1995-11-14_Minutes
85-563
COMMON COUNCIL
NOVEMBER 14,1995
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Tuesday, the fourteenth day of November, A.D. 1995, at 7:00 o'clock
p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb, Trites,
Vincent and Waldschutz
- and -
Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; C. Robichaud, Commissioner
of Municipal Operations; J. C. MacKinnon, Commissioner of
Environment and Development Services; P. Groody,
Commissioner of Human Resources; W. Butler, Commissioner of
Community Services; J. Baird, Manager, Community Planning;
W. Edwards, Building Inspector; G. Tait, Fire Chief; G. Watson,
Assistant Deputy Chief of Police; J. Bezanson, Heritage Planner;
Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary.
1. MeetinQ Called To Order - OpeninQ Prayer
Mayor McAlary called the meeting to order, and Reverend James
Webber of Forest Hills United Baptist Church, offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that minutes of the meetings of
Common Council, held on October 30, 1995 and November 6, 1995, be approved.
Question being taken, the motion was carried.
Mayor McAlary noted that the Aitken Bicentennial Centre will be holding
their Annual Festival of Trees from November 22 to 26 and invited Janice Boulos to
address Council. Mrs. Boulos presented invitations to the Mayor and Councillors to
attend the Festival which is put on by the Foundations of Centracare now called
Mindcare New Brunswick, St. Joseph's Hospital and the Saint John Regional Hospital;
noted that there will be 62 beautifully decorated trees, a silent auction, and a special
time for children called Santa's Secret Shop where they can buy gifts for family and
friends, displayed a painting by Ray Butler which will be auctioned off and invited all
citizens to attend this event.
Mayor McAlary made a presentation to Sharon McClure, General
Chairperson, and Linda Krauter, organizers of the recently held 1995 Sun Life Skate
Canada International event in Saint John in recognition and appreciation of their
outstanding commitment and contribution to its success on behalf of Common Council;
and noted that the 1997 World Junior Figure Skating Championships will be held in
Saint John.
3(a) Section 39 Amendment
20 Prince Edward Street
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed amendment to the conditions attached to the
1972 re-zoning of 20 Prince Edward Street (Prince Edward Square) (NBGIC Number
18275), to permit the installation of three additional facia signs to advertise a new
tenant, "Doolys", one sign facing Union Street, one sign facing Prince Edward Street
and one sign on the underground parking entrance facing the Uptown area, as
requested by H.C. Entertainment Co. Ltd., and no written objections were received in
this regard.
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COMMON COUNCIL
NOVEMBER 14,1995
3{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
November 7 at which no one appeared and no letters were received; and
recommending that, as the Committee would like to hear from the applicant regarding
the proposal, Council hold the public hearing as scheduled, but make no decision until
the Committee is able to make a recommendation to Council.
Mr. Hugh Chamberlain, owner of H.C. Entertainment Co. Ltd., speaking
in support of the application noted that staff of the Planning Department is only
recommending approval of one facia sign, and explained the reason for the request for
three signs; advised that he is willing to compromise and requested permission be
granted for a second sign facing Union Street on the parking garage.
Responding to a query from Councillor Knibb as to why he did not attend
the Planning Advisory Committee meeting, Mr. Chamberlain apologized for not
attending and explained he was busy getting the premises ready and forgot the date of
the meeting.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
Planning Advisory Committee, the application of H.C. Entertainment Co. Ltd. for an
amendment to the Section 39 conditions attached to the re-zoning of 20 Prince Edward
Street (Prince Edward Square), be laid on the table pending a recommendation from
the Planning Advisory Committee.
Question being taken, the tabling motion was carried.
4(a) Section 39 Amendment
515-519 Westmorland Road
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed amendment to a Section 39 Development
Agreement respecting McAllister Place at 515-519 Westmorland Road, to approve an
expanded development and revised conditions associated therewith, and Common
Council may also consider the imposition of conditions other than those requested by
the developer, as requested by McAllister Place Ltd. (Tritor Developments Ltd.), and
that no written objections were received in this regard, with 4{b) a letter having been
received from Mr. Brian W. Mosher, solicitor for the applicant, requesting that the
November 7, 1995 Planning Advisory Committee hearing and subsequent Common
Council hearing be postponed until January 1996.
On motion of Councillor Vincent
Seconded by Councillor Knibb
RESOLVED that the application of
McAllister Place Ltd. (Tritor Developments Ltd.) for an amendment to the Section 39
conditions of re-zoning of 515-519 Westmorland 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 Monday,
January 29, 1996 at 7:00 p.m.
Question being taken, the motion was carried.
5(a) Zoning By-Law Amendment To
Re-Zone 267 Rockland Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land at 267 Rockland
Road (NBGIC Number 25908), from "RM-1" Three-Storey Multiple Residential to "IL-1"
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COMMON COUNCIL
NOVEMBER 14,1995
Neighbourhood Institutional classification, to permit the continued use of the existing
building on a property as a licensed special care home, as requested by John and Lynn
Hoyt, and no written objections were received in this regard.
5{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and a letter in support of the
proposal, considered at the Committee's October 24 meeting at which the applicant
indicated support for the staff recommendation; and recommending that Common
Council re-zone a parcel of land at 267 Rockland Road (NBGIC Number 25908), from
"RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional
classification, subject to a resolution pursuant to Section 39 of the Community Planning
Act limiting the institutional use to a group care facility licensed by the Province as a
special care home for no more than twelve residents.
Mrs. Lynn Hoyt was present in support of the application and advised
that she and her husband would like to purchase the property and continue the use as
a special care home, that she has read the report from the Planning Advisory
Committee and it is satisfactory.
On motion of Councillor Knibb
Seconded by Councillor Brown
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 267 Rockland Road (NBGIC Number 25908), from "RM-1" Three-Storey Multiple
Residential to "IL-1" Neighbourhood Institutional classification, subject to a condition
pursuant to Section 39 of the Community Planning Act limiting the institutional use to a
group care facility licensed by the Province as a special care home for no more than
twelve residents, 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 Knibb
Seconded by Councillor Brown
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 267 Rockland Road (NBGIC Number 25908), from "RM-1" Three-Storey Multiple
Residential to "IL-1" Neighbourhood Institutional classification, subject to a condition
pursuant to Section 39 of the Community Planning Act limiting the institutional use to a
group care facility licensed by the Province as a special care home for no more than
twelve residents, 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 Councillor Vincent
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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COMMON COUNCIL
NOVEMBER 14,1995
6(a) Section 39 Amendment
20 Prince Edward Street
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed amendment to the Section 39 conditions attached
to the 1972 re-zoning of 20 Prince Edward Street (Prince Edward Square) (NBGIC
Number 18275), to permit the installation of a facia sign measuring 3.66 feet by 20 feet,
having an area of approximately 73 square feet, to advertise an existing tenant, "Prince
Edward Square Medical Group", to be located on the side of the building facing Union
Street, and no written objections were received in this regard.
6{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
November 7 at which no one appeared in this regard; and recommending that the
Section 39 conditions attached to the May 8, 1972 re-zoning of 20 Prince Edward
Street (NBGIC Number 18275), be amended to permit a facia sign advertising Prince
Edward Square Medical Group, having an area of approximately 75 square feet, to be
located on the side of the building facing Union Street.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, the Section 39 conditions attached to the May 8, 1972
re-zoning of 20 Prince Edward Street (NBGIC Number 18275), be amended to permit a
facia sign advertising Prince Edward Square Medical Group, having an area of
approximately 75 square feet, to be located on the side of the building facing Union
Street.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the above report from the
Planning Advisory Committee be received and filed.
Question being taken, the motion was carried.
7. Municipal Plan Amendment
2219 Loch Lomond Road
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 9-A from Stage 2 to Unstaged classification approximately
33 hectares (82 acres) of land at 2219 Loch Lomond Road, located along Loch
Lomond Road (between 2201 and 2281), Foriere Drive and Americo Road
(undeveloped), to permit re-zoning of the rear vacant properties to "RR" One-Family
Rural Residential classification, which allows for the development of one-family
residential lots with private on-site facilities, as requested by Mr. Dante Foriere.
12. Mavor's Remarks
Mayor McAlary proclaimed the week of November 6 to 10, 1995 as
Medical Radiation Technology Week in Saint John.
13. Canadian Coast Guard Fees
For Users Of Port Of Saint John
Read a letter from the Mayor submitting a copy of a draft letter to the
Minister of Fisheries and Oceans with respect to the proposal by the Canadian Coast
Guard to levy user fees for services provided at the Port of Saint John, and requesting
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COMMON COUNCIL
NOVEMBER 14,1995
Council's approval to forward the letter to The Honourable Brian Tobin with copies to be
forwarded to The Honourable Doug Young, Minister of Transport, Mr. Paul Zed, MP,
Mrs. Elsie Wayne, MP and the Saint John Gateway Council.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the above-noted letter
be forwarded to The Honourable Brian Tobin, Minister of Fisheries and Oceans.
Question being taken, the motion was carried.
14. 1995 Bond Issue
Consideration was given to a report from the City Manager advising that
the New Brunswick Municipal Finance Corporation is planning a bond issue in the near
future and while the issue will not be sold until the Corporation feels that rates are
reasonable, they have provided the following ranges within which the issue could be
sold: interest rate - not to exceed an average of 8.50%; price, net - not to be less than
$98 per $100 of debenture; and term - serial form to mature in equal annual amounts
over a term not to exceed 10 years; and recommending adoption of the submitted
recommendations in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that occasion having arisen in
the public interest of the following public civic works and needed civic improvements,
that is to say:
GENERAL FUND-
General Government:
City Hall Leasehold Improvements $104,645; Human Resource Project $265,933;
Computer Upgrade $427,450; Parking Meter - Hand Held Units - $61,723 -- $859,751
Protective Services:
Police Facilities $40,249; North End Fire Station $357,862; Millidge Avenue Fire Station
$15,886; King Street West Fire Station $9,635; Leinster Street Fire Station $33,819;
West Side Fire Station $238,339; Fire Apparatus $416,122 -- $1,111,912
Transportation Services:
Alpha Place $33,099; Alvic Place $13,246; Anthony's Cove Road $43,638; Argyle
Street $117,864; Bellevue Street $54,190; Boars Head Road $130,848; Brentwood
Crescent $5,159; Canterbury Street $275,440; Centre Street $10,403; Champlain Drive
$12,174; Chipseal $7,577; Church Avenue $36,240; Churchill Boulevard $24,221;
Churchill Boulevard (Extension) $82,464; City Line $24,219; Clarendon Street $75,686;
Clarence Street $47,303; Crown Street $53,371; Dominion Court $46,251; Duke Street
(C) $49,042; Duke Street (W) $13,993; Ellerdale Street $17,657; Forest City Street
$54,115; Garden Street Interchange $133,258; Germain Street (W) $8,542; Glenwood
Drive $6,175; Harvey Street $21,850; Havelock Street $12,537; Hickey Road $117,200;
Hillcrest Road $92,722; Jean Street $17,054; Kennebecasis Drive $70,875; Local
Drainage $98,063; Loch Lomond Road $93,522; Lorneville Road Chipseal $53,812;
Main Street (N) $204,691; Main Street (W) $5,153; Manawagonish Road $248,846;
Mansfield Street $26,418; Market Place $15,712; McAllister Drive $67,325; Metcalf
Street $117,438; Millidge Avenue $17,965; Mount Pleasant Avenue (C) $69,007; Mount
Pleasant Avenue (E) $25,397; Municipal Operations Complex $9,489; Newman Street
$7,123; Paradise Row $11,408; Park Avenue $148,967; Peel Street $7,732; Pine
Avenue $79,064; Range Road $34,190; Raynes Avenue $23,720; Rifle Range
$90,539; River Hill Drive $15,131; Rothesay Avenue $74,914; Royal parkway $8,008;
Sand Cove Road $55,483; Sewell Street $56,356; Simms Street $7,389; Somerset
Street $16,380; Stanley Street $38,619; St. James Street (W) $15,920; St. John Street
$43,194; St. John Street (W) $42,927; Sydney Street $17,327; Thomas Road $6,136;
Thorne
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COMMON COUNCIL
NOVEMBER 14,1995
Avenue $5,778; Union Street $109,930; Works Depot East $14,761; Works Depot
North $17,534; Works Depot Rothesay Avenue $75,572; Works Depot West $6,744--
$3,792,097
Environmental Health:
Spruce Lake Landfill Site -- $639,288
Environmental Development:
City Market - Germain Street $66,914; Pedway - Harbour Station $60,045; VIA Station
Relocation $53,300 -- $180,259
Recreation & Cultural:
Belyea Arena $23,291; City Market $52,905; Fallsview Park $16,269; Gorman Arena
$10,184; Hurley Arena $33,495; King's Square $7,851; King's Square Master Plan
$34,054; Lancaster Arena $89,486; Maintenance Building Adelaide $16,371;
Millidgeville Centre $21,157; North End Community Centre $9,493; Rockwood Park
$130,680; Upgrading - Memorial Field $8,457 -- $453,693
Public Transit -- $700,000
TOTAL GENERAL FUND $7,737,000
WATER & SEWERAGE UTILITY -
Water System:
CAD System $6,287; Canterbury Street $31,252; Clarendon Street $8,952; Cottage
Road Standpipe $10,398; Cranston Avenue $143,070; Duke Street $21,480; Edward
Street $108,152; Fire Hydrant Relocation $11,973; Jean Street $30,951; Lakewood
Avenue $26,425; Lead Services $34,171, Loch Lomond Road $41,899; Manawagonish
Road $165,717; Manners Sutton Road $22,540; Metcalf Street $7,179; Meter Readers
- Hand Held $32,627; Milford Road $181,969; Mill Street $46,126; Molson Avenue
$69,676; Mount Pleasant Avenue (E) $30,474; Park Street $24,077; Queen Street (C)
$149,232; Rayland Street $54,722; Rifle Range $47,700; Rothesay Avenue $162,958;
Service Renewal $116,854; Spruce Lake $61,783; St. John Street $90,148; Sydney
Street $64,137; Victoria Street (C) $31,726; Watersheds $58,598; West Side
Standpipe $33,540; Westmorland Road $54,532 -- $1,981,325
Sewer System:
Clarendon Street $6,913; Cranston Avenue $300,659; Duke Street $14,617; Edward
Street $167,142; Expansion Avenue $6,496; Fundy Drive $6,576; Glen Falls Lift
Station $20,153; Golden Grove Road $23,572; Jean Street $30,838; Lancaster
Sewage Treatment Plant $5,211; Lansdowne Avenue $5,485; Loch Lomond Road
$29,850; Milford Road $229,958; Molson Avenue $92,719; Mount Pleasant Avenue (E)
$22,209; Queen Street (C) $95,097; Rayland Avenue $78,311; Rifle Range
Rehabilitation $97,115; Sewer Laterals $27,422; Sewer Pipe $528,449; St. John Street
$63,917; Sydney Street 95,505; Victoria Street (C) $58,694; Walter Street $8,661;
Wastewater Pumping Stations $130,164; Wastewater Sewage Treatment Plant
$42,942 -- $2,188,675
TOTAL WATER & SEWERAGE UTILITY $4,170,000
TOTAL FOR ALL PURPOSES $11,907,000
THEREFORE RESOLVED that debentures be issued under provisions
of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto,
to the amount of $11,907,000:
AND FURTHER that subject to paragraph 3 of this resolution, the
Commissioner of Finance be authorized to issue and to sell to the New Brunswick
Municipal Finance Corporation (the "Corporation") a City of Saint John bond or
debenture in the principal amount of $11,907,000 on such terms and conditions as are
recommended by the Corporation:
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COMMON COUNCIL
NOVEMBER 14,1995
AND FURTHER that the City of Saint John agrees to issue post dated
cheques to the Corporation in payment of principal and interest charges on the above
bond or debenture as and when they are required by the Department of Municipalities,
Culture and Housing:
AND FURTHER that the Commissioner of Finance be hereby authorized
to receive an offer in connection with the foregoing debentures at a price not less than
$98.00 per $100 of debenture, at interest rates not to exceed an average of 8.50% and
at a term not to exceed 10 years:
AND FURTHER that the Commissioner of Finance report to Common
Council the exact values for price per $100 of debenture, interest rate and term in
years, together with the date of the issue for approval by Common Council.
Question being taken, the motion was carried.
15. 9-1-1 Civic Address ProQram
Consideration was given to a report from the City Manager noting
Council's approval on May 1, June 26, July 17, July 31 and August 28 of street names
as part of the 9-1-1 Civic Address Program; proposing that, consistent with other
municipalities in New Brunswick, new or replacement street signs be bilingual; and
submitting a recommendation with respect to various street name changes.
On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that as recommended by the
City Manager, Common Council adopt the following as "Official Street Names":
CATEGORY A: AmalQamation
Existing Street Name
Proposed Street Name
Lake Drive
Lake Drive East
CATEGORY B: Duplicate Street Name ChanQes
the portion of Hickey Road previously used for access from Loch
Lomond Road, between Loch Lomond Road and Hickey Road, be renamed
Bruce Lane.
the section of Saint Anne Street accessed from Westmorland Road be renamed
Floral Street.
the portion of Sand Cove Road between Lancaster Avenue and the Saint John
Throughway be renamed Lewin Close.
the section of Woodhaven Drive accessed from Hill Heights Road be renamed
Tudor Lane.
the portion of Bayside Drive at the entrance to McA vity Road be renamed
McAvity Road.
the section of First Street East presently accessed from River
Avenue be renamed River Avenue.
the section of Northumberland Avenue presently accessed from Rothesay
Avenue be renamed Spencer Street.
the portion of Station Road which is an extension to Highfield
Avenue be renamed Highfield Avenue.
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COMMON COUNCIL
NOVEMBER 14,1995
the portion of Pelton Road lying to the south of Sandy Point Road (lying
between Foster Thurston Drive and Sandy Point Road) be renamed Scenic
View Drive.
the portion of Britain Street between Germain Street and Charlotte Street be
renamed Ross Street.
that with regard to the portion of Crowley Road between Sandy Point Road and
Foster Thurston Drive, the said Foster Thurston Drive start at Sandy Point Road
and continue to Ashburn Road, and that Crowley Road start at its intersection
with Foster Thurston Drive.
that Graham Crescent be renamed Vista Ridge Crescent.
the portion of street connecting Water Street to Broad Street be
named Lower Cove Loop.
the portion of the North South Arterial Phase 1 between Paradise Rowand
Barker Street be named Somerset Street.
CATEGORY C: Un-named Roadwavs
EAST
Internal Reference
TMP6
TMP 7 A
TMP19
TMP 39
TMP 39A
TMP 46
TMP 51
TM P 52
TM P 53
TMP 57
SUQQested Name
Airport Service Road
Bolton Lane
Bennett Lane
Lawson Court
Celeste Court
Clay Works Lane
River Cove Lane
Hill Top Lane
Kirkpatrick Lane
Fort LaTour Drive
WEST
Internal Reference
TMP 47
TM P 63
TMP 64
SUQQested Name
Tilley Lane
Dunnedin Lane
Tipperary Court
Question being taken, the motion was carried.
16. Historic BuildinQ Preservation ProQram
Consideration was given to a letter from the City Manager advising that
in 1987 Council approved the establishment of the Grants for Historic Building
Preservation Program and as the program became more successful a Major Grant
program was initiated in 1989 and in 1990 the Federal Provincial UEDA (Urban
Economic Development Program) initiated a program of grants for buildings in the
Business Improvement area of New Brunswick; that in 1994 the grant program was
allotted $50,000 and at the latter part of the summer additional funding was allocated to
meet the demand and in 1995 the Board request $130,000 from the Capital Budget
and $80,000 was approved with an additional $20,000 approved for the Upper Floors
Grant Program; that the $80,000 budget for the Grants to Historic Building Preservation
Program has been depleted and there are several applications in progress, as well as
two projects which have been tabled; that the Upper Floor Grant money will not be
used in 1995 and given that both programs are focused at achieving compatible
objectives, the unallocated funds of the Upper Floor program should be transferred to
the Grants for Historic Building Preservation Program and submitting a
recommendation in this regard.
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COMMON COUNCIL
NOVEMBER 14,1995
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, approval be granted for an overexpenditure in the Grants for Historic
Building Preservation Program to an amount no greater than the unallocated funds
from the Upper Floor Grant Program.
Question being taken, the motion was carried.
17. Letter Of Agreement To Amend
Police Collective AQreement
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the City Manager, Common Council ratify the submitted Letter of Agreement with the
Saint John Policemen's Protective Association, C.U.P.E., Local 61, relating to
retirement pay, and authorize the Mayor and Common Clerk to execute the agreement
on behalf of the City.
Question being taken, the motion was carried.
17 A. DrainaQe Problem 1680 Red Head Road
Consideration was given to a report from the City Manager advising that
Council, at its meeting of October 2, 1995, referred a letter from James H. Turnbull,
owner of 1680 Red Head Road, concerning a drainage problem and advising that the
situation involves a drainage pattern that directs the drainage of this area of the Red
Head Road through the Turnbull property, and that this drainage pattern existed as an
open natural drainage course until such time as the Turnbulls acquired the property and
expanded their horse paddock; that the maintenance of the natural drainage course
was seen to be the responsibility of the property owner, and the Turnbulls have at
some time in the past, installed drainage pipe in the ditch and levelled the surface for
the use of their horses; that the maintenance and operation of a natural drainage
pattern located on private property and altered by the owner for his needs, such as the
subject case, is considered to be the responsibility of the property owner; and
submitting a recommendation in this regard.
Mr. Totten advised that he had discussions with the property owners this
date and visited the site and is requesting to have the report tabled until such time as
he meets with the owners.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the above-noted matter be
laid on the table pending a further report from the City Manager.
Question being taken, the tabling motion was carried.
18. City Market By-Law Amendment
November 19. December 24 OpeninQ
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"By-Law Number C-115-7 A By-Law To Amend A By-Law Relating To The Market In
The City of Saint John", with regard to the November 19 and December 24, 1995
opening, be read a third time and enacted and the Corporate Common Seal be affixed
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COMMON COUNCIL
NOVEMBER 14,1995
thereto.
The by-law entitled, "By-Law Number C-115-7 A By-Law To Amend A
By-Law Relating To The Market In The City of Saint John", was read in its entirety.
Question being taken, the motion was carried.
19. Zoning By-Law Text Amendment
Sanitary Landfills "1-2" Zone
On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-388 A Law To Amend The Zoning By-Law Of The City Of Saint
John", by (a) deleting the words "subject to subsection 2(e) and (f), municipal sanitary
landfill" and inserting the words "subject to subsection 2(e) and (h), a sanitary landfill" in
subsection 630(1)(b); (b) deleting the word "municipal" in subsection 630(2)(e); (c)
deleting the words "a municipal sanitary landfill" in subsection 630(2)(f); and (d) adding
a new subsection 630(2)(h) to read as follows: "(h) a sanitary landfill shall be enclosed
by natural buffering and/or constructed earth berms, be read a third time and enacted
and the Corporate Common Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-388 A Law to Amend The
Zoning By-Law Of The City Of Saint John", was read in its entirety.
Councillor Vincent advised he will be voting against the third reading, as
he did the first and second readings, that he has given his reasoning and considers this
a very wrong procedure for this Council to take.
Question being taken, the motion was carried with Councillors Fitzpatrick
and Vincent voting "nay".
8. Kenneth R. Lisson And Federal
Business Development Bank To Appear
Re Unsightly Condition Of Property
Located At 2199 Ocean Westwav
Notice had been given to Kenneth R. Lisson, and Federal Business
Development Bank to appear to show cause, if any, why Common Council should not
find the property at 2199 Ocean Westway to be in an unsightly condition.
Consideration was given to a report from the City Manager advising that
the property at 2199 Ocean Westway has again become unsightly, having been
cleaned up as result of a court order early in 1988, and, although the owner has
repeatedly agreed to remedy the situation, nothing substantive has been done to clean
up the property; submitting the particulars of the unsightly condition, as well as the work
needed to remedy the condition; and recommending that Common Council adopt the
submitted resolution identified as Schedule "F".
8{b)
Consideration was also given to a letter from the Business Development
Bank of Canada referring to the Notice to Appear served on the Federal Business
Development Bank on the basis that, as the account has been paid out, the Bank has
no interest in this property and will not be in attendance at the November 14 Common
Council meeting.
Mr. Edwards advised that staff has dealt with a large number of
complaints regarding the unsightly condition of the subject property; reviewed a brief
chronology of this property, noting that in 1979 there was an agreement signed
between Mr. Lisson and the City to construct a building to be used as a forklift sales
and service shop; PAC determined the use was similar to that of a service station and
granted variances and conditions; some of the conditions imposed include (1) the
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developer shall not have any outside storage without first obtaining permission from the
Planning Advisory Committee, and (2) the developer agrees that no machines, forklifts,
or related equipment or parts thereof shall be placed outside of the proposed building
so that they may be visible from Ocean Westway; shortly after the building was
constructed outside storage started and continued until in 1987 the City laid a charge in
Court; the Court ordered a cleanup and imposed a fine; the property was cleaned up,
however, it quickly deteriorated again and in 1988 the City was again in court and
Judge Taylor ordered the property to be cleaned up in 1992 the Building Inspection
Department began to send another series of violations notices to Mr. Lisson regarding
outdoor storage; in July 1994 several residents of the area appeared before the
Planning Advisory Committee to complain of the continuing unsightly condition of the
property and the Committee wrote to Council to ask that enforcement proceed; that in
January 1995 his department commenced another series of notices with respect to
outside storage; and recommended that Council adopt the submitted resolution.
Mr. Theodore Wilson, solicitor, appeared on behalf of Mr. Kenneth
Lisson, owner of the property, and requested he be permitted to reach some type of
compromise; that he is asking that Mr. Lisson have an opportunity to have the property
cleaned up and the matter be put over for a couple of meetings; that he will endeavour
to make an application to the Planning Advisory Committee for permission to put some
of the equipment at the rear of the property and erect a fence.
Mayor McAlary advised she has difficulty to understanding the reasoning
of a delay of two weeks, since Mr. Lisson has not tried to improve his property since
1978. Mr. Wilson replied that every time Mr. Lisson has been pushed, he has cleaned
up the mess and that he is hoping that within a couple of weeks it will be cleaned up;
that he has engaged a contractor to bring in full and put up a fence in the rear subject
to Planning Advisory Committee approval.
On motion of Councillor Vincent
Seconded by Councillor Fitzpatrick
RESOLVED that the following
resolution be adopted, namely:-
WHEREAS the records in the Saint John County Registry Office show Kenneth
R. Lisson to be the registered owner of the parcel of land (herein called "the subject
property") located at 2199 Ocean West-Way Highway in the City of Saint John in the
County of Saint John in the Province of New Brunswick, the said parcel of land being
identified as New Brunswick Geographic Information Corporation parcel 287219 on the
portion of the New Brunswick Geographic Information Corporation plan which was
submitted as Schedule "B" and being more particularly described in the Schedule "A"
which was submitted and was attached to the deed to Kenneth R. Lisson from Eugene
Arthur Galbraith et al which was dated December 15, 1960 and registered in the Saint
John County Registry Office on January 31, 1961 in Book 378 as Number 182659
beginning at Page 111; the said records also show that Kenneth and Doris Lisson
mortgaged the subject property to the Federal Business Development Bank, the
mortgages having been registered as instrument number 280238 and instrument
number 284031;
AND WHEREAS the subject 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" (herein called "the By-Law");
AND WHEREAS, contrary to the By-Law, the subject property is in an unsightly
condition because of damaged vehicles, vehicle parts, disassembled forklifts, wooden
pallets, engine assemblies, engine parts, steel drums, pieces of machinery, a
disassembled crawler loader, scrap metal, propane tanks, wheels, and tires being
located upon it in such a manner that they are easily visible and cause the subject
property to be unsightly to persons using Ocean West-Way Highway; the particulars of
the unsightly condition, as well as the work needed to remedy the condition, are set out
in the inspection report of Mr. David Crawford, Technical Services Engineer, which is
dated September 18, 1995, and was submitted as Schedule "C", the unsightly condition
of the subject property on July 25, 1995, is shown on the photographs which were
submitted as Schedule "D", the unsightly condition on September 18, 1995, is shown
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NOVEMBER 14,1995
on the photographs which were submitted as Schedule "E":
BE IT RESOLVED that Kenneth R. Lisson is hereby required to remedy the
unsightly condition of the subject property within 20 days of being served with a notice
from the Building Inspector of the City of Saint John, and Kenneth R. Lisson may
remedy the unsightly condition by disposing of the unsightly items or by moving them
inside of the building or by moving them to a suitable storage facility:
BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to
serve upon Kenneth R. Lisson, in accordance with section 190(4) of the Municipalities
Act, a notice which requires him to, within 20 days of service, remedy the unsightly
condition by disposing of the unsightly items or by moving them inside the building or
by moving them to a suitable storage facility:
AND BE IT FURTHER RESOLVED that in the event that Kenneth R. Lisson
does not comply with the Building Inspector's notice, then the Building Inspector is
authorized to apply to the Court of Queen's Bench of New Brunswick for an Order
which would require Kenneth R. Lisson to remedy the unsightly condition by disposing
of the unsightly items or by moving them inside of the building or by moving them to an
approved storage facility, and which would authorize the Building Inspector to cause
the removal and disposition of the unsightly items at the expense of Kenneth R. Lisson
in the event that he does not comply with the Order.
Question being taken, the motion was carried.
On motion of Councillor Gould
Seconded by Councillor Fitzpatrick
RESOLVED that the above report from
the City Manager be received and filed.
Question being taken, the motion was carried.
(Councillor Fitzpatrick withdrew from the meeting as he was not present
for the September 18 public hearing for the proposed re-zoning of 370 Boars Head
Road.)
20(a) Planning Advisory Committee
Re-Zoning & Subdivision
370 Boars Head Road
Consideration was given to a report from the Planning Advisory
Committee regarding the proposed re-zoning of 370 Boars Head Road, which was the
tabled by Council at the September 18 public hearing with no readings given;
submitting a copy of Planning staff's reports considered by the Committee at its
September 12 and October 24 meetings, the developer, Mr. Peter Pappas, having
appeared before the Committee and expressed objection to the staff report regarding
the proposed subdivision, but in support of the staff recommendation for re-zoning, and
Mr. Bourque, an area resident, also having appeared in objection to the requested re-
zoning and the subsequent development of two-family dwellings; also submitting copies
of three letters received from surrounding area residents; and recommending that the
application be denied.
20(b) Letters In Opposition & Request Of
Peter Pappas To Address Council
Consideration was also given to letters in opposition to the proposed re-
zoning, and a letter from the applicant, Peter and Jody Pappas, requesting to make a
presentation to Council regarding the proposed subdivision and re-zoning on Boars
Head Road (which were tabled by Council on November 6).
20{c) Isabel Martin Re Above
Consideration was also given to a letter from Isabel Martin expressing
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NOVEMBER 14,1995
opposition to the proposed re-zoning and subdivision of 370 Boars Head Road.
Councillor Knibb, speaking in support of the re-zoning, noted that the
letters of objection to the proposed re-zoning are all from residents of Woodward
Avenue who are concerned the construction of semi-detached dwellings will set a
precedent for the whole area, however, the subject lots front on Boars Head Road and
questioned the reason for opposition to the re-zoning. Referring to the undeveloped
road Caledonia Drive the Mayor questioned how this will affect the remainder of the
area. Mr. Baird advised that Caledonia Drive and an unnamed future street were laid
out a number of years ago so that the lots would be fronting on an internal street rather
than Boars Head Road, and the developer, from an economic perspective does not feel
he can go ahead unless it is laid out the way it is proposed and the City is not in a
position to completely build Caledonia at this time, so there is a concern that Planning
staff had in making the recommendation, in that it supported the re-zoning, but found
itself not in a position to support the manner in which the subdivision was taking place.
Responding to a query from Councillor Gould as to whether Boars Head
Road is designated as a collector road in the Millidgeville Secondary Plan, Mr. Baird
responded in the affirmative and advised that the status of collector road would not
prohibit the proposed development of these lots.
On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an
approximately 2466 square metre (26,545 square foot) portion of an undeveloped
property situated at the corner of Boars Head Road and Caledonia Drive
(undeveloped), (a portion of NBGIC Number 55062012) from "R-1 B" One-Family
Residential to "R-2" One- and Two-Family Residential classification, be read a first time.
Question being taken, the motion was carried with Councillor Gould
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 Trites
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an
approximately 2466 square metre (26,545 square foot) portion of an undeveloped
property situated at the corner of Boars Head Road and Caledonia Drive
(undeveloped), (a portion of NBGIC Number 55062012) from "R-1 B" One-Family
Residential to "R-2" One- and Two-Family Residential classification, be read a second
time.
Question being taken, the motion was carried with Councillor Gould
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 Brown
RESOLVED that the above
correspondence be received and filed.
Question being taken, the motion was carried.
(Councillor Fitzpatrick re-entered the meeting)
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NOVEMBER 14,1995
9. Saint John Free Public Library
CD-ROM Public Access CataloQue
Martha Edwards, Chairperson of the Saint John Free Public Library's
Board of Commissioners, was present at the meeting and, having recognized the
presence of Mr. Nicholas Barfoot and Malcolm Sommerville, Trustees, Regional
Librarian Eileen Travis, City Librarian, Ian Wilson, and Librarians Diane Buhay and
Barbara Malcolm, and Les Graham, Manager of the City's Data Processing
Department, read from a prepared brief expressing appreciation to Council and City
staff for the finances and technical support to load the Library's catalogues in CD-ROM
format and outlined the CD-ROM cataloguing services which provide up-to-date,
effective and efficient public library services; and introduced Barbara Malcolm and
Diane Buhay who gave a brief demonstration of the system.
21. Planning Advisory Committee
Street VestinQ 174 Main Street West
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council assent to the submitted photo-
reduced subdivision plan that would vest approximately a 5-square metre (16-square
foot) parcel of land into the Raynes Avenue right-of-way at 174 Main Street West.
Question being taken, the motion was carried.
22. Saint John Aquatic Centre Commission
Re Sheehan/Barr Associates
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the Saint
John Aquatic Centre Commission advising that, further to the request of Council, the
Commission has received a legal opinion regarding Sheehan/Barr Associates' request
for compensation, which confirms the Commission's stance that there is no legal
obligation on behalf of the Commission to Sheehan/Barr Associates -- be received and
filed.
Question being taken, the motion was carried.
22A. Saint John Parking Commission
Street Vendor Permits
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the letter from the Saint
John Parking Commission advising that the parking on King Square North has been
redesigned, resulting in the on street vendor site taking up three parking spaces and,
with the opening of Service New Brunswick in the former Calp's building, these spaces
will be in heavy demand; and requesting that Council reconsider its position in respect
to having a permit in this area -- be referred to the City Manager for a report.
Question being taken, the motion was carried.
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23. Sulo & Dorothea Backa
535 Westmorland Road
On motion of Councillor Vincent
Seconded by Councillor Waldschutz
RESOLVED that the letter from Sulo
and Dorothea Backa expressing concern about changes being made at 535
Westmorland Road (Westmorland Place) -- be referred to the City Manager for a
report.
Question being taken, the motion was carried.
24. Shirley Morrison
165 Alma Street
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Shirley
Morrison submitting a copy of a letter from the City's Real Estate & Facility
Management Department with respect to her offer to Council on October 10 for the City
to purchase 165 Alma Street; and requesting that this matter be reviewed by Council
with a view to providing a more realistic offer, possibly in the $5,000 range -- be
referred to the City Manager.
Mr. Totten noted that the City was approached to see if it had an interest
in purchasing the property, and it did not, however, given the situation staff did make
an offer which wasn't acceptable; and suggested the property is of no value to anyone
other than the adjacent property owners. Councillor Vincent asked that staff take
another look at the issue.
Question being taken, the motion was carried.
25(a) Multicultural Association Of Saint John
(b) Richard Mathieson Re Councillor's Remarks
About Name Proposed For Street RenaminQ
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the letters from (a) the
Multicultural Association of Saint John expressing displeasure with the remarks made
by Councillor Waldschutz after a presentation was made by Mr Victor Wojcik to rename
a street to Rue Mandella Road; and asking Councillor Waldschutz to make a public
apology to Mr. Victor Wojcik and to the citizens of Saint John for his conduct; and (b)
Mr. Richard Mathieson suggesting that this is not a time to even consider naming one
of the City streets for anyone outside Canada while so many modest unassuming
citizens who have given so much to and for the City remain unsung -- be received and
filed.
Question being taken, the motion was carried.
26. Peter A.D. Mill - CANTEC
Old General Hospital Property
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Mr. Peter
A.D. Mill of CANTEC, requesting to discuss with Council the matter contained within the
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NOVEMBER 14,1995
submitted document on the General Hospital development -- be received and filed.
Question being taken, the motion was carried.
27. Harold Mayes - Practice of Police Officers
AccompanvinQ Mavor At Official City Functions
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Mr.
Harold Mayes commenting on the decision that the Mayor will not be accompanied by a
police officer when attending official City functions --
be received and filed.
Several Council members expressed the opinion that the Mayor should
be accompanied by a police officer and that hopefully the matter will be appropriately
addressed.
Question being taken, the motion was carried.
10. Greater Saint John Teen PreQnancv Committee
The Honourable Jane Barry, Solicitor General, and Chair of the Steering
Committee of the Greater Saint John Teen Pregnancy Committee advised that the
Committee is composed of people all across Saint John and various community
organizations; noted the presence at the meeting of Committee members David Hayes,
Thelma Messer and Debbie McCormick; reminded Council that this is still an issue in
the community and asked that it take on an activity that will address this. David Hayes
gave a brief statistical overview to clarify the importance of the issue of teen pregnancy,
accompanied by a slide presentation, noting that the teen pregnancy rate in Saint John
County is twice the national average, that 2 out of 3 pregnant teens will leave school,
and that 80% of teen mothers are the sole providers of their children; noted that the
Committee originated just over a year ago in an effort to address the critical and costly
issue of teen pregnancy in the Greater Saint John area; that it is committed to creating
awareness of the impacts of teen pregnancy and finding solutions to reduce its
occurrence; noted that in addition to the Steering Committee there are three sub-
groups: Family Involvement, Access to Information, and Education, and outlined the
objectives of each sub-group; outlined the Committee's accomplishments and plans;
and welcomed Council's involvement in the establishment and/or enhancement of
effective dialogue, in partnerships, and in the creation or, in the improved accessibility
of programs and services in education, family/community support and information,
which would help find solutions to reduce the occurrence of teen pregnancy and to help
teens who have become parents at a young age to more confidently face a possible
lifetime of extraordinary challenges.
Responding to a query from Mayor McAlary as to whether there is an
education program in the local high schools, Deborah McCormick, Public Health Nurse,
advised that she works in the three high schools and each semester conducts a week-
long sexuality component through the health and physical education grade 10
component, in terms of junior high school there is a set curriculum developed by the
Provincial Education component and they have teachers trained in that specific area;
that the Committee is advocating for a segment of the school curriculum starting right at
kindergarten which would look at overall health, not just at teen pregnancy because
that is only a symptom of other problems.
The Mayor thanked the Committee for its presentation.
11. Preservation Review Board - 1995 Activities
And 1996 BudQet Proposal And Work ProQram
Mr. Don Gillis, past Chairman of the Preservation Review Board, was
present at the meeting, and expressed appreciation to Council for the opportunity to
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NOVEMBER 14,1995
serve on the Board, and to support staff for their assistance of the past six years.
Mr. Darroch White, Chairperson of the Board, reviewed the previously-
submitted 1995 annual review and proposed Programm and Budget for 1996; noted
that over 100 certificates of appropriateness have been approved, and funds for grants
for historic buildings program have been completely allocated and a number of
applications have been tabled pending additional funds and the year is not yet over;
advised that the Board has continued to focus on strategic planning and policy
development in response to concerns raised by customers in the preservations area;
the Canadian Board of Directors for the International Council of Historic Monuments
and Sites which is a world wide organization which advises the United Nations on
heritage matters chose Saint John as the site for their annual meeting; 1996 will be a
year of positive transition for the Board, the new approval process administered by the
Heritage Development Officer will permit a faster turn around time for applications and
the Board will continue to administer the grant program and deal with applications
which fall outside the development officer guidelines; and reviewed plans for Heritage
Week.
Mr. Bezanson, Heritage Planner, presented slides of developments in
the preservation area; referred to a lot on Canterbury Street where a parking structure
will be built next spring and noted that the Board recently approved an exception to the
by-law in order to grant a certificate of appropriateness in order to paint a mural
promoting the "Don't Kid Yourself" Teen Pregnancy Program.
Mr. White reviewed the 1996 capital and operating budgets; noting that
in 1996 the 50% Business Facade Improvement Grant available through the Province
in no longer available and the economy is on the upswing; the Board believes the
capital budget request for $100,000 is reasonable, and the proposed operating budget
for $23,250 has been frozen at the 1995 value; and paid special recognition to Don
Gillis for his long, judicious and fair minded work as Board chairman.
Mayor McAlary thanked the members of the Board for their efforts given
over the past few years in the heritage area. Councillor Brown noted that many of the
sidewalks in the uptown area have had their grades changed and water is being
diverted back towards the buildings which is eroding the brick and causing facings to
come off at the base and asked that this problem be looked into, as well as windows
which are now below ground level.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the presentation on behalf
of the Preservation Review Board with regard to the Board's 1995 activities and
proposed Program and Budget for 1996 -- be referred for consideration in the 1996
budget.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk