1995-03-06_Minutes
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COMMON COUNCIL
MARCH 6, 1995
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the sixth day of March, AD. 1995, at 4:00 o'clock p.m.
present
Shirley McAlary, Deputy Mayor
Councillors Chase, Gould, Knibb, Rogers, 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; J. Baird, Manager - Development
Division, Planning; B. Malone, Planner; 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 Reverend David
Nicholson, Pastor of Douglas Avenue Christian 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 February 27, 1995, be approved.
Councillor A Vincent asked the status of the report requested at the last
meeting on the issue of video game revenue, to which Deputy Mayor McAlary replied
that the City Manager would have a report for Council at the next meeting.
Question being taken, the motion was carried.
In response to Councillor A Vincent's request to place on the agenda of
this meeting a copy of the letter from Provincial Tax Commissioner Fraser L. Nicholson,
which accompanied the 1995 property tax bills, Deputy Mayor McAlary advised that, as
two-thirds of the total membership of Council is required to add items to the agenda
and there are not eight Council members in attendance at this meeting, no items can
be added to the agenda of this meeting.
(Councillor Chase entered the meeting.)
During discussion of the issue of adding items to the agenda and the
need for a two-thirds vote of the majority of the whole Council, or eight votes,
particularly with respect to the requests under item 21 of the agenda to address
proposed By-Law amendments under items 12 and 20, Deputy Mayor McAlary
suggested that Council could either adopt the recommendations under items 12 and 20
at this meeting, with no further information from the residents or the applicant, or could
table items 12, 20 and 21 until the next Council meeting at which time it could consider
giving three readings to the amendments in question, otherwise the process would
have to begin again; and made the observation that the same would apply for item 11.
Mr. Rodgers, having made the observation that this is not the normal situation with
respect to hearing the public as the public hearing has been held and is finished,
expressed the opinion that, with or without the question of eight votes, it is always
dangerous to have another so-called public hearing after the official public hearing is
finished as there is the question of whom to hear and, so even though it is at Council's
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discretion, if Council opens it up again, Council has to ensure that it proceeds in a
manner that is fair to both sides at the same time recognizing that it is not a public
hearing in the sense that the public, as such, has a right to speak. Mr. Rodgers
advised that, even if Council tables the matter at this meeting, Council cannot promise
too much until next week at which time, if there is the vote to do so, Council would have
to govern itself accordingly as to how far it wants to go with not a public hearing but the
fairness of letting people speak again.
3. Mayor's Remarks
Deputy Mayor McAlary proclaimed March 1995 as Epilepsy Awareness
Month in the City of Saint John; noted the March fund-raising campaign for the Kidney
Foundation of Canada; made the observation that, under the recently-announced
Federal budget, the overall Federal contribution to the Infrastructure Program remains
at $2 billion, but is now spread over 5 years, which means that it now covers a fifth
construction season, which will give the City of Saint John more time to use the funding
for the Western Beaches or North End projects; and distributed to Council members a
copy of the brochure outlining activities scheduled for St. Patrick's Week in Saint John
which commences on March 11.
4. David Cossaboon - Sidewalk VendinQ Sites
Mr. David Cossaboon addressed Council on the issue of vending sites,
further to his request at the last meeting and his February 13 presentation; and
suggested that, although he understands that City staff does not want the Tourist
Information Centre on Highway #1 used as a site for vending because of security and
an anticipated problem with additional seagulls being attracted to food vending, this
area could be used for a vendor selling something other than food, and that the same
could be done in Rockwood Park. Mr. Cossaboon expressed the understanding that
the Martello Tower site, as it is Federal property, could not be used for a vending site,
and that it is the intent of the operator of the Reversing Falls restaurant to build up the
picnic park; and explained that, because of problems last year in working out with the
City whether or not a hot dog cart is classified as a vehicle and in getting signage in
place, the site he had purchased was useless to him as he had bought it for Festival By
The Sea, which was pretty well over; therefore, he hopes that things can move along
more smoothly with the vending spots. Mr. Cossaboon suggested that the particular
parking meters could be left in place and a sign posted indicating that these spaces
would be used for vending after a certain time so that the City could have revenue from
parking during the day and from a vendor during the night-time hours, and also that
consideration could be given to lowering the price on the metered spots to the same
price as the sidewalk spots, rather than starting the metered spots off at such a high
price, thereby letting the users of metered spots bid as high as they want as each
vendor knows what the spot would be worth to him.
Mr. Cossaboon, in response to Councillor Chase, advised that, while
outside persons buying sites and leasing them back to others is still of concern, he has
no suggestion on how to resolve this; expressed agreement with an owner-operator
condition on the basis that it would not prevent him from having employees in that, as
he cannot work his machine himself, he wants to be able to hire people to work it; and
suggested that the number of spaces per person could be limited, with no provision to
lease them out to others.
5. Sidewalk VendinQ Sites & Auction
Consideration was given to a report from the City Manager advising that
the licenses expire on March 31 for the 15 sidewalk vending sites and 3 metered
vehicle sites offered by public auction subsequent to Council's approval in March 1994
of a new policy direction with respect to sidewalk vendors, and that staff is
recommending an auction date of March 23 for the vending sites to ensure that there is
no "lag" time between the issuing of the 1995 licenses and the expiry date of the 1994
licenses; also advising that, at an information meeting of prospective vendors and City
staff, there was no adverse reaction to setting a minimum bid of $200; and explaining
why City staff is recommending a rate of $500 for each of the three metered sites,
although the Parking Commission indicated that it would be seeking a minimum bid on
each of its three metered sites in the order of $3,000 for two of its sites and $1,500 for
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the third sites. The report lists suggested new sites and those which are not
recommended or acceptable; further advises that there are no additional metered sites
proposed for 1995, and the Parking Commission intends to move the site on Prince
William Street from in front of the Old Post Office building further down Prince William
Street to a location across from the Saint John High School, and that the inclusion of
the acceptable sidewalk sites, with the sites established last year, brings the total
number to 21 sidewalk sites (3 pending Planning Advisory Committee approval), and 3
metered sites; comments on other subjects discussed at the information meeting; and
submits a recommendation for Council's consideration.
A motion was proposed by Councillor Knibb and seconded by Councillor
Chase to adopt the City Manager's recommendation that Common Council (1) approve
for auction 6 additional sidewalk sites as detailed in the above report; (2) authorize the
Building Inspector to conduct an auction for sidewalk vending sites and subsequently
issue Sidewalk Vending Permits; (3) authorize a minimum bid of $200 for sidewalk
sites; and (4) authorize a minimum bid of $500 for each of the metered sites.
Following comments on the above matter by Messrs. Totten and
Edwards, Deputy Mayor McAlary expressed concern about the sub-leasing of vending
sites, as did Councillor Rogers, who expressed concern also about the lack of approval
for other vending sites, such as the Tourist Information Centre on Highway #1 and
Rockwood Park; and Councillor M. Vincent suggested that a condition could be added
to the bid process so that a person who bids on a particular site, and is successful,
cannot sub-let that space to another person, and also add, perhaps, without the written
consent of the City, and this would give the City control over who uses the spaces as
the City loses control when it allows a party to deal with a third party, and, in
questioning the legality of the City allowing sub-letting of sites in this manner, also
suggested that staff should take one more look at the control of sub-letting spaces after
the bid process, the latter with which Councillor Chase concurred.
The above motion was withdrawn with the consent of the mover and
seconder.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the above matter be
referred to the City Manager for a further report to Council in one week.
Question being taken, the referral motion was carried.
6. Tender For PrintinQ
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, the tender for printing tourist literature for 1995 be awarded as indicated
in the submitted summary of bids.
Question being taken, the motion was carried.
(Councillor Chase withdrew from the meeting.)
7. Security For Rehabilitation Of
Gravel Pit 2614 Golden Grove Road
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in
the amount of $20,000 be accepted from Galbraith Construction Ltd. as security to
ensure the rehabilitation of the gravel pit at 2614 Golden Grove Road (NBGIC Numbers
351650,350595,353250 and 55033310).
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Question being taken, the motion was carried.
8. Security For Rehabilitation Of
Gravel Pit 460 Latimore Lake Road
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that as recommended by the
City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the
amount of $15,000 be accepted from Fundy Bay Holdings Limited, as security to
ensure the rehabilitation of the gravel pit at 460 Latimore Lake Road (NBGIC Number
334565).
Question being taken, the motion was carried.
9. Security For Rehabilitation Of
Gravel Pit 395 Manchester Avenue
On motion of Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the
amount of $54,000 be accepted from Galbraith Equipment Company Limited, as
security to ensure the rehabilitation of the gravel pit at 395 Manchester Avenue (NBGIC
Number 408294).
Question being taken, the motion was carried.
10. ProQress Payments Contracts 93-12. 94-18
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that as recommended by the
City Manager, authority be granted for payment of the following construction progress
certificates, namely:-
1.
Contract 93-12, Supply and
Install 900 mm 0 Butterfly Valves
QM Construction Ltd.
Original estimated value of work
Total work done, Estimate Number 4
Retention
Payments previously approved
Sub-Total
G.ST Component
Sum recommended for payment, Progress
Estimate Number 4, dated February 16, 1995
Final holdback release
$ 5,316.06
$ 90,200.00
92,588.68
Nil
87,272.62
5,316.06
347.78
2.
Contract 94-18, Rothesay Avenue -
Boars Head Road Sewer Construction
David C. Francis Co. Ltd.
Original estimated value of work
Total work done, Estimate Number 3
Retention
Payments previously approved
Sub-Total
G.ST Component
Sum recommended for payment, Progress
Estimate Number 3, dated February 27, 1995
Partial holdback release.
$139,358.00
123,374.30
8,000.00
98,967.54
16,406.76
1,073.34
$ 16,406.76
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(Councillor Chase re-entered the meeting.)
Question being taken, the motion was carried.
11. Zoning By-Law Text Amendment
Section 520. 170 Charlotte Street
Consideration was given to a report from the City Manager advising that,
following the October 17, 1994 public hearing of Queen Square Auto Inc.'s application
for a Zoning By-Law text amendment with respect to 170 Charlotte Street, at which
Council gave first and second readings, the applicant advised at the end of January
that he had concluded negotiations with a property owner concerning site
improvements; submitting a copy of Planning staff's report to the Planning Advisory
Committee containing recommended amendments to the Committee's conditions based
on discussions with the applicant, which, unfortunately, the Committee was unable to
consider due to a lack of a quorum at its February 28 meeting; and explaining that, due
to statutory requirements, the application for amendment to the Zoning By-Law must be
adopted and submitted to the Minister for approval no later than March 20, otherwise
the eight-week approval process for Zoning By-Law amendments would have to begin
again. The report also explains that, although the matter of conditions has not been
fully resolved at this time as indicated in the submitted Planning staff report, the
applicant will still have an opportunity to appear before the Planning Advisory
Committee at a later date to request modifications to the Committee's conditions, until
which the conditions imposed by the Committee on October 12, 1994 would apply if the
applicant wishes to establish the car sales lot; and recommending that third reading be
given to the proposed amendment to the Zoning By-Law for 170 Charlotte Street.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-363 A Law To Amend The Zoning By-Law Of The City Of
Saint John", by adding a new sub-clause to Section 520(2)(d) to read as follows: "(iii)
notwithstanding sub-clause (i), a car sales lot may be located at 170 Charlotte Street
(NBGIC #5140).", be read a third time and enacted and the Corporate Common Seal
be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-363 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.
12. Municipal Plan Amendment And
Re-ZoninQ Mark Drive Property
Consideration was given to a report from the City Manager regarding the
application of Silver Falls Park Development Ltd. for a Municipal Plan amendment and
re-zoning of property on Mark Drive, which was tabled at the October 17, 1994 public
hearing with no readings given pending a recommendation from the Planning Advisory
Committee, and the subject of a report from the Planning Advisory Committee under
item 20 on the agenda of this meeting, as well as of requests under item 21 to address
Council; making the observation that, although the Planning Advisory Committee has
advised that it is unable to submit a recommendation to Council in sufficient time to
meet the Community Planning Act deadline for submission of the proposed
amendments to the Minister, Section 66(3) of the Act authorizes Council to proceed as
if the Committee had given a positive recommendation if the Committee fails to give its
views within thirty days of Council's referral of the application to the Committee, or
within such longer period as Council may decide; and supporting the applicant's
request that, if adopted, the proposed amendments not be filed in the Registry Office
until written consent is received from the owner in that granting it would permit the
applicant to withdraw the application if, for whatever reason, agreement is not reached
on future land exchanges with adjoining property owners. The report recommends that
Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan,
from Low Density Residential to District Centre Commercial classification, four parcels
of land located on both sides of Mark Drive, having a total area of approximately 14
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acres and NBGIC Numbers 313155 and part of 317248, as illustrated; (2) re-zone the
same parcels of land from "R-2" One- and Two-Family Residential, "RS-2" One- and
Two-Family Suburban Residential and "RM-1" Three-Storey Multiple Residential 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) a beverage room, club
or lounge will not be a permitted use on the subject lands; (b) no commercial
development is permitted on the subject lands until such time as land is vested in the
City of Saint John for realignment of Mark Drive; (c) no commercial development is
permitted on the subject lands, other than one lot at the corner of Mark Drive and Loch
Lomond Road and one lot on the east side of Mark Drive (adjacent to the Insulcan
property), until such time as the proposed realignment of Mark Drive is completed; and
(d) development of any lot shall be in accordance with detailed site plans, prepared by
the proponent of the development and subject to the approval of the Development
Officer, illustrating the location of all site features, including buildings and structures,
landscaping, paved driveways and parking areas, concrete curbs to protect landscaped
areas and facilitate proper drainage and location of signs; and (3) the amendments not
be filed in the Registry Office until written consent is received from the owner.
20. Municipal Plan Amendment And
Re-ZoninQ Mark Drive Property
Consideration was also given to a report from the Planning Advisory
Committee regarding the above matter advising that, while the Committee considered
at its November 8, 1994 meeting the submitted Planning staff report dated October 21 ,
1994, unfortunately the Committee was unable to form a quorum at its February 28
meeting to consider the submitted Planning staff report dated February 24, 1995, and
as a result it will not be possible for the Committee to make a formal recommendation
to Council.
21. (a) Douglas J. Brooks; (b) Stephen R. Cronk
(c) William C. Lewin; (d) Hughes Surveys &
Consultants Ltd. - Requests To Address
Proposed Municipal Plan Amendment,
Re-ZoninQ & Subdivision Mark Drive Property
Consideration was also given to letters from (a) Douglas J. Brooks; (b)
Stephen R. Cronk; (c) William C. Lewin; and (d) Hughes Surveys & Consultants Ltd.
requesting to address Council on Silver Falls Park Development Ltd.'s proposed
Municipal Plan amendment, re-zoning and subdivision of property on Mark Drive.
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, four parcels of land located on both sides of Mark Drive, having
a total area of approximately 14 acres and being NBGIC Numbers 313155 and part of
317248, from Low Density Residential to District Centre Commercial classification, be
read a first time.
Councillor Gould spoke against the above motion on the basis of his
understanding that, at the public hearing at which the developer and citizens appeared
before Council, there was more or less general agreement that extension of the Mall
could only go forward with the construction of the new Mark Drive alignment; in other
words, the citizens there were not prepared to accept one without the other and, while
he appreciates that action on this proposal has been delayed and a cutoff date is
approaching, questions have been raised as to when the Mark Drive alignment will be
completed and who will pay for it, and it is his belief that Council more or less made a
commitment to the citizens that it would not proceed with this proposal without tying
down the development of Mark Drive. Deputy Mayor McAlary suggested that Council
could proceed with first and second readings of the proposed By-Law amendments at
this time and table items 20 and 21 until the next meeting and allow the residents and
the applicant to be heard at that time prior to consideration of third readings, and that,
prior to the next meeting, staff, the applicant and the residents concerned could meet
on this issue. Councillor A. Vincent asked with whom staff has been dealing and the
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amount of money involved, to which Mr. Baird replied that staff has been dealing with
the various owners of the property between McAllister Drive, Mark Drive and McAllister
Place, including the owners of McAllister Place, Scottish Enterprises who owns the
property adjacent to McAllister Drive, Moose Mountain Farms who owns the intervening
property, and the applicant, Silver Falls Development; confirmed that staff has not
received any written indication from them that they will assume part of the cost; and
advised that discussions have centered on the owners of the adjacent properties
making application to Council to re-zone and subdivide for commercial development
and then undertaking to enter into development agreements to build the road,
whereupon Councillor A. Vincent expressed the view that development agreements
should be signed before the Mall addition is undertaken. In response to a concern
expressed by Councillor M. Vincent about creating an impression at this time that there
is a guarantee that Council will hear from the residents and applicant at the next
meeting, and the Deputy Mayor's observation that Council could table this matter until
the next meeting, Mr. Rodgers advised that, if no readings are given at this meeting
and Council expects to deal next week with three readings, a unanimous vote of
Council would be required at the next meeting to move from the second to the third
readings.
Question being taken, the motion was carried with Councillors Gould and
A. Vincent voting "nay".
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
On motion of Councillor Knibb
Seconded by Councillor Chase
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, four parcels of land located on both sides of Mark Drive, having
a total area of approximately 14 acres and being NBGIC Numbers 313155 and part of
317248, from Low Density Residential to District Centre Commercial classification, be
read a second time.
Question being taken, the motion was carried with Councillors Gould and
A. Vincent voting "nay".
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 Chase
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning four parcels of
land located on both sides of Mark Drive, having a total area of approximately 14 acres
and being NBGIC Numbers 313155 and part of 317248, pursuant to Section 39 of the
Community Planning Act as recommended by the City Manager, be read a first time.
Question being taken, the motion was carried with Councillors Gold and
A. Vincent voting "nay".
Read a first time the by-law to amend the Zoning By-Law of the City of
Saint John.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning four parcels of
land located on both sides of Mark Drive, having a total area of approximately 14 acres
and being NBGIC Numbers 313155 and part of 317248, pursuant to Section 39 of the
Community Planning Act as recommended by the City Manager, be read a second
time.
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Question being taken, the motion was carried with Councillors Gold and
A. Vincent voting "nay".
Read a second time the by-law to amend the Zoning By-Law of the City
of Saint John.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that items 20 and 21 be laid
on the table until the next meeting of Council, and that item 12 be received and filed.
Question being taken, the motion was carried.
Deputy Mayor McAlary advised that Council would have to vote at the
next meeting on whether or not to hear from the residents and the applicant.
13. Renewed Vision For Saint John
Read a report from the City Manager noting that Council approved at its
February 20 meeting the recommendation in the submitted letter from Councillor M.
Vincent and, based on this decision, plans have been prepared to hold one or more
public meetings and involve the Mayor, Deputy Mayor and members of Common
Council in a leadership role, the media, and agencies and organizations; setting out
three alternative options to assist Council in concluding how it wishes to proceed; and
recommending Alternative 2 as the most effective process to accomplish the purposes
proposed by Council, and the option of holding the second meeting, the working
session, after the end of April, to allow participants the time to review and prepare for
the second step.
Councillor Knibb expressed the understanding that, while the above
report speaks of vision statements, Council wanted to have a forum whereby those
interested citizens and particular groups could come forward and express their sense of
priorities so that Council would know where the community stands on projects prior to
sending a mission to Fredericton or Ottawa; and Councillor M. Vincent explained that
the main thrust of his letter to Council was that Council should take stronger action than
letter-writing by letting the people at the senior levels of government know what Council
needs and wants by sending a delegation to Ottawa and Fredericton to magnify the
importance of the issues that Council would bring forward in an endeavour to bring
back positive things for Saint John, still staying within the purview of the Strategic Plan,
but realizing that five or six years have gone by and that, for the remainder of this
Council's term and also for setting a considered path of travel for the incoming Council,
perhaps the Strategic Plan would be examined in some more detail; and that a large
cross-sectional representation be part of an assembly in the Council Chamber or some
other suitable facility where there could be dialogue, with Council in the leadership role,
senior staff in the administrative and facilitative role, and the various organizations to
work within their own structures to put together some of the background and
documentation, with a delegation, based on a priority role of Council, attempting to
make them a reality. Councillor M. Vincent clarified that it was not the intent for this
process to take two or three years to materialize, but rather to start right away; and
proposed that Council should move forthwith on Alternative 1, as described in the
above report, and add a paragraph to the effect that, after a meeting/s, Council would
list its objectives and, through the Mayor or Deputy Mayor whatever the case might be,
go to the appropriate senior levels of government to make them happen.
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that Council approve
Alternative 1, as described in the above report from the City Manager, with the addition
of step (k) in the process being to select a team to, when a list is established, approach
the other two levels of government.
Councillor M. Vincent advised that, if the City Manager could avail
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himself and if Council would permit him should the above motion be adopted, he would
like the opportunity to meet with the City Manager as soon as possible this week in an
attempt to have a report to Council at the next meeting.
Question being taken, the motion was carried.
13A. Proposed Section 39 Conditions, Adjacent
Residents' Concerns. 567 MillidQe Avenue
Consideration was given to a report from the City Manager regarding the
February 27 public hearing of a proposed Municipal Plan amendment and re-zoning of
567 Millidge Avenue at which time Council gave first and second readings to the
proposed amendments and the request was made for staff to meet with the signatories
of a letter, which supported the proposed use but objected to the range of additional
uses which would be permitted, to discuss the re-zoning and the proposed Section 39
conditions; advising that the following Section 39 conditions would satisfy the area
residents' concerns, such conditions being more specific and limiting than originally
recommended, with the changes suggested as different from the Planning Advisory
Committee's recommendations being in bold: (a) the use of the property be limited to
medical offices for two physicians, a medical laboratory, business office, no more than
two dwelling units and retailing of medical products and services for asthma or
allergies; (b) the development be limited to the existing building and the property be
developed according to a detailed site plan, which includes concrete curbing around
landscaped areas and directional signage for the driveways, subject to the approval of
the Development Officer; and (c) such improvements mentioned above be complete
within one year from the approval date of the change of use permit; and recommending
that this report be received and filed and that third reading be given to the re-zoning
with the modified Section 39 conditions.
Councillor Knibb proposed a motion, which was seconded by Councillor
Chase, for third reading of the proposed Zoning By-Law amendment and to receive and
file the above report, whereupon Mrs. Munford asked that Council deal with the above
recommendation prior to dealing with the proposed Municipal Plan and Zoning By-Law
amendments. The proposed motion was subsequently withdrawn.
(Councillor M. Vincent withdrew from the meeting.)
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, the above report be received and filed and third reading be given to the
proposed re-zoning with the modified Section 39 conditions as stated therein.
Question being taken, the motion was carried.
19. (a) Municipal Plan Amendment And
ebl Re-ZoninQ 567 MillidQe Avenue
19.eal
On motion of Councillor Knibb
Seconded by Councillor Chase
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 at 567 Millidge Avenue (NBGIC Number
41574), being the former site of the Jack and Jill Wee College, from Residential 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.
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19.ebl
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-364 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 567 Millidge Avenue
(NBGIC Number 41574), being the former site of the Jack and Jill Wee College, from
"IL-1 "" Neighbourhood 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 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
be limited to medical offices for two physicians, a medical laboratory, business office,
no more than two dwelling units and retailing of medical products and services for
asthma or allergies; (b) the development be limited to the existing building and the
property be developed according to a detailed site plan, which includes concrete
curbing around landscaped areas and directional signage for the driveways, subject to
the approval of the Development Officer; and (c) such improvements mentioned above
be complete within one year from the approval date of the change of use permit.
The by-law entitled, "By-Law Number C.P. 100-364 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.
14. Street Safety ProQram
Consideration was given to a letter from the Chief of Police submitting
information on the "Shout No" Campaign, a street safety program that goes hand-in-
hand with the existing, very successful Block Parent Program, its purpose being to help
children understand the dangers of child abductions and molestations that may
confront them on the street and to street-proof them against these dangers; advising
that, as a Police Force, this Campaign is considered to make a major contribution to the
safety and security of streets, and the Force is glad to be able to promote it, as well as
to make a contribution to it of $3,000; and urging Council to encourage the citizens of
Saint John to participate in this program.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that Council encourage the
citizens of Saint John to participate in the "Shout No" Campaign and congratulate the
Saint John Police Force on this program.
Chief Sherwood, in commenting on the above Campaign, advised that
the program, which is being aimed at age 5 and 6 year-old children, is being
coordinated by K-100 Radio Station and the Saint John Police Force, with Centennial
Pontiac Buick being a major sponsor, and involves the distribution of books and audio
tapes.
(Councillor M. Vincent re-entered the meeting.)
Question being taken, the motion was carried.
15. Expropriation Former
Shoreline Road Line
Read a report from the City Solicitor advising that, in accordance with
Common Council resolution of October 3, 1994, the City of Saint John filed with the
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MARCH 6, 1995
Expropriations Advisory Officer, on January 20, 1995, a Notice of Intention to
Expropriate from the Estate of Frances Margaret Hall one parcel of land which is a
portion of the former Shoreline Road Line located on the south side of Highway #1,
north of the City of Saint John's West sewer treatment plant, and that the
Expropriations Advisory Officer has advised that no Notice of Objection has been filed
with him within the time prescribed by the Expropriation Act, and the municipality may
now proceed in accordance with Section 19 of the Act; and recommending adoption of
the submitted resolution, if Common Council wishes to proceed, upon adoption of
which and registration of the Notice of Expropriation, the land will vest in the City of
Saint John.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the following resolution
be adopted:
"WHEREAS Common Council, by resolution dated October 3, 1994 authorized
the commencement of expropriation proceedings and the filing with the
Expropriations Advisory Officer of a Notice of Intention to Expropriate the lands
and premises hereinafter described;
AND WHEREAS a Notice of Intention to Expropriate the hereinafter described
lands and premises was filed with the Expropriations Advisory Officer on
January 20, 1995;
AND WHEREAS no Notice of Objection to the proposed expropriation was filed
with the Expropriations Advisory Officer within the time prescribed by statute;
AND WHEREAS Common Council wishes to confirm the Notice of Intention to
Expropriate:
NOW THEREFORE BE IT RESOLVED that the Common Council does hereby
confirm the Notice of Intention to Expropriate and does hereby authorize the
expropriation of the lands and premises described in Schedule "A" attached
hereto and the registering of a Notice of Expropriation of the lands and
premises described in Schedule "A" attached hereto in the Office of the
Registrar of Deeds in and for the County of Saint John;
AND FURTHER whereas Common Council has by resolution immediately
preceding these presents authorized the expropriation of lands and premises
described in Schedule "A" attached hereto;
AND WHEREAS section 22, subsection (1) of the Expropriation Act, Chapter E-
14, of the Revised Statutes of New Brunswick 1973, allows an expropriating
authority to take physical possession of expropriated lands and premises and
occupation as an owner of the date of registration of the Notice of Expropriation
if at that time no owner is in occupation of the land;
AND WHEREAS the lands and premises described in the resolution
immediately preceding these presents are not occupied by the owners:
NOW THEREFORE Common Council does hereby authorize the taking of
physical possession by the City of Saint John, the expropriating authority, of the
lands and premises described in Schedule "A" attached hereto on the date of
registration of the Notice of Expropriation."
SCHEDULE "A"
"All that certain lot, piece or parcel of land, situate lying and being in the City of Saint
John, in the County of Saint John, in the Province of New Brunswick being more
particularly described as follows:
Beginning at the intersection of the western boundary of Parcel "C" with the northern
boundary of the City of Saint John property (Lagoon Site) described in a deed filed in
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MARCH 6, 1995
the Saint John County Registry Office in document #208754 in book 555 at page 560.
Said point having New Brunswick grid coordinate values of easting 330408.923 metres
and northing 660 240.039 metres.
Thence on a New Brunswick grid azimuth of two hundred and thirty six degrees (2360)
twenty three minutes (23') fifty seconds (50") along the northern boundary of City of
Saint John property, a distance of one hundred and twenty and ninety six hundredths
metres (120.96m) to the beginning of a curve to the left.
Thence southwesterly along the arc of a curve to the left, said curve having a radius of
two hundred and seventy one and thirty four hundredths metres (271.34m), a distance
of thirty four and seventy two hundredths metres (34.72m) to the eastern boundary of
Parcel "A".
Thence on an azimuth of three hundred and forty six degrees (3460) twenty seven
minutes (27') thirty seconds (30") along the aforementioned eastern boundary of Parcel
"A", a distance of twenty two and forty five hundredths metres (22.45m) to the southern
boundary of Province of New Brunswick property (Department of Transportation)
described in a deed filed in the Saint John County Registry Office as document
#228432 in book 641 at page 631.
Thence northeasterly along the arc of a curve to the right, said curve having a radius of
two hundred and ninety one and forty six hundredths metres (291.46m), a distance of
twenty six and ninety seventy hundredths metres (26.97m) to the end of said curve.
Thence on an azimuth of fifty six degrees (560) twenty three minutes (23') fifty seconds
(50") continuing along the Province of New Brunswick property, a distance of one
hundred and twenty seven and forty four hundredths metres (127.44m) to the western
boundary of Parcel "C".
Thence on an azimuth of one hundred and sixty four degrees (1640) sixteen minutes
(16') fifty seconds (50") along the aforementioned western boundary of Parcel "C", a
distance of twenty one and fourteen hundredths metres (21.14m) to the place of
beginning.
A tract of land being designated as Parcel "B" and contains an area of 3,119 square
metres as shown on a Plan of Survey to Accompany Notice of Intention to Expropriate,
Property situate south of Fairville Boulevard, City of Saint John, Saint John County,
New Brunswick, prepared by Hughes Surveys & Consultants Ltd. on October 14, 1994
a copy of which is hereto attached and designated as Schedule "C".
The above described tract of land also being designated as Parcel "B" on a Plan of
Survey showing Manawagonish Creek Sewer Line Requirements of the City of Saint
John crossing various land interests, situate Manawagonish Creek, City of Saint John,
Saint John County, New Brunswick, prepared by Hughes Surveys & Consultants Ltd.
on April 5, 1994, said plan approved by the Development Officer for the City of Saint
John on December 14, 1994 and filed in the Office of the Registrar of Deeds for the
County of Saint John on December 16, 1994 as #200147."
Question being taken, the motion was carried.
16. Municipal Plan Amendment And
Re-ZoninQ 2219 Loch Lomond 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 regarding the submitted application of Dante Foriere, concerning property
at 2219 Loch Lomond Road, have been completed and the date for objections expired
on March 1, 1995, with no written objections having been received in this regard.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the application of Dante
Foriere for a Municipal Plan amendment and re-zoning of 2219 Loch Lomond Road be
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MARCH 6, 1995
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 April 10, 1995.
Question being taken, the motion was carried.
17. Municipal Plan Amendment And
Re-ZoninQ 244 & 250 Duke Street West
Read a letter from the Common Clerk advising that, following the
procedure for amendments to the Municipal Plan, the necessary advertising and public
presentation regarding the submitted application of Lester Trophies Ltd., concerning
property at 244 and 250 Duke Street West, have been completed and the date for
objections expired on March 1, 1995, with no written objections having been received in
this regard.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the application of
Lester Trophies Ltd. for a Municipal Plan amendment and re-zoning of 244 and 250
Duke Street West 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 April 10, 1995.
Question being taken, the motion was carried.
18.(a) Municipal Plan Amendment And
ebl Re-ZoninQ 867 Grandview Avenue
18.eal
On motion of Councillor Knibb
Seconded by Councillor Rogers
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 a frontage of 50 feet and approximately
100 feet in depth, located at 867 Grandview Avenue (NBGIC Number 434092), from
Low Density Residential 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.
18.ebl
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-365 A Law To Amend The Zoning By-Law Of The City of
Saint John", insofar as it concerns re-zoning a parcel of land with a frontage of 50 feet
and approximately 100 feet in depth, located at 867 Grandview Avenue (NBGIC
Number 434092), from "RM-1" Three-Storey Multiple Residential to "B-2" General
Business 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 a condition limiting the commercial use of the
property to a fish tackle and fly shop in the existing accessory building.
The by-law entitled, "By-Law Number C.P. 100-365 A Law To Amend
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MARCH 6, 1995
The Zoning By-Law Of The City of Saint John", was read in its entirety.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
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