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1995-12-04_Minutes 85-599 COMMON COUNCIL DECEMBER 4, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of December, AD. 1995, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, 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; B. Thompson, Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Pastor Walter Perry of the First Wesleyan Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on November 27, 1995, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary extended condolences to Councillor Stephen Fitzpatrick and his family, on the death of his brother, Robert Lloyd of Dartmouth, Nova Scotia, on November 28. Mayor McAlary congratulated Donville and Vivian Cormier of Riverview Drive on the celebration of their 50th wedding anniversary on December 6; noted that last week was St. Andrews Week and expressed appreciation to the members of the St. Andrews Society for their community work; and also noted the Saint John School of Nursing graduation ceremony earlier this date at the Imperial Theatre. 4. Terms Of 1995 Bond Issue On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to sign the debentures between the City and the New Brunswick Municipal Finance Corporation for $11,907,000 as follows:- term: 10 year, serial form; coupon rate: years 1 - 6.250%, 2 - $6.500%, 3 - 6.875%,4 - 7.125%, 5 - 7.250%,6 - 7.500%, 7 - 7.500%, 8 - 7.750%, 9 - 7.750%, 10 - 7.875%; price - $99.34; yield to maturity - 7.60%; settlement date- December 20, 1995. Mr. Wilson advised that only once in the last 10 years was the rate as low as the above average rate of 7.6% and also that, as in earlier projections staff was looking at as much as an average rate of about 8.5% to 9% and as 1 % on a $7 million bond issue worth $70,000, this has helped substantially in the budget deliberation for 1996 and beyond; and, as to the status of the City's objective to eliminate the need for long-term borrowing as questioned by Councillor Gould, advised that the City's long- 85-600 COMMON COUNCIL DECEMBER 4, 1995 term budgeting program of about 10 years ago was based on certain assumptions that would basically have seen the City bond-free or certainly not required to finance any longer by this time, and one of the main assumptions made was that the City would continue to expend capital money in the $4 to $5 million range as had been the case in the early and mid-1980s for normal capital work such as roads and streets; however, as Council is aware, the City has expended a lot of money on capital work during the last 3 or 4 years, highlighted primarily by the commitment to Harbour Station, the construction of two new fire stations and a pedway into the City Market and Harbour Station, which has all but eliminated the plan toward getting in a position where the City would not be issuing new debt, although the City has been able to meet its main objective of creating flexibility so as to be able to undertake capital work without increasing the tax rate. Question being taken, the motion was carried. 5. Zoning By-Law Text Amendment Section 880 - Gravel Pit Security On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-391 A Law To Amend The Zoning By-Law Of The City Of Saint John", by (1) deleting the word "Council" and substituting the words "Building Inspector" in subsection 880(6)(b); and (2) deleting the words "and approved by Common Council" in subsection 880(10) -- be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-391 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. 6. Business Improvement Levv Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number B-114-7 A Law To Amend The Business Improvement Levy By-Law", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number B-114-7 A Law To Amend The Business Improvement Levy By-Law", was read a third time. Question being taken, the motion was carried. 7. RepealinQ Of 17 Bv-Laws On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-laws entitled, "A By- Law To Repeal A By-Law Respecting Automobile June Yards In The City OF Saint John", "A By-Law To Repeal A Law Relating To Bill Boards Within The City of Saint John", "A By-Law To Repeal A Law To Restrain The Going At Large Of Cattle And To Define Pound Districts And To Provide For The Appointment Of Pound Keepers, And To Regulate The Impounding Of Cattle In The City Of Saint John", "A By-Law To Repeal A Law To Regulate And License Public Dance Halls In The City Of Saint John", "A By-Law To Repeal A By-Law Regulating The Erection, Repair And Maintenance Of Signs Within The City Of Saint John", "A By-Law To Repeal A Law Respecting The Construction Of Electric Light Signs And The Use Of Electric Current In Connection Therewith", "A By-Law To Repeal A Law To Protect The People Of Saint John From Harmful Effects Of 'Dense Smoke', And To Province For the Proper 'Cleaning Of Chimneys' In The City Of Saint John", "A By-Law To Repeal A Law To Regulate The Production And Emission Of Smoke In The City Of Saint John", "A By-Law To Repeal A 85-601 COMMON COUNCIL DECEMBER 4, 1995 By-Law Respecting Building Permit Fees In The City Of Saint John", "A By-Law To Repeal A Law To Provide For The Granting Of Licenses To Truckers, Who Are Not Farmers And Who Are Non-Residents Of The City Of Saint John, And Who Sell Farm Produce To The Retail Trade In The Said City", "A By-Law To Repeal A Law Governing The Operation Of Motor Vehicles Over Regular Routes Upon Any Highway Or Street Within The City Of Saint John For The Purpose Of Transporting Passengers For Hire", "A By-Law To Repeal A Law Relating To The Licensing And Regulating Of Motor Vehicles And Motor Trucks Within The City Of Saint John", "A By-Law To Repeal A Law Respecting Public Morals", "A By-Law To Repeal A Law Respecting 'Restaurants' In The City Of Saint John", "A By-Law To Repeal A Law To Provide For The Licensing Of Certain Business Establishments In The City Of Saint John", "A By-Law To Repeal A Law To Regulate The Sale Of Coal And Wood In The City Of Saint John", and "A By- Law To Repeal A Law Respecting Boxing And Wrestling In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-laws entitled, "A By-Law To Repeal A By-Law Respecting Automobile June Yards In The City OF Saint John", "A By-Law To Repeal A Law Relating To Bill Boards Within The City of Saint John", "A By-Law To Repeal A Law To Restrain The Going At Large Of Cattle And To Define Pound Districts And To Provide For The Appointment Of Pound Keepers, And To Regulate The Impounding Of Cattle In The City Of Saint John", "A By-Law To Repeal A Law To Regulate And License Public Dance Halls In The City Of Saint John", "A By-Law To Repeal A By-Law Regulating The Erection, Repair And Maintenance Of Signs Within The City Of Saint John", "A By-Law To Repeal A Law Respecting The Construction Of Electric Light Signs And The Use Of Electric Current In Connection Therewith", "A By-Law To Repeal A Law To Protect The People Of Saint John From Harmful Effects Of 'Dense Smoke', And To Province For the Proper 'Cleaning Of Chimneys' In The City Of Saint John", "A By-Law To Repeal A Law To Regulate The Production And Emission Of Smoke In The City Of Saint John", "A By-Law To Repeal A By-Law Respecting Building Permit Fees In The City Of Saint John", "A By-Law To Repeal A Law To Provide For The Granting Of Licenses To Truckers, Who Are Not Farmers And Who Are Non-Residents Of The City Of Saint John, And Who Sell Farm Produce To The Retail Trade In The Said City", "A By-Law To Repeal A Law Governing The Operation Of Motor Vehicles Over Regular Routes Upon Any Highway Or Street Within The City Of Saint John For The Purpose Of Transporting Passengers For Hire", "A By-Law To Repeal A Law Relating To The Licensing And Regulating Of Motor Vehicles And Motor Trucks Within The City Of Saint John", "A By-Law To Repeal A Law Respecting Public Morals", "A By-Law To Repeal A Law Respecting 'Restaurants' In The City Of Saint John", "A By-Law To Repeal A Law To Provide For The Licensing Of Certain Business Establishments In The City Of Saint John", "A By-Law To Repeal A Law To Regulate The Sale Of Coal And Wood In The City Of Saint John", and "A By-Law To Repeal A Law Respecting Boxing And Wrestling In The City Of Saint John", were read in their entirety. Question being taken, the motion was carried. 8. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on November 27, 1995, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council (1) authorize the purchase of the property at 165 Alma Street from Ms. Shirley Morrison acting as Power of Attorney for Ms. Doris Melanson for $1,500 plus applicable taxes on condition that: (a) Ms. Morrison accept this offer before December 31, 1995; (b) the City prepare the deed for transfer at its cost; and (c) title be transferred to the City of Saint 85-602 COMMON COUNCIL DECEMBER 4, 1995 John on or before March 1, 1996; and (2) authorize staff to negotiate an agreement with Mr. Carl Bates for the purchase of the property at 165 Alma Street with a further report to be presented to Common Council. December 4, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 8.1. Purchase Of 165 Alma Street On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 9. Knights Of Columbus' Request To Set Up Nativitv Scene In KinQ's Square On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Knights of Columbus, Bishop Lawrence S. McMahon Council, No. 937, requesting permission to once again set up a Nativity scene in King's Square for the Christmas Season -- be received and filed and permission be granted. Question being taken, the motion was carried. 9A. Mark T. Armstrong - Section 39 Amendment 4207 Loch Lomond Road On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the letter from Mr. Mark 1. Armstrong, Owner of the Airport General Store, further to the decision made by Council and his comments to Council at its last meeting with respect to an amendment to the Section 39 conditions of re-zoning of 4207 Loch Lomond Road -- be received and filed. The Mayor noted that the Section 39 amendment in question was the subject of a public hearing at Council's last meeting; and during discussion as to the process to place another motion on the floor should Council wish to defeat the above motion, Mr. Rodgers advised that this would depend on what the motion would be in that, if it were a motion to have the City Solicitor examine the matter to see if Council can do anything else if it so wishes, then that motion would be proper, but he would caution Council about a motion at this meeting to rescind last week's motion until he researches it. Question being taken, the motion was lost with Councillors Arthurs, Ball, Chase, Fitzpatrick, Gould and Vincent voting "nay". On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that the above matter be referred to the City Solicitor for review and comment. As to the Mayor's concern about referral of a matter of this nature and its possible precedence-setting, Mr. Rodgers suggested that Council should have the right to find out, if it so wishes, whether legally it can do anything about its decision made at the last meeting, and expressed the understanding that the above motion is to have him examine the matter from that point of view. 85-603 COMMON COUNCIL DECEMBER 4, 1995 Question being taken, the referral motion was carried with the Mayor and Councillors Brown, Knibb, Trites and Waldschutz voting "nay". Adjournment On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk