitzpatrick, Teed, Titus and Trites, and your Committee submits the following
recommendation, namely:
1. That Council adopt as policy, as of January 1, 2003, that Council
appointees to committees, boards and commissions may serve for a maximum of six
years, effective with the expiration of each member's term of office.
March 4, 2002,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
32.1. Term Of Membership On Committees/Boards/Commissions
On motion of Councillor Teed
Seconded by Deputy Mayor White
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
33. 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 met on Monday, February 25,2002, when
there were present Mayor McAlary, Deputy Mayor White and Councillors Chase, Court,
Fitzgerald, Fitzpatrick, Teed and Trites, and your Committee submits the following
recommendations, namely:
1. That Malcolm M. Somerville be re-appointed to the Board of
Commissioners of the Saint John Free Public Library for a term of three years.
2. That Raymond Thompson, Harold Mayes, Joe Mott, Murray Carpenter, J.
Arthur VanWart, Councillor Bernard Desmond, Ralph Thomas and Ian Polley be re-
appointed, and Mark LeBlanc and Bruce Capson be appointed, to the Recreation and
Parks Advisory Board for a term of three years.
3. That James LeMesurier, Peter McKelvey and Councillor Stephen Chase
be appointed to the Environment Committee for a term of three years.
4. That J. Claude MacKinnon be appointed as the City's representative on
the Fundy Region Solid Waste Commission for a term of three years.
5. That William R. Fitzpatrick and Charles A. Nelson be re-appointed to the
Board of Directors of Saint John Airport Inc. for a term of three years.
6. That William D. Farren be re-appointed to the Saint John Board of Police
Commissioners for a term of three years.
7. That Leo M. Maloney be re-appointed to the Aquatic Centre Commission
for a term of three years.
88-906
COMMON COUNCIL
MARCH 4, 2002
March 4, 2002,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
The Mayor asked Council to withdraw the latter part of section 2 of the
above report and deal with the re-appointment of members only, and also to withdraw
section 4.
On motion of Councillor Teed
Seconded by Councillor Court
RESOLVED that the latter part of section 2
on the appointment of members to the Recreation and Parks Advisory Board, and
section 4 of the above report, be withdrawn.
Question being taken, the motion was carried.
33.1. Appointment To Free Public Librarv Board
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
33.2. Appointments To Recreation And Parks Advisorv Board
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that Raymond Thompson,
Harold Mayes, Joe Mott, Murray Carpenter, J. Arthur VanWart, Councillor Bernard
Desmond, Ralph Thomas and Ian Polley be re-appointed to the Recreation and Parks
Advisory Board for a term of three years.
Question being taken, the motion was carried.
33.3. Appointments To Environment Committee
On motion of Deputy Mayor White
Seconded by Councillor Trites
RESOLVED that section 3 of the above
report be adopted.
Question being taken, the motion was carried.
33.5. Appointment To Saint John Airport Inc.
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that section 5 of the above
report be adopted.
Question being taken, the motion was carried.
33.6. Appointment To Board Of Police Commissioners
On motion of Councillor Court
Seconded by Deputy Mayor White
RESOLVED that section 6 of the above
report be adopted.
88-907
COMMON COUNCIL
MARCH 4, 2002
Question being taken, the motion was carried.
33.7. Appointment To Aquatic Centre Commission
On motion of Deputy Mayor White
Seconded by Councillor Court
RESOLVED that section 7 of the above
report be adopted.
Question being taken, the motion was carried.
* Added Item
On motion of Deputy Mayor White
Seconded by Councilor Desmond
RESOLVED that recommendations for
appointments to committees, boards and commissions, considered in Committee of the
Whole earlier this date under agenda item 45, be added to the agenda of this meeting
for consideration at this time.
Question being taken, the motion was carried.
*45.1. ParkinQ Commission Appointments
On motion of Councillor Desmond
Seconded by Councilor Trites
RESOLVED that Norman Hamburg and Vijay
Kawatra be re-appointed to the Saint John Parking Commission for a term of three
years.
Question being taken, the motion was carried.
*45.2 Power Commission Appointments
On motion of Councillor Court
Seconded by Councilor Trites
RESOLVED that Edward Bates, G.E.
Graham and Anne Hickey be re-appointed to the Power Commission of the City of Saint
John for a term of three years.
Question being taken, the motion was carried.
*45.3 Appointment To Preservation Review Board
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that Bob McVicar be appointed
to the Preservation Review Board for a term of three years.
Question being taken, the motion was carried.
34. PlanninQ Advisorv Committee - 2002 Executive
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the letter from the
Planning Advisory Committee advising of its election on February 26, 2002 of the
following individuals as members of its Executive for 2002: Brian J. Cunningham,
Chairman, Philip Hovey, Vice-Chairman, and Stephen Horgan, third Executive member,
be received and filed.
88-908
COMMON COUNCIL
MARCH 4, 2002
Question being taken, the motion was carried.
35. ParkinQ Commission - Municipalities Act LeQislation
Read a report from the Saint John Parking Commission referring to its
contribution of three years ago to the process to amend the Municipalities Act which
included provisions to facilitate the use of new parking technology in regulating both on-
and off-street parking in that it feels a sense of urgency for the Act to be amended
accordingly; advising that a meeting in Saint John on January 18, 2002 was arranged
with the City Solicitors from Fredericton, Moncton and Saint John to meet with the
solicitor who drafted the proposed package of legislation changes to the Act at which
time they reviewed the proposed changes and the appropriate adjustments were made;
and submitting a draft Municipalities Act amendment regarding parking; and, in
requesting the support of Common Council for the immediate implementation of these
changes to the Municipalities Act, advising that the Commission proposes to write to the
Minister and suggesting that Council may also wish to raise the issue in meeting with the
local MLAs.
On motion of Councillor Fitzgerald
Seconded by Councillor Court
RESOLVED that Council support the Saint
John Parking Commission in its request for changes to the Municipalities Act, as
requested.
Question being taken, the motion was carried.
36. Environment Committee - Point Lepreau Refurbishment
Consideration was given to a letter from the Environment Committee
referring to NB Power's proposal for the refurbishment of Point Lepreau, as well as the
Committee's recent recommendations to Council regarding proposals for the Coleson
Cove refurbishment, and advising of its interest in monitoring the application process for
Point Lepreau in that, while the Committee recognizes that the Point Lepreau
refurbishment proposal has important advantages for the region in terms of air quality
compared to orimulsion at Coleson Cove or other fossil fuel options, there are some
significant environmental concerns to be addressed in the environmental assessment
that will be carried out with regard to storage of expended radioactive fuel at Lepreau.
The Committee in its letter expresses the view that it would be of benefit for the City to
register for intervenor status at the Public Utilities Board hearings for Point Lepreau in
order for the Committee, City staff and Council to have the opportunity to review the
proposal and comment to the extent that they feel appropriate; and recommends that the
City register accordingly.
On motion of Councillor Fitzgerald
Seconded by Councillor Court
RESOLVED that as recommended by the
Environment Committee, the City register as an intervenor for the Public Utility Board
hearings and monitor the Point Lepreau proposal as appropriate.
Question being taken, the motion was carried.
37(a) Office Of The Premier, (b) Municipal Capital Borrowing Board
Response To Council Resolution On Sunday ShoppinQ
Consideration was given to letters further to the February 11, 2002
Council resolution on Sunday shopping from (a) the Office of the Premier advising that
the matter was forwarded to the The Honourable Kim Jardine, Minister of Environment
and Local Government, for her information; and (b) the Municipal Capital Borrowing
Board noting that the Board is not responsible for pursuing amendments to the Days of
Rest Act and the decision to review the Act and make legislative amendments rests with
Government, and advising that, the Board has been designated by the Lieutenant-
Governor in Council for purposes of the Act and, as such, upon request must consider
an application and render a decision; consequently it would not be appropriate for the
Board to implement a moratorium on such exemptions.
88-909
COMMON COUNCIL
MARCH 4, 2002
On motion of Councillor Trites
Seconded by Deputy Mayor White
RESOLVED that the above letters be
received and filed.
Question being taken, the motion was carried.
38. Sunday ShoppinQ
On motion of Deputy Mayor White
Seconded by Councillor Trites
RESOLVED that the letters from (a) Nathan
Maguire advising his opposition to the passing of a law to allow stores to be open on
Sunday for shopping; and (b) Knights of Columbus - Council 937 advising that it passed
a motion indicating that its members are not in favour of Sunday shopping, be received
and filed.
Question being taken, the motion was carried.
39(a) Mayor Of Grand Bay; (b) Everett J. Calvin
Operation Of Crane Mountain Landfill
39{a)
Consideration was given to a letter from Grace Losier, Mayor of the Town
of Grand Bay-Westfield, submitting a letter to the Mayor and Common Council from
Councillor Everett Calvin, the Town's representative on the Fundy Region Solid Waste
Commission, suggesting that, before formally requesting Minister Jardine to conduct a
review of the "financial crisis" at the Crane Mountain landfill, Council should give careful
consideration to the following: (1) as a cost-sharing partner, the Department has already
reviewed the $27.3 million dollar investment, before contributing its share, and (2) the
1996 financial projections indicated that, when Crane Mountain was up and running with
diversion, the required expenditures in 2002 would be $6.596 million and the proposed
2002 budget requests $6.596 million.
39{b)
Consideration was also given to a letter from Everett J. Calvin, Councillor
of the Town of Grand Bay-Westfield and Vice-Chair of the Fundy Region Solid Waste
Commission, advising the two reasons he has endured attacks on his intelligence and
integrity, having been subject to verbal abuse and ridicule from Common Council
throughout the six years he has been on the Commission; also advising that, if an
operational review is what the City wanted, he would personally recommend the
Commission to ask the Department of Environment and Local Government to step in;
and expressing the view that, until the City legitimately commits to the program as a
sincere partner, matters will not improve.
On motion of Councillor Fitzgerald
Seconded by Deputy Mayor White
RESOLVED that the above letters be
received and filed.
Question being taken, the motion was carried.
40. Saint John Port Authoritv - Sponsorship Of Port Davs
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that, with regard to the
request of the Saint John Port Authority for support for Saint John Port Days to be held
June 3 and 4, 2002 through sponsorship at a gold, silver or bronze level, and submitting
the issue of Port Progress which was distributed at Port Days 2001 as an example of the
coverage the City would get for its contribution, a grant of $1,500 be approved.
88-910
COMMON COUNCIL
MARCH 4, 2002
Question being taken, the motion was carried.
41. South Central Citizens Council - 200 Block. Duke Street
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the letter from Dominick
Eden, Chairperson of the South Central Citizens Council, requesting that the 200 Block
on Duke Street be cleaned regularly, the Litter By-law be enforced and the Building
Inspector be told to inspect and enforce by-laws on several of the houses on that Block,
be referred to the City Manager.
Question being taken, the motion was carried.
42. Dominion Refuse Collectors & Saint John Recycling
Revised Proposal For ReQion's RecvclinQ Depots
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that the letter from
Dominion Refuse Collectors & Saint John Recycling submitting, further to its recent
negotiations with the Fundy Region Solid Waste Commission's Technical Committee, a
revised proposal regarding the Region's recycling depots, be received and filed.
Councillor Desmond first proposed a motion to refer the above letter to
the Fundy Region Solid Waste Commission, whereupon the Mayor suggested it be
received and filed as it was already forwarded to the Commission.
Question being taken, the motion was carried.
43. F. Wayne Jones - TiminQ Of Pedestrian Crosswalk LiQhts
On motion of Councillor Desmond
Seconded by Councillor Titus
RESOLVED that the letter from F. Wayne
Jones questioning the timing of the pedestrian crosswalk lights on the corner of Metcalf
Street and Lansdowne Avenue and the corner of Main Street and Chesley Drive, be
referred to the City Manager.
Question being taken, the motion was carried.
Adiournment
The Mayor declared the meeting adjourned.
Common Clerk