1994-06-13_Minutes
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COMMON COUNCIL
JUNE 13, 1994
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the thirteenth day of June, AD. 1994, at 7:00 o'clock p.m.
present
Thomas J. Higgins, Mayor
Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers,
Trites, A Vincent and M. Vincent
- and -
Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; C. Robichaud, Assistant City
Manager - Operations; J. C. MacKinnon, Commissioner of
Environment and Infrastructure Services; P. Groody,
Commissioner of Human Resources; S. Bedford, Commissioner
of Development Services; S. Armstrong, Director of Engineering;
W. D. Todd, Director of Housing and Property Management; S.
Galbraith, Director of Supply and Services; B. Morrison, Director
of Parks; D. Logan, Purchasing Agent; B. Steeves, Deputy
Building Inspector; J. Baird, Manager - Development Division,
Planning; W. Edwards, Manager of Works; B. Malone, Planner;
R. Nelson, General Foreman - Parks; B. McCarthy, Personnel
Officer; J. Morrison, Deputy Fire Chief; D. Sherwood, Chief of
Police; G. Ingraham, Assistant Deputy Chief of Police; Mrs. Sarah
Wilson, Executive Assistant to City Manager; Mrs. M. Munford,
Common Clerk; and Ms. C. Joyce, Assistant Common Clerk.
1. Call To Order - OpeninQ Prayer
Mayor Higgins called the meeting to order, and Reverend Philip Ward of
St. Luke's Anglican Church offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that minutes of the
meeting of Common Council, held on May 30, 1994, be approved.
Councillor Gould, referring to item 32 - the Committee of the Whole
report - in the above minutes, suggested that there appears to be an item missing from
that report, being the City Manager's recommendation concerning the City Hall
switchboard which he voted against; and asked for clarification in this regard in that he
has been told that some divisions of City Hall are now implementing the
recommendation, although Council has yet to ratify it in open session. Mr. Totten
advised that, while a teach-in was provided in Committee of the Whole on May 16 with
respect to some changes being proposed for the telephone system at City Hall at which
time it was indicated that staff would be moving in a certain direction to make use of the
further technology that is now available, it was indicated that, before proceeding, an
advertising campaign would be arranged for public notice to the citizens; and also that,
while in a couple of situations people in this facility are using voice mail, this was prior
to the discussion with Council and he is not aware of any full-scale effort to implement
the system discussed. Councillor Gould asked if the City Manager has anything to
report on the matter of asbestos in the Old General Hospital, which was referenced
under item 48 at the May 30 meeting in a letter from Mr. Ralph Landers, to which Mr.
Totten replied that, while he was not aware that he was to have a report back to
Council, in discussions with any developers or contractors who would be engaged to
take action on the particular site in question, staff was aware prior to Mr. Landers' letter
of the concerns and health concerns with respect to asbestos in that building and staff
intends to deal with that during the tendering process.
Question being taken, the motion was carried.
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COMMON COUNCIL
JUNE 13, 1994
3. Mayor's Remarks
The Mayor expressed appreciation to members of the Saint John
Council of the Telephone Pioneers of America for their donation of the necessary funds
to purchase a Police service dog to replace one of the Force's dogs which was retired
earlier this year due to failing health; and welcomed to the Council Chamber Messrs.
Brian Cornish, member and fund-raiser for the Telephone Pioneers; Lyle Wiggins,
President of the Saint John Council; and Mr. Ken Cox, Vice Chairman of the Saint John
Board of Police Commissioners. Police Constables K. Gallivan and J. D. Parks of the
Canine Unit of the Saint John Police Force were present at the meeting, and Mr.
Cornish, having addressed Council concerning the activities of the Saint John Council,
introduced Police service dog, TEL, the newest addition to the Saint John Police Force
Canine Unit. Mr. Cox, noting his membership in the Telephone Pioneers, accepted the
dog in appreciation on behalf of the Police Commission and the Police Department,
and the Mayor thanked the members of the Saint John Council of the Telephone
Pioneers of America for their donation.
Councillor Coughlan noted the YM-YWCA fund-raising Y-12 lottery; and
Councillor Chase commented on his attendance on behalf of Council at the 9th Annual
West Side Days celebrations on June 9 through 12.
The Mayor recognized Colonel Douglas Spinney, President of St.
George's Society, who addressed Council concerning the Commemoration of Magna
Carta Day on Wednesday, June 15.
Mayor Higgins extended congratulations to Mr. Scott Johnson of the
City's Purchasing Department on his successful completion of the necessary testing
and training required by the National Institute of Government Purchasing and his
resultant designation of Certified Professional Public Buyer; and proclaimed June 12 to
17 as Orange Family Week in support of the Orange Benevolent Association, and June
13 to 18 as the Run For Women Week in the City of Saint John.
Councillor A. Vincent commented on his attendance at the opening of
the new Human Resources Development Office on Rothesay Avenue, formerly known
as the Department of Income Assistance; and Deputy Mayor McAlary, having noted the
presence in the City of a delegation from the Grand Orange Lodge of Canada as well
as the visit to the Port of Saint John over the past weekend of Naval Destroyers
Iroquois, Fraser and Quebec, presented the Mayor with plaques from each of these
vessels.
Councillor Trites, Chairman of the Maritime Municipal Training Board,
commended City employees Bill Edwards, Peter Cleven, Thomas Higgins, Randy
Nelson, Brian Malone and Sarah Wilson on their successful completion of the
Management Development Program from the Centre for Public Management at Henson
College of Dalhousie University, having earned their Certificate in Local Government
Administration. The Mayor recognized the presence in the Council Chamber of Messrs.
Edwards, Nelson and Mrs. Wilson, following which he and Councillor Trites presented
Mr. Malone, who had the highest overall academic standing in the Program, with the
Guy Henson Award in recognition of his accomplishment.
4. Municipal Plan Amendment and
Re-ZoninQ, 154 Germain Street West
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, the former Shell Canada depot, including the
City-owned lands previously leased to Shell Canada, located at 154 Germain Street
West (NBGIC Numbers 368100 and 366203), with frontage on Germain Street West,
Watson Street and Suffolk Street, from Low Density Residential to Light Industrial
classification; and (b) the proposed re-zoning of the same parcel of land from "1-2"
Heavy Industrial to "1-1" Light Industrial classification, to place the property in a
Municipal Plan designation and zoning which reflects its current use for light industrial
purposes, as requested by Mega Enterprises Inc., and that no written objections were
received in this regard. No person was present to speak in opposition to or in support
of the proposed amendments.
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COMMON COUNCIL
JUNE 13, 1994
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
June 7 meeting at which the applicant expressed general agreement with the
recommendation and requested that parts (a) and (f) of the recommended Section 39
conditions be amended to indicate that the proposed use as a mechanical shop may
include welding and that the restrictions on hours apply only to welding, autobody and
mechanical work; advising that the Committee adopted the staff recommendation with
amendments to parts (a) and (f) as requested by the applicant; and recommending that
(1) Common Council redesignate on Schedule 2-A of the Municipal Development Plan,
from Low Density Residential to Light Industrial classification, the former Shell Canada
depot, including the City-owned lands previously leased to Shell Canada, located at
154 Germain Street West (NBGIC Numbers 368100 and 366203), with frontage on
Germain Street West, Watson Street and Suffolk Street; and (2) the same parcel of
land be re-zoned from "1-2" Heavy Industrial to "1-1" Light Industrial classification,
subject to a resolution pursuant to Section 39 of the Community Planning Act setting
out the following conditions:- (a) the use of the property is limited to the applicant's
proposal for warehousing and storage yard, body shop, mechanical shop (including
welding), sales lot, property maintenance business and limousine service and
associated office uses; (b) any outside storage must be kept in a neat and orderly
fashion, and all materials must be stored so as not to be unsightly or must be properly
covered; (c) there will be no outside storage of damaged vehicles unless they are
waiting to be repaired and, in this case, they will be limited to a maximum of five; (d)
there will be no outside storage of used vehicle parts; (e) a mixture of deciduous and
coniferous trees shall be planted and maintained in a healthy condition along the
property lines in accordance with a planting plan which must be prepared by the
applicant and subject to the approval of the Development Officer, and the trees shall be
in place within one year of adoption of this resolution; and (f) any welding, autobody or
mechanical work shall be conducted no earlier than 7:00 a.m. and no later than 6:00
p.m.; and (3) third reading of the proposed amendments not be given until an
acceptable planting plan is approved by the Development Officer.
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
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, the former Shell Canada depot, including the City-owned lands
previously leased to Shell Canada, located at 154 Germain Street West (NBGIC
Numbers 368100 and 366203), with frontage on Germain Street West, Watson Street
and Suffolk Street, from Low Density Residential to Light Industrial 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 Knibb
Seconded by Deputy Mayor McAlary
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, the former Shell Canada depot, including the City-owned lands
previously leased to Shell Canada, located at 154 Germain Street West (NBGIC
Numbers 368100 and 366203), with frontage on Germain Street West, Watson Street
and Suffolk Street, from Low Density Residential to Light Industrial 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".
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COMMON COUNCIL
JUNE 13, 1994
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the former
Shell Canada depot, including the City-owned lands previously leased to Shell Canada,
located at 154 Germain Street West (NBGIC Numbers 368100 and 366203), with
frontage on Germain Street West, Watson Street and Suffolk Street, from "1-2" Heavy
Industrial to "1-1" Light Industrial classification, pursuant to Section 39 of the Community
Planning Act as recommended by the Planning Advisory Committee, be read a first
time.
In response to Councillor Rogers' query with regard to condition (f)
above, Mr. Baird advised that the applicant indicated his agreement in this regard at the
Planning Advisory Committee meeting and that the later hours of opening were for his
limousine service, cleaning of the limousines and office work, but not work of the nature
as outlined in condition (f).
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 Knibb
Seconded by Councillor M. Vincent
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the former
Shell Canada depot, including the City-owned lands previously leased to Shell Canada,
located at 154 Germain Street West (NBGIC Numbers 368100 and 366203), with
frontage on Germain Street West, Watson Street and Suffolk Street, from "1-2" Heavy
Industrial to "1-1" Light Industrial 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 Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the above report
from the Planning Advisory Committee be received and filed.
Question being taken, the motion was carried.
5. Municipal Plan Amendment and
Re-ZoninQ, 661 Dever 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 at 661 Dever Road (NBGIC
Number 55099170), containing a lot area of approximately 1.1 hectares (2.6 acres)
located on the south side of Dever Road between the Lancaster Arena and the St.
Rose Parish senior citizens' apartment complex, from Open Space to District Centre
Commercial classification; and (b) the proposed re-zoning of the same parcel of land
from "P" Park to "B-2" General Business classification, to permit the development of a
medical/professional office building, as requested by Dr. Sean A. Keyes, and that no
written objections were received in this regard.
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of the Planning staff's report considered at the
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Committee's June 7 meeting at which the applicant and his solicitor expressed
agreement with the recommendation; and recommending that (1) Common Council
redesignate on Schedule 2-A of the Municipal Development Plan, from Open Space to
District Centre Commercial classification, a parcel of land containing a lot area of
approximately 1.1 hectares (2.6 acres), located on the south side of Dever Road
between the Lancaster Arena and the St. Rose senior citizens' apartment complex,
being NBGIC Number 55099170, save and except an approximately 5.2-metre (17 foot)
wide portion of the site located adjacent to the Lancaster Arena property and
containing an area of approximately 500 square metres (5,400 square feet); and (2) the
same parcel of land be re-zoned from "P" Park to "B-2" General Business classification,
subject to a resolution pursuant to Section 39 of the Community Planning Act setting
out the following conditions:- (a) the use of the property is limited to the applicant's
proposal for medical/professional offices and related activities; (b) all parking areas,
loading areas, aisles, manoeuvring areas and driveways shall be paved with asphalt
and, where deemed necessary by the Development Officer, enclosed by poured-in-
place concrete curbs to protect landscaped areas and facilitate proper drainage; (c)
adequate site drainage facilities must be provided and must meet the requirements of
the Engineering Department, and a drainage plan is required; (d) access to the property
shall be generally as shown on the submitted site plan, the exact location of the
driveway entrance is subject to the approval of the Engineering Department, and the
existing concrete curb, sidewalk and median landscaping shall be reinstated with
dropped curb, sidewalk and grass to match existing conditions where disturbed by the
construction of the proposed driveway; (e) all disturbed areas of the site which are not
occupied by buildings, driveways, walkways and parking or loading areas shall be
landscaped, and the landscaping shall include a hedge or similar planting strip along
the east side lot line (abutting the senior citizens' apartments), as required by the
Zoning By-law; (f) the site must be developed in accordance with a site plan, prepared
by the proponent and subject to the approval of the Development Officer, indicating the
location of all buildings, parking areas, driveways, loading areas, signs, landscaped
areas and other site features, including those listed above, and no building permit will
be endorsed by the Development Officer (except site preparation and foundation) until
the site plan is approved, such site plan to be attached to the building permit for the
development; and (g) during construction and all times thereafter, the site shall be
accessed directly from Dever Road and not from the Arena property.
Mr. John Laidlaw, solicitor for the applicant, appeared in support of the
proposed amendments, and explained that Dr. Keyes has been a medical practitioner
of the City's West Side for the past 34 years, having for the last 27 years maintained
his practice at the lower level of his family residence on Mollins Drive, and the recent
growth and expansion of this practice due in large part to the addition of two other
medical practitioners, being two of his children, have made it somewhat necessary for
him to seek a larger alternate site to better service patients; therefore, in considering
the best possible site, Dr. Keyes is very mindful that his patients are accustomed to
visiting him in his office in West Saint John and concluded that it would be best to
continue to see his patients at a site very near to his current office. Mr. Laidlaw made
the observation that, as the subject site is in close proximity to his current office, in
granting the application for the Municipal Plan amendment and re-zoning, the residents
in West Saint John would be able to attend at a modern spacious medical office that is
well located.
On motion of Councillor Chase
Seconded by Councillor M. Vincent
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 at 661 Dever Road (NBGIC Number 55099170),
containing a lot area of approximately 1.1 hectares (2.6 acres), located on the south
side of Dever Road between the Lancaster Arena and the St. Rose Parish senior
citizens' apartment complex, save and except an approximately 5.2-metre (17 -foot)
wide portion of the site located adjacent to the Lancaster Arena property and
containing an area of approximately 500 square metres (5,400 square feet), from Open
Space to District Centre Commercial classification, be read a first time.
Question being taken, the motion was carried.
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JUNE 13, 1994
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
On motion of Councillor Rogers
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 at 661 Dever Road (NBGIC Number 55099170),
containing a lot area of approximately 1.1 hectares (2.6 acres), located on the south
side of Dever Road between the Lancaster Arena and the St. Rose Parish senior
citizens' apartment complex, save and except an approximately 5.2-metre (17 -foot)
wide portion of the site located adjacent to the Lancaster Arena property and
containing an area of approximately 500 square metres (5,400 square feet), from Open
Space to District Centre Commercial 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 Knibb
Seconded by Councillor Rogers
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of
land at 661 Dever Road (NBGIC Number 55099170), containing a lot area of
approximately 1.1 hectares (2.6 acres), located on the south side of Dever Road
between the Lancaster Arena and the St. Rose Parish senior citizens' apartment
complex, save and except an approximately 5.2-metre (17 -foot) wide portion of the site
located adjacent to the Lancaster Arena property and containing an area of
approximately 500 square metres (5,400 square feet), from "P" Park 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.
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 Rogers
Seconded by Deputy Mayor McAlary
RESOLVED that the by-law to
amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a
parcel of land at 661 Dever Road (NBGIC Number 55099170), containing a lot area of
approximately 1.1 hectares (2.6 acres), located on the south side of Dever Road
between the Lancaster Arena and the St. Rose Parish senior citizens' apartment
complex, save and except an approximately 5.2-metre (17 -foot) wide portion of the site
located adjacent to the Lancaster Arena property and containing an area of
approximately 500 square metres (5,400 square feet), from "P" Park 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 Rogers
Seconded by Councillor Coughlan
RESOLVED that the above report from
the Planning Advisory Committee be received and filed.
Question being taken, the motion was carried.
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6. Re-ZoninQ 2377 Loch Lomond Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land at 2377 Loch
Lomond Road (NBGIC Number 326884), having an approximate area of 30 acres
situated at the end of Gibbon Avenue, from "RS-1" One- and Two-Family Suburban
Residential to "RR" One-Family Rural Residential classification, to permit the extension
of Gibbon Avenue with additional unserviced residential lots, as requested by Thomas
E. Secord, and that no written objections were received in this regard. No person was
present to speak in opposition to or in support of the proposed re-zoning.
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
June 7 meeting at which it adopted the staff recommendation; advising that, if and
when third reading is given, a recommendation will be submitted with respect to the
proposed subdivision; and recommending that Council re-zone a parcel of land having
an approximate area of 30 acres situated at the end of Gibbon Avenue, also being
identified as NBGIC Number 326884, from "RS-1" One- and Two-Family Suburban
Residential to "RR" One-Family Rural Residential classification.
On motion of Deputy Mayor McAlary
Seconded by Councillor Coughlan
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning of a parcel
of land at 2377 Loch Lomond Road (NBGIC Number 326884), having an approximate
area of 30 acres situated at the end of Gibbon Avenue, from "RS-1" One- and Two-
Family Suburban Residential to "RR" One-Family Rural Residential classification, be
read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-Law of the City of
Saint John.
On motion of Councillor Rogers
Seconded by Councillor Coughlan
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning of a parcel
of land at 2377 Loch Lomond Road (NBGIC Number 326884), having an approximate
area of 30 acres situated at the end of Gibbon Avenue, from "RS-1" One- and Two-
Family Suburban Residential to "RR" One-Family Rural Residential classification, be
read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-Law of the City
of Saint John.
On motion of Councillor Rogers
Seconded by Councillor Chase
RESOLVED that the above report from
the Planning Advisory Committee be received and filed.
Question being taken, the motion was carried.
7. (a) Municipal Plan Amendment Relevant
To Uptown StrateQV; (b) City ManaQer's Report
Public presentation was made of a proposed Municipal Plan amendment
as set out in the City Manager's report in this regard, to (a) delete the existing Part Six -
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JUNE 13, 1994
Central Business District including Schedule 6-A; and (b) adopt a new Part Six-
Uptown
Strategy including a new Schedule 6-A and 6-B, to update the policies of the Municipal
Development Plan as they relate to the Uptown.
8. Municipal Plan Amendment &
Re-ZoninQ 7-9 Courtenay Avenue
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with a
frontage of approximately 45 feet on Courtenay Avenue and lot area of approximately
4185 square feet, located at 7-9 Courtenay Avenue (NBGIC Number 320010), from
Low Density Residential to District Centre Commercial classification, to permit the
property to be re-zoned from "R-2" One- and Two-Family Residential to "B-2" General
Business classification and the continuing use of the ground floor of the existing
building as a business office, as requested by John Walker and Roly Mcintyre.
9. Municipal Plan Amendment &
Re-ZoninQ 1922 ManawaQonish Road
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at
1922 Manawagonish Road (NBGIC Number 403626), with a frontage of approximately
200 feet on Manawagonish Road and a depth of approximately 150 feet, being the site
of the former Esso service station, from Highway Commercial to Light Industrial
classification, to permit the property to be re-zoned from "B-2" General Business to "1-1"
Light Industrial classification in order to permit the manufacturing, installation and sale
of truck bodies and accessories, as well as a vehicle compound for a towing business,
as requested by Tow Tech Equipment Ltd.
11. Imperial Theatre ParkinQ
On motion of Councillor Rogers
Seconded by Councillor Coughlan
RESOLVED that the letter from
Councillor Rogers advising that it has come to her attention that there are no parking
spaces for the disabled near the entrance of the Imperial Theatre, with the nearest
ones located on King Street and King Street East, a considerable distance for someone
who has a disability -- be referred to the City Manager to confer with the Saint John
Parking Commission regarding the possibility of the designation of disabled parking
spaces in the immediate area of the Imperial Theatre.
Question being taken, the motion was carried.
12. Recent FCM Conference
On motion of Councillor Rogers
Seconded by Councillor M. Vincent
RESOLVED that the letter from
Councillor Rogers commenting on information given to the Council representatives who
attended the recent FCM Conference in Winnipeg, Manitoba -- be received and filed.
Councillor Rogers referenced the indication in the above letter to the
Federal Government's removal of the freeze on Crown properties, including the Port of
Saint John, requiring them now to pay property taxes effective January 1, 1994, on the
basis of her understanding that the Port of Saint John has always paid property taxes;
and advised that FCM has decided to take a united approach to the Federal
Government on the issue of the GST rebate.
Question being taken, the motion was carried.
13. Tender - Automotive Batteries
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Read a report from the City Manager advising that, of the four tenders
received for automotive batteries, two bidders failed to meet the tender requirements as
follows:- (1) APM Ltd. did not include the required tender deposit and therefore its
tender is incomplete; and (2) W.N. White submitted a tender for a substitute brand of
batteries, but did not comply with the requirement of the tender to accompany the
tender with complete detailed literature about the product; and submitting a
recommendation for the award of the tender.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, the supply agreement for automotive batteries, for a period of one year,
be awarded to the low tenderer, in each case, to meet the specifications and terms and
conditions of the tender, as indicated in the submitted bid summary.
Question being taken, the motion was carried.
10. Geneva Roth Holdings II Ltd.
Unsightly Premises By-Law
Main Building and Perimeter Road
199 Waterloo Street
Notice had been given to Geneva Roth Holdings II Ltd., owner of the
parcel of land located between the north side of Waterloo Street and the south side of
City Road, to appear to show cause, if any, why Common Council should not find the
Main Building and Perimeter Road to be dilapidated or deteriorated so as to be
dangerous and unsightly and to require the owner to remedy the condition by either
demolishing the Main Building and Perimeter Road or by carrying out the work set out
in the submitted Schedule "D". No person was present to speak in this regard.
Consideration was given to a report from the City Manager advising that
the condition of the buildings comprising the former General Hospital complex at 199
Waterloo Street (NBGIC Number 14514) has deteriorated since the last report to
Common Council in July 1993 which described the buildings as being dangerous and
unsightly, and that, although staff has been conducting exterior inspections of the
buildings on the site, staff has not entered the Main Building since the interior
inspection of May 1993 due to its dangerous condition and the absence of any
evidence which would indicate any improvement in the condition of its interior and,
although discussions have taken place with both the owner and the Province
concerning the complex, the problem remains and must be addressed. The report
submits as Schedule "C" photographs of the Main Building and Perimeter Road, and
also advises of the interior dangers of the Main Building as well as of the exterior
appearance of the Building which is now such that it is unsightly, and of the
deteriorating condition of the Perimeter Road; expresses the opinion that the Main
Building is so badly deteriorated that it cannot be economically repaired and that, while
the Perimeter Road may be economically repaired, its usefulness is questionable if the
Building were to be demolished; and recommends adoption of the submitted resolution
or such other resolution as Council deems appropriate.
Mr. Steeves expressed the opinion that the Main Building and Perimeter
Roadway are extremely deteriorated, dilapidated, dangerous and unsightly to the
public; and recommended that Council adopt the resolution attached to the above
report.
On motion of Deputy Mayor McAlary
Seconded by Councillor Coughlan
RESOLVED that the following
resolution be adopted, namely:-
"WHEREAS the records in the Saint John County Registry Office show Geneva
Roth Holdings II Ltd. to be the owner of the parcel of land located between the
north side of Waterloo Street and the south side of City Road in the City of Saint
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JUNE 13, 1994
John, in the County of Saint John and the Province of New Brunswick, the said
parcel of land being identified as Parcel 14514 on the portion of the New
Brunswick Geographical Information Corporation plan which was submitted as
Schedule "B" and being more particularly described in the Schedule "A" which
was submitted hereto and was attached to the Deed to Geneva Roth Holdings II
Ltd. from W.S. Reid Chedore In Trust which was dated November 30, 1990 and
was recorded in the Saint John County Registry Office on November 22, 1991
in Book 1540 as Number 374557 at pages 447-453;
AND WHEREAS the property is located in an area mentioned in the By-Law
entitled "A By-Law Respecting Dangerous Or Unsightly Premises Within The
City Of Saint John";
AND WHEREAS there is located upon this property a building and a raised
concrete roadway which are hereinafter referred to as "the Main Building and
Perimeter Road", the Main Building and Perimeter Road shown on the
submitted Schedule "C" and their location on the parcel of land is approximately
as shown on the submitted Schedule "B";
AND WHEREAS the Main Building and Perimeter Road are dilapidated or
deteriorated so as to be in a dangerous and unsightly condition, the particulars
of such dilapidation or deterioration and such dangerous and unsightly condition
are set out in the report of David Crawford which is dated February 09, 1994
and the further report to Common Council from the City Manager and others
which is dated May 31, 1994;
BE IT RESOLVED that Geneva Roth Holdings II Ltd. is hereby required to
remedy the dangerous and unsightly condition of the Main Building and
Perimeter Road within 60 days after a notice from the Building Inspector of the
City of Saint John is served upon it in accordance with section 190(4) of the
Municipalities Act of New Brunswick, by either demolishing the Main Building
and Perimeter Road or by carrying out the following work:
Main Building
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
Carry out such work as is needed to prevent easy access to its
interior;
Remove any and all materials hanging from the ceilings which
may present a danger to persons;
Seal all means of access to the elevator shafts so as to eliminate
the possibility of a person being injured by falling;
Seal all means of access from the stairwells to have the adjoining
service spaces so as to eliminate the possibility of a person being
injured by falling;
Carry out such work as is needed to remove the danger of a
person being injured by falling through the openings in the floor
of the elevator machinery penthouse;
Clear the stairways of all material littering them;
Clear the floors of all materials littering them;
Remove all glass remaining in the window frames;
Remedy the unsightly condition of the building by closing up all
exterior openings using materials and structure designed to resist
prolonged exposure to the elements and constructed in such a
manner so as to present a uniform exterior appearance over all of
the building;
Prevent further deterioration of the structure by replacing any
missing roofing, flashing or cladding using materials capable of
resisting prolonged exposure to the elements.
Perimeter Road
1) Prevent further deterioration of the concrete structure by
replacing any sections of spalled concrete and either replacing or
restoring any corroded reinforcing steel:
BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to
serve notice upon Geneva Roth Holdings II Ltd. in accordance with section
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COMMON COUNCIL
JUNE 13, 1994
190(4), which requires it to either demolish the Main Building and Perimeter
Road or carry out the aforesaid work to remedy the dangerous and unsightly
conditions within 60 days of the service of the notice upon them:
BE IT FURTHER RESOLVED that in the event that Geneva Roth Holdings II
Ltd. does not comply with the Building Inspector's notice, then the Building Inspector is
directed to apply to the Court of Queen's Bench of New Brunswick for an order which
would require Geneva Roth Holdings II Ltd. to either demolish the Main Building and
Perimeter Roadway or carry out the aforesaid work to remedy the dangerous and
unsightly condition within 15 days or such further time as the Court deems
appropriate." .
During discussion the cost of demolition and who would be responsible
for such cost was broached; and Mr. Rodgers made the observation that the above
resolution authorizes the notice of 60 days for the owner to take certain action and, if
that is not complied with, authorizes the Building Inspector to go to court; and explained
that Council should not expect, should the issue proceed to court, to have the
opportunity to review it beforehand and, if considered too costly, not have the court
deal with it, and that the above resolution does not put any financial responsibility on
the City at this time.
Question being taken, the motion was carried.
14. Tender - Condenser Replacement
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, the tender of Higgins & Wilson Refrigeration & Air Conditioning
Ltd., in the amount of $33,729 (all taxes included), be accepted for the supply and
installation of a new condenser unit in the Stu Hurley Arena.
Question being taken, the motion was carried.
15. Tender - Contract 94-1
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, contract 94-1, curb and sidewalk construction, be awarded to the
low tenderer, Fairville Construction Ltd., at the bid price of $2,003,908.55, as calculated
based upon estimated quantities, and that the Mayor and Common Clerk be authorized
to execute the necessary contract documents.
Question being taken, the motion was carried.
(Mayor Higgins withdrew from the meeting whereupon Deputy Mayor
McAlary assumed the chair.)
16. Tender - Contract 94-6
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended
by the City Manager, contract 94-6, water and sewer renewal Duke Street and Queen
Street, be awarded to Fairville Construction Ltd., at the tendered price of $257,480, as
calculated based upon estimated quantities, and that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
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COMMON COUNCIL
JUNE 13, 1994
17. Tender For Floor TilinQ
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that as recommended by the
City Manager, the tender of Floor Fashions Ltd., in the amount of $22,996 (all taxes
included), be accepted for the supply and installation of a new rubberized floor in the
Hilton Belyea Arena.
Question being taken, the motion was carried.
18. Tender For Gate Valve Box Components
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, the tender of Eddy Group be accepted for the supply of gate valve box
components for a twelve-month period, as per the prices contained in the submitted bid
summary.
Question being taken, the motion was carried.
(Councillors A. Vincent and M. Vincent withdrew from the meeting.)
19. Tender For Video Sewer Inspections
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that as recommended by
the City Manager, the supply agreement for the provision of T.V. sewer inspection
services for the Water and Sewerage Utility be awarded as indicated in the submitted
bid summary.
(Councillor A. Vincent re-entered the meeting.)
Councillor Rogers asked if the tender stated that certain aspects would
be grouped together for the awarding of the contract, to which Mr. Logan replied in the
negative in that it was not specifically stated that certain items would be blocked
together, but that basically it indicated what is normally indicated, that being that the
City would reserve the right to award the tender to the best advantage of the City.
Councillor Rogers expressed concern that, while one of the tenderers was low by
approximately $2 for the cleaning of sewers and cheaper by $15 on the rate for
downtime, the recommendation is for award to the other firm, to which Mr. Logan
explained that items 1, 2, 3 and 4 go together as a group for the reason that, while the
City is doing video inspections on the lines and if an obstacle is encountered that
requires that the sewer be cleaned, rather than have one company stand by while the
City calls another company in to clean the sewer, it was felt that where this is a very
small portion of the contract the price would not be a determining factor, and what
really determines the award on this are items 1 and 2 which constitute the bulk of this
particular contract and the majority of money is expended on actual video taping with
very little actually spent cleaning sewers or on downtime which is no fault of the
contractor.
Question being taken, the motion was carried with Councillor Rogers
voting "nay".
20. Proposal For Travel AQent Services
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COMMON COUNCIL
JUNE 13, 1994
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, the proposal of Harvey's Travel be accepted, as submitted, for travel
agent services, and that Harvey's Travel be appointed the official travel agent for the
City of Saint John for a period of one year, subject to review and extension, by Council,
at the end of that period.
Question being taken, the motion was carried.
(The Mayor re-entered the meeting and reassumed the chair.)
21. Rehabilitation of Gravel Pit
2740 Golden Grove Road
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, a sum of money, certificate of deposit, letter of credit or
guarantee, in the amount of $50,000, be accepted from Grove Construction (1986) Inc.,
as security to ensure the rehabilitation of the gravel pit at 2740 Golden Grove Road
(NBGIC Number 351239).
Question being taken, the motion was carried.
22. Rehabilitation of Gravel Pit
1003 Latimore Lake Road
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, a sum of money, certificate of deposit, letter of credit or
guarantee, in the amount of $59,000, be accepted from Thomas Construction Limited,
as security to ensure the rehabilitation of the gravel pit at 1003 Latimore Lake Road
(NBGIC Number 329409).
Question being taken, the motion was carried.
23. Collins Pit/ReveQetation
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the report from the
City Manager advising that J.D. Irving, Limited has worked, through the Department of
the Environment, on a pilot project to determine if the Irving Paper Mill clarifier paper
waste was acceptable as a soil additive where organic waste is needed; submitting a
copy of correspondence between the Company and the Department concerning
"conventional" land spreading applications which indicates that the project will be on
land known as the Collins Pit and located between Manawagonish Road and the
Throughway; and also advising that no permits are required from the City in regard to
this project -- be received and filed.
(Councillor Trites withdrew from and Councillor M. Vincent re-entered the
meeting.)
Question being taken, the motion was carried.
24. Pits And Quarries AQQreQate Resource StrateQY
On motion of Councillor Knibb
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COMMON COUNCIL
JUNE 13, 1994
Seconded by Councillor Coughlan
RESOLVED that the report from the
City Manager updating Council on the issues raised at the May 12 Council meeting on
the Pits and Quarries Aggregate Resource Strategy and outlining a short- and long-
term approach to deal with these issues -- be received and filed.
(Councillor Trites re-entered the meeting.)
Question being taken, the motion was carried.
25. HaulaQe Factor
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the report from the
City Manager responding to Council's request of March 21 for staff to provide a
comprehensive report dealing with the haulage factor in order that Council may fully
understand the rationale of applying it and the impact that it has on the evaluation of
tendered prices -- be received and filed.
Question being taken, the motion was carried.
26. Crown Street RetaininQ Wall
Read a report from the City Manager advising that the preferred solution
to a problem of an unstable slope on Crown Street between Mecklenburg Street and
Leinster Street involves the construction of a retaining wall and sloped embankment for
a distance of approximately 1,050 feet, and, while an application for funding assistance
under the Federal Infrastructure Program was approved by the Federal/Provincial
authorities, the project approved cost was arbitrarily established at $1 million with the
City's share of the project cost to be in excess of $2 million and, as the approval of the
project is based upon completion of the work by the end of March 1996, the City is
obviously faced with a major unexpected financial problem if the project is to proceed;
and submitting a recommendation in this regard.
On motion of Councillor Coughlan
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, staff continue discussions with the Provincial authorities to explore
options relative to decreasing the City's costs in the proposed Crown Street retaining
wall project and that staff proceed with a proposal call for engineering services for
design of the project.
Question being taken, the motion was carried.
27. Easement For Encroachment
"Old Public Road To Rothesay"
Read a report from the City Manager submitting a copy of
correspondence from the Legal Department advising of a request from Peter R.
Forestell, solicitor for the owners of property on the north side of Golden Grove Road,
for an easement to permit the encroachment of the corner of their building upon the
"old public road to Rothesay"; and recommending adoption of the submitted resolution
in this regard.
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that the Mayor and Common
Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a
grant of easement in favour of Kenneth A. Daley and A. Ann Daley, his wife, to permit
the encroachment of their building upon the "old public road to Rothesay", such
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COMMON COUNCIL
JUNE 13, 1994
easement to terminate with the destruction or removal of the encroachment.
Question being taken, the motion was carried.
28. Rockwood Park/Lilv Lake/Fisher Lakes
Read a report from the City Manager referring to Council's authorization
in Committee of the Whole on May 16 for staff to negotiate an agreement with the Y's
Men and the YMCA for lifeguard services, Pavilion operation and concessions within
Rockwood Park, excluding the Golf Course; and recommending approval of the
agreement in this regard.
On motion of Councillor Chase
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, Common Council approve the proposal of the Saint John YMNWCA and
046098 Ltd. (Y's Men) as outlined in the submitted agreement for the (1) operation of
the Lily Lake Pavilion; (2) provision of lifeguard services at Lily Lake; (3) operation of
the concession at Fisher Lake; and provision of lifeguard services at Fisher Lake; and
that the Mayor and Common Clerk be authorized to execute the agreement. (Rescinded
July 11, 1994 Bk. 84 Pg. 744 )
Councillor Rogers made the observation that in Committee of the Whole
she asked and it was agreed that the Moosehead Skate To Care event would be added
to condition .4 and the suggestion was made also that provision should be made for
three events, including the Air Atlantic Golf Tournament which is already referenced in
the proposed agreement.
Moved in amendment by Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that condition .4 of the above-
proposed agreement be amended to specify the Moosehead Skate To Care and the
Outdoor Speedskating Championship events. (Rescinded July 11,1994 Bk. 84 Pg. 744
)
The initial amendment proposed was to specify the Moosehead Skate To
Care event in condition .4 and, with regard to a possible third event, Councillor M.
Vincent advised that, while he cannot guarantee that there will be future outdoor
speedskating championships held at Lily Lake, he would like to know that the
opportunity exists should they be reactivated; and during discussion Mr. Todd advised
that, based on discussion with representatives of the Y's Men on the specific wording of
condition .4 proposed in Committee of the Whole, they had concerns with that wording
and suggested that, as illustrated in the agreement, they would cooperate with any
group that had traditionally used the facility and in no way would impede anything
planned there for next year; however, they do have a concern with the City taking use
of the facility three or four times in view of the length of the agreement because they
are incurring the cost of operating the facility and did not feel comfortable obligating
themselves to provide the facility free of charge; however, they did say that they would
work very closely with all those groups that traditionally have used it and would not in
any way stand in the way to any of those operations being successful. Councillor
Coughlan suggested that, as the Y's Men are a long outstanding respected institution in
the community and as the intention relative to those major events has been enunciated
very clearly through the City Manager, Council should not forget that, in its exercise of
efficient operation, the City of Saint John has gone to private enterprise and non-profit
groups with the request that they entertain options on various City operations; and
advised that he could not support the amendment as he is satisfied that this very
respectable, responsible group of gentlemen in the community will undertake to respect
the City's intention for them to continue with the events in question. The Mayor clarified
that the amendment is to include in condition .4, which already specifies the Air Atlantic
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JUNE 13, 1994
Golf Tournament, both the Skate To Care and the Outdoor Speedskating
Championship events.
Question being taken, the amendment to the motion was carried with
Councillor Coughlan voting "nay".
Question being taken, the motion as amended was carried.
29. Limitations On Filling Of "P"
Park Zoned Land Off Gifford Road
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the report from the
City Manager responding to a question asked at the May 30 Council meeting regarding
the J. D. Irving Limited application for a Municipal Plan amendment and re-zoning of
property off Gifford Road as to what limitations there would be on the Company to
place fill on land which is zoned "P" Park; and advising that the placing of fill, in a
manner similar to fill undertaken earlier, could continue under any zoning, including the
"P" Park zone provision, although development of additional buildings or expansion of
the existing building is not permitted -- be received and filed and a copy be forwarded
to Mr. Norman Bosse who initiated the inquiry.
(Councillor Coughlan withdrew from the meeting.)
Question being taken, the motion is carried.
30. Control of Stray Cats
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the report from the
City Manager commenting, in response to Anna Marie Hutton's letter to Council on May
30 about the control of stray cats, on the use of live traps which are available through
the Animal Rescue League, as well as on the use of smell barriers which cats do not
like; and advising that the Assistant By-Law Enforcement Officer has passed this
information to Ms. Hutton -- be received and filed.
Question being taken, the motion was carried.
31. Pollen Complaints - Summer 1994
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that the report from the City
Manager advising that the large quantity of yellow dust that has been spread over cars,
homes, driveways, etc., is not industrial pollution but pollen, and it is likely that this
period of heavy pollen release is almost over; and also advising that, as this material is
organic and does begin to deteriorate over time, it is a good idea to rinse the pollen off
vehicles and homes as it can become sticky and difficult to remove if left too long -- be
received and filed.
Question being taken, the motion was carried.
32. Municipal Plan Amendment
3636 Westfield Road
Read a letter from the Common Clerk advising that, following the
procedure for amendments to the Municipal Plan, the necessary advertising and public
presentation with regard to the submitted application of Saint John Marina Ltd. and
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JUNE 13, 1994
Loyalist City Boatworks have been completed, and that the required waiting period for
objections expired on June 8, with written objections having been received from Joseph
C. Oliver, Douglas Muzzerall, and Lynn A. Nason.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the application of
Saint John Marina Ltd. and Loyalist City Boatworks for a Municipal Plan amendment
and re-zoning of property at 3636 Westfield Road 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 July 25, 1994.
Question being taken, the motion was carried.
33(a). Municipal Plan Amendment
20 Church Avenue
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
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 containing former Fire Station #7, located at 20
Church Avenue (NBGIC Number 36574), from Major Institutional to District Centre
Commercial classification, be read a third time and enacted and the Corporate
Common Seal be affixed thereto.
The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was
read in its entirety.
Question being taken, the motion was carried.
33{b). Re-zoninQ 20 Church Avenue
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-342 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning a parcel of land containing former Fire
Station #7, located at 20 Church Avenue (NBGIC Number 36574), from "IL-2" Major
Institutional to "B-2" General Business classification, be read a third time and enacted
and the Corporate Common Seal be affixed thereto:
AND FURTHER that the said re-zoning be subject to a condition
pursuant to Section 39 of the Community Planning Act requiring the retention and
maintenance of the existing landscaped area, and parking area.
The by-law entitled, "By-Law Number C.P. 100-342 A Law To Amend
The Zoning By-Law Of The City Of Saint John", was read in its entirety.
(Councillor Coughlan re-entered the meeting.)
Question being taken, the motion was carried.
34(a). Municipal Plan Amendment
298-300 Main Street
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
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 containing former Fire Station #5, located at
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COMMON COUNCIL
JUNE 13, 1994
298-300 Main Street (NBGIC Number 374348), from Major Institutional to Commercial
classification, be read a third time and enacted and the Corporate Common Seal be
affixed thereto.
The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was
read in its entirety.
Question being taken, the motion was carried.
34{b). Re-ZoninQ 298-300 Main Street
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-343 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning a parcel of land containing former Fire
Station #5, located at 298-300 Main Street (NBGIC Number 374348), from "IL-2" Major
Institutional 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. 100-343 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.
(Councillor Chase withdrew from the meeting.)
35. Committee of the Whole Report
Read 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 May 31, 1994, when there were
present Mayor Higgins and Councillors Chase, Coughlan, Knibb, Landers, McAlary,
Rogers, Trites, A. Vincent and M. Vincent, and your committee submits the following
recommendations, namely:-
1. That as recommended by the Saint John Board of Police
Commissioners, the Establishment of the Saint John Police Force Civilian Support Staff
be reduced from twenty-nine (29) to twenty-eight (28) positions effective May 13, 1994.
2. That Council approve the use of funds from the Rockwood Court Trust
Fund to repay Saint John Non-Profit Housing lnc.'s loan, the current balance of which is
$27,417, relative to the family housing project located at the corner of Sydney and St.
James Street, known as Bicentennial Court.
3. That as recommended by the City Manager, the portion of land on the
corner of Boars Head Road and Millidge Avenue, identified as Parcel A and Parcel B
on the submitted plan, be sold to the Power Commission of the City of Saint John for a
price of $8,000.
4. That as recommended by the City Manager, (1) Common Council
resolution of January 4, 1977, regarding the acquisition of three easements from
Clearview Home Furnishings Ltd., be rescinded; and (2) Common Council authorize the
acquisition of two, 20-foot municipal services easements from Haldor (1972) Ltd. to be
located on the Haldor property at 428-434 Rothesay Avenue and as illustrated on the
submitted plan, for the price of $10,000.
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COMMON COUNCIL
JUNE 13, 1994
5. That as recommended by the City Manager, the Costing Clerk, Group 5
position in the Recreation Department be eliminated from the City's Local 486
Establishment and, in its place, a new position, Recreation Supervisor II, Group 6 be
created; and further that, if this position is filled by a current Recreation Supervisor I,
then the resulting vacant Recreation Supervisor I position be deleted from the
Recreation Department Establishment.
6. That as recommended by the City Manager, Common Council approve
the following Establishment/classification change for the Building & Technical Services
Department: (a) the position of Building Plans Examiner be reclassified from Group 7 to
Group 8; and (b) the vacant Assistant Building Inspector, Group 7 position be deleted
and replaced by the position of Technical Services Inspector, Group 6.
7. That as recommended by the City Manager, the position of
Administrative Assistant to the Mayor be classified as Non-Union, Group 5.
8. That as recommended by the City Manager, (1) Council accept the
general terms of agreement between Loyalist City Carriages and the City relative to
horse-drawn carriage rides in the Uptown Saint John area; (2) the City Solicitor be
directed to draw up a contract between Loyalist City Carriages and the City; and (3) the
Mayor and Common Clerk be authorized to execute the agreement between Loyalist
City Carriages and the City.
June 13, 1994,
Saint John, N.B.
Respectfully submitted,
(sgd.) Thomas J. Higgins,
C h air man.
35(1). Saint John Police Force Civilian Staff
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
35(2). Rockwood Court Trust Fund
On motion of Councillor Trites
Seconded by Councillor Rogers
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
35(3). Boars Head Road/MillidQe Avenue
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that section 3 of the above
report be adopted.
Question being taken, the motion was carried.
35(4). Easements - 428-434 Rothesay Avenue
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that section 4 of the above
report be adopted.
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JUNE 13, 1994
Question being taken, the motion was carried.
35(5). Recreation Department Establishment
On motion of Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that section 5 of the above
report be adopted.
Question being taken, the motion was carried.
35(6). BuildinQ & Technical Services Establishment
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that section 6 of the
above report be adopted.
(Councillor Chase re-entered the meeting.)
Question being taken, the motion was carried.
35(7). StaffinQ - Mayor's Office
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that section 7 of the
above report be adopted.
Question being taken, the motion was carried.
35(8). Loyalist City CarriaQes
On motion of Councillor Trites
Seconded by Deputy Mayor McAlary
RESOLVED that section 8 of the
above report be adopted.
Question being taken, the motion was carried.
36. Section 101 Agreement
1429-1433 Loch Lomond Road
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the Planning Advisory Committee, Common Council amend its resolution of August
3, 1993, to authorize a Section 101 Agreement with Paul Folkins with regard to 1429-
1433 Loch Lomond Road with condition (c) to read: "That security be provided to the
City in an amount determined by the Chief City Engineer to regrade the site to make it
suitable for future subdivision, and such security shall remain in force until one month
after the expiration of the Agreement.".
Question being taken, the motion was carried.
37. Subdivision - 806 ManawaQonish Road
On motion of Councillor Knibb
Seconded by Councillor Trites
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COMMON COUNCIL
JUNE 13, 1994
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted photo-reduced
subdivision plan of Lots 94-1 and 94-2 at 806 Manawagonish Road, as well as to any
required municipal services or utility easements.
Question being taken, the motion was carried.
38. EI Belgrano Property, 2102 Ocean Westway
Kenneth Lisson Property, 2203 Ocean Westway
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the Planning Advisory Committee, Common Council request the City Manager to
investigate the concerns expressed by residents of Ocean Westway regarding the
continuing unsightly condition of the so-called El Belgrano property at 2102 Ocean
Westway and the Kenneth Lisson property at 2203 Ocean Westway for enforcement of
applicable City by-laws.
Question being taken, the motion was carried.
39. Saint John Aquatic Centre Commission
LifeQuards at Dominion Park and Lakewood Reservoir
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the letter from the
Saint John Aquatic Centre Commission advising that, further to Common Council
resolution of May 30 regarding the staffing of Dominion Park and the Lakewood
Reservoir, the Commission at a special meeting adopted a resolution to make every
effort to operate with a reduction of its annual subsidy not to exceed $26,000 on the
understanding that the savings realized by this reduction will be used by the Recreation
Department to fund additional lifeguards to staff Dominion Park and the Lakewood
Reservoir; and also advising that the Commission chose this method to help in light of
the restrictions of its incorporation legislation (Bill 56) with regard to funding external
organizations -- be received and filed with appreciation.
Question being taken, the motion was carried.
40. Peter Parker - N.B. Special Event Promotions
On motion of Deputy Mayor McAlary
Seconded by Councillor Trites
RESOLVED that correspondence from Mr.
Peter Parker, N.B. Special Event Promotions, requesting the City to place an
advertisement in his business directory and entertainment guide -- be received and
filed.
Question being taken, the motion was carried.
41. Letters & Petition Re Adult Video Stores
On motion of Deputy Mayor McAlary
Seconded by Councillor Knibb
RESOLVED that the form letters from
those persons named on the submitted list urging Council to develop and implement a
by-law that would control the number and location of adult video stores in the City; and
the petition from St. Mark's United Church expressing concern about the growing use of
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videos in the City which contain hard-core pornography, and requesting Common
Council to study this matter and endeavour to curb the numbers of such videos being
sold or rented in the City -- be received and filed.
Question being taken, the motion was carried.
42. Carla Kelly - Wright Street
Backs of Homes & PlaVQround
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the letter from Carla
Kelly advising that she would like to see the back of the homes on Wright Street
cleaned up, especially the playground area, as well as to have cobblestone streets and
the water front opened up to the people once again -- be referred to the City Manager.
Question being taken, the motion was carried.
43. The Royal Canadian Naval Association, Burlington
Branch - Contribution To Naval Memorial Monument Fund
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the letter from The
Royal Canadian Naval Association, Burlington Branch, asking if the City of Saint John
would remember H.M.C.S. Saint John by making a contribution to the Naval Memorial
Monument Fund -- be received and filed and the various Royal Canadian Legion
branches be informed of this fund-raising effort.
Question being taken, the motion was carried.
44. Board of School Trustees, School
District No.8 - LifeQuard Services
On motion of Councillor Coughlan
Seconded by Deputy Mayor McAlary
RESOLVED that the letter from the
Board of School Trustees, School District No.8, requesting Council to review the matter
of lifeguard services and reinstate the service -- be received and filed.
Question being taken, the motion was carried.
45. Uptown Saint John Inc.
Marco Polo Project
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the letter from
Uptown Saint John Inc. indicating its support for the Marco Polo's "Green Field"
proposal, and encouraging Council to support this proposal -- be received and filed.
Question being taken, the motion was carried.
46. Mr. & Mrs. Kurt Dobson
Students at Forest Hills School
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On motion of Deputy Mayor McAlary
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr. &
Mrs. Kurt Dobson advising of their frustration with the destructive nature of the junior
high school students at Forest Hills School; and asking for Council's cooperation in
resolving this matter as quickly as possible before more serious damage is done -- be
referred to the City Manager.
The motion initially proposed by Councillor Knibb was to refer the above
letter to the Police Commission and the Community Centre in Forest Hills, whereupon
the Mayor called for a motion to refer it to the City Manager.
Question being taken, the motion was carried.
47. Anti-PornoQraphy Coalition
On motion of Councillor M. Vincent
Seconded by Deputy Mayor McAlary
RESOLVED that the letter from the
Anti-Pornography Coalition explaining, further to Common Council resolution of May 16,
the reference in its correspondence to four Councillors who are in support of the
Coalition's bid for a by-law and included the indication that silence means acceptance;
and advising that the Coalition's intent is not to cast doubts on the integrity of individual
Councillors and that it believes that Common Council is concerned about the
proliferation of pornography in the City of Saint John and does not want adult video
stores located closely to schools, residential areas or churches -- be received and filed.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk