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1995-01-09_Minutes 85-47 COMMON COUNCIL JANUARY 9, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of January, AD. 1995, at 4:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. Butler, Commissioner of Community Services; P. Woods, Deputy Commissioner of Finance; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Deputy Mayor McAlary called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meetings of Common Council, held on Tuesday, January 3, 1995, and Wednesday, January 4, 1995, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Deputy Mayor McAlary proclaimed January 1995 as Crime Stoppers Month in the City of Saint John; commended those involved in the Christmas Tree mulch at McAllister Place on January 8; and commented on the City's snow plowing service this year on the basis that the same service is being provided as was last year. 4. Tender For Hvdrofluosilicic Acid On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the tender of Stanchem Inc., as illustrated in the submitted summary of bids, be accepted for the supply of hydrofluosilicic acid for a period of 16 months from the date of award by Council. Question being taken, the motion was carried. 5. Amendments To DOQ Control Bv-Law Consideration was given to a report from the City Manager advising the intent to submit for Council's consideration within the next month a draft contract specifying quantifiable obligations for both the City and the Animal Rescue League in that, although no specific contractual relationship has ever been established between the City and the Animal Rescue League, the League has been acting as the animal control officer and carrying out functions under the Dog By-Law with respect to 85-48 COMMON COUNCIL JANUARY 9, 1995 patrolling, picking up, impounding and destroying loose dogs for many years; also advising that, during discussions with the Animal Rescue League, it was apparent that the League requires additional funding separate from the City grant, and the League has requested that the fee schedule in the Dog By-Law be amended and the fees for licensing be increased from the current $10 and $5 fee for unaltered and altered dogs, respectively, to $25 and $10 fees, respectively; further advising that, in conjunction with this change, the League will implement some administrative changes which will make the fee a more effective revenue source, and a number of sundry changes to the By- Law are also being recommended to Council, including increases in the impounding fee for dogs, the per day shelter fees and the breeder's licensing fee, as well as some wording clarifications; and recommending that the submitted proposed amendment to the Saint John Dog Control By-Law be enacted. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Saint John Dog Control By-Law be read a first time. During discussion Councillor M. Vincent advised that he would not support the proposed By-Law amendment as it puts a penalty on those people who are complying with the By-Law, being the ten per cent of the people who have dogs and license them, by increasing the licensing fee; and suggested that more should be done on the offenders' side, being those who are getting away with not buying a license and, under section 4(2) of the By-Law, can reclaim their dog if impounded. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". Read a first time the by-law to amend the Saint John Dog Control By- Law. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law to amend the Saint John Dog Control By-Law be read a second time. Read a second time the by-law to amend the Saint John Dog Control By- Law. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". 6. Enforcement Of Minimum Standards Bv-Law On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, further to Council's consideration on December 19, 1994 of a letter from the South Central Citizens Committee indicating that the Minimum Standards By-Law was not being enforced and that the City's housing stock was suffering as a result, it is proposed to examine the priorities of the Building & Technical Services Department to place a stronger focus on by-law enforcement and it is expected that a slight reallocation of resources will produce this result and allow more opportunity for minimum standard inspections, and also that the Building Inspector will meet with the South Central Citizens Committee as well as other groups to get their input into the ongoing process of change in priorities -- be received and filed and a copy be forwarded to the South Central Citizens Committee. Question being taken, the motion was carried. 85-49 COMMON COUNCIL JANUARY 9, 1995 7. Barber Shop Bv-Law Read a report from the City Manager advising that, further to Council's consideration on September 6, 1994 and January 3, 1995 of requests of Mr. Blaine R. Harris for the Barber Shop By-Law to be repealed, a poll of the hair-care industry was carried out in an attempt to find whether or not the general feeling among the practitioners was to have the By-Law repealed and approximately one-third of those receiving questionnaires responded, which could indicate that the remaining two thirds were unconcerned whether or not the By-Law would be repealed and, of those who responded, slightly more were in favour of repealing the By-Law than were against it; also advising that, from a staff perspective, there is no reason why the City should be regulating the hours of business for barber shops and, if the By-Law was repealed, barber shops would then have the same flexibility with respect to hours of operation as other retail/service outlets and those who wish to close on Monday would still have that option; and recommending that Council give first and second readings to the submitted By-Law to repeal the Barber Shop By-Law and, prior to third reading, Council provide the opportunity for any barbers to voice their concerns to Council. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "A By-Law To Repeal A By-Law Respecting The Early Closing Of Barber Shops", be read a first time. (Councillor Coughlan withdrew from the meeting.) Mr. Totten advised that he would attempt to provide information to Council on the last time someone was charged under the Barber Shop By-Law and if it has been enforced. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Repeal A By-Law Respecting The Early Closing of Barber Shops". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Repeal A By-Law Respecting The Early Closing Of Barber Shops", be read a second time. (Councillor Coughlan re-entered the meeting.) Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Repeal A By-Law Respecting The Early Closing of Barber Shops". Deputy Mayor McAlary suggested that the Common Clerk would advise any barbers who wish to voice their concerns about the above-proposed By-Law of the opportunity to do so. (Councillor Gould withdrew from the meeting as he was not present for the January 3 public hearing of the proposed Municipal Plan and Zoning By-Law amendments with respect to 555 Somerset Street.) 85-50 COMMON COUNCIL JANUARY 9, 1995 8(a). Municipal Plan Amendment 555 Somerset Street On motion of Councillor Knibb 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 located within the triangle formed by Somerset Street and the two branches of Rope Walk Road at 555 Somerset Street (NBGIC Number 55090211), from Open Space to Light Industrial 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. 8(b). Zoning By-Law Amendment 555 Somerset Street On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-359 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 within the triangle formed by Somerset Street and the two branches of Rope Walk Road at 555 Somerset Street (NBGIC Number 55090211), from "P" Park to "1-1" Light Industrial classification, 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) all parking areas, loading areas, aisles, manoeuvring areas and driveways must be paved with asphalt and enclosed by cast-in-place concrete curbs to protect landscaped areas and facilitate proper drainage; (b) adequate site drainage facilities must be provided in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer; (c) a concrete curb and sidewalk meeting City specifications must be installed along the Somerset Street frontage of the site, concrete curb only (no sidewalk) is required along the portion of the Rope Walk Road frontage of the site which is to be developed, and curbing of the driveway entrances shall extend onto the City rights-of-way to join with the street curbs; (d) outdoor storage, if any, must be located to the rear of the building with screening in the form of vegetation and/or a solid fence between the outdoor storage area and the street; (e) all disturbed areas of the site, which are not occupied by buildings, driveways, walkways, parking, loading or outdoor storage areas, must be landscaped, and the required landscaping must extend onto the City street rights-of-way to the edge of the curb (Rope Walk Road) or sidewalk (Somerset Street; (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, outdoor storage areas, signs, landscaped areas and other site features, and no building permit will be endorsed by the Development Officer (except site preparation and/or foundation) until the site plan is approved, such site plan to be attached to the building permit; and (g) all site improvements as shown on the site plan must be completed within one year of building permit approval. The by-law entitled, "By-Law Number C.P. 100-359 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 Gould re-entered the meeting.) 85-51 COMMON COUNCIL JANUARY 9, 1995 9. 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 Tuesday, January 3, 1995, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Knibb, Rogers, Trites and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council resolution of October 3, 1994 relative to the granting of an option to Public Works Canada be amended by adding the following words: "and including those parcels identified as "NBGIC #s 55088918, 37721, 38430, 37713 and 39941 ", after the words "as illustrated on the submitted plan". January 9, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 9(1). Amendment To October 3, 1994 Council Resolution Re Carleton Street Property Option On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 10. George Breen - Placement Of Mobile Home At 381 Churchland Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mr. George Breen requesting information on the request and approval for Janet Brockway to place a mobile home at 381 Churchland Road, as well as on the permit conditions of one- year approval, the procedure for removal after one year and the Zoning By-Law -- be referred to the City Manager. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk