1996-07-02_Minutes
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JULY 2,1996
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Tuesday, the second day of July, AD. 1996, at 7:00 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; J. Nugent, City Solicitor; D.
Wilson, Commissioner of Finance; C. Robichaud, Commissioner
of Municipal Operations; J. C. MacKinnon, Commissioner of
Environment and Development Services; W. Butler,
Commissioner of Community Services; J. Baird, Manager,
Community Planning; D. Logan, Purchasing Agent; W. Edwards,
Building Inspector; G. Tait, Fire Chief; A Martin, Assistant 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 Reverend George Davis
of Saint John Alliance Church offered the opening prayer.
The Mayor welcomed to the Council Chamber The Honourable Jane
Barry, Solicitor General, who presented a cheque to the Mayor in the amount of
$19,500 reflecting the support given by the City to the Saint John Human Development
Council; and commented on her letters to Council, under item 38 on the agenda of this
meeting, with respect to a proposed Lou Murphy Park and traffic at the intersection of
Dever Road and the Lou Murphy Overpass.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that minutes of the meeting
of Common Council, held on June 17, 1996, be approved.
Question being taken, the motion was carried.
3(a) Municipal Plan Amendment &
(b) Re-Zoning 42 Broad Street
33 Broadview Street
251 Sydney Street
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to redesignate on
Schedule 2-A, the Future Land Use Plan, four parcels of land identified as 42 Broad
Street (NBGIC Numbers 331 and 55036248), having an area of 6,000 square feet, 33
Broadview Avenue (NBGIC Number 307), having an area of 1,875 square feet, and
251 Sydney Street (NBGIC Number 299), having an area of 8,000 square feet, from
Medium Density Residential to Light Industrial classification; and (b) the proposed re-
zoning of the same parcels of land from "RM-1" Three-Storey Multiple Residential to "1-
1" Light Industrial classification, to re-zone the subject properties to a Light Industrial
zoning classification to permit future expansion to an existing development, as
requested by Harris and Roome Supply Limited and the City of Saint John, and no
written objections were received in this regard.
3{c)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of the Planning staff's report in the above regard; and
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recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal
Development Plan, from Medium Density Residential to Light Industrial classification,
four parcels of land identified as 42 Broad Street (NBGIC Numbers 331 and
55036248), 33 Broadview Avenue (NBGIC Number 307), and 251 Sydney Street
(NBGIC Number 299); and (2)(a) re-zone the properties located at 42 Broad Street
(NBGIC Numbers 331 and 55036248) and 33 Broadview Avenue (NBGIC Number
307), from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial
classification, subject to a resolution pursuant to Section 39 of the Community Planning
Act limiting the use of the properties to warehousing facilities; and (2)(b) re-zone the
property located at 251 Sydney Street (NBGIC Number 299), from "RM-1" Three-Storey
Multiple Residential to "1-1" Light Industrial classification.
3{a)
On motion of Councillor Knibb
Seconded by Deputy Mayor 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 identified as 42 Broad Street (NBGIC
Numbers 331 and 55036248) having an area of 6,000 square feet, 33 Broadview
Avenue (NBGIC Number 307) having an area of 1,875 square feet, and 251 Sydney
Street (NBGIC Number 299) having an area of 8,000 square feet, from Medium Density
Residential to Light Industrial classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
On motion of Councillor Knibb
Seconded by Councillor Ball
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 identified as 42 Broad Street (NBGIC Numbers 331
and 55036248) having an area of 6,000 square feet, 33 Broadview Avenue (NBGIC
Number 307) having an area of 1,875 square feet, and 251 Sydney Street (NBGIC
Number 299) having an area of 8,000 square feet, from Medium Density Residential to
Light Industrial classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
3{b)
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns (1) re-zoning the
properties located at 42 Broad Street (NBGIC Numbers 331 and 55036248) having an
area of 6,000 square feet, and 33 Broadview Avenue (NBGIC Number 307) having an
area of 1,875 square feet, from "RM-1" Three-Storey Multiple Residential to "1-1" Light
Industrial classification, pursuant to Section 39 of the Community Planning Act as
recommended by the Planning Advisory Committee, and (2) re-zoning the property
located at 251 Sydney Street (NBGIC Number 299) having an area of 8,000 square
feet, from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial
classification, be read a first time.
Question being taken, the motion was carried.
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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 (1) re-zoning the
properties located at 42 Broad Street (NBGIC Numbers 331 and 55036248) having an
area of 6,000 square feet, and 33 Broadview Avenue (NBGIC Number 307) having an
area of 1,875 square feet, from "RM-1" Three-Storey Multiple Residential to "1-1" Light
Industrial classification, pursuant to Section 39 of the Community Planning Act as
recommended by the Planning Advisory Committee, and (2) re-zoning the property
located at 251 Sydney Street (NBGIC Number 299) having an area of 8,000 square
feet, from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial
classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-Law of the City
of Saint John.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the correspondence
regarding the above-proposed amendments be received and filed.
Question being taken, the motion was carried.
4(a) Municipal Plan Amendment And
(b) Re-ZoninQ 22. 26. 30. 32 Pokiok Road
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to redesignate on
Schedule 2-A, the Future Land Use Plan, the following properties: 22 Pokiok Road
(NBGIC Number 40295),26 Pokiok Road (NBGIC Numbers 55074280,40303 and
55097810),30 Pokiok Road (NBGIC Number 46672), and 32 Pokiok Road (NBGIC
Number 46680), from Open Space to Low Density Residential classification; and (b) the
proposed re-zoning of the same properties from "1-1" Light Industrial to "R-2" One- and
Two-Family Residential classification, to recognize the existing use of the properties for
residential purposes, as requested by the City of Saint John, and no written objections
were received in this regard.
4{c)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of the Planning staff's report in the above regard; and
recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal
Development Plan, from Open Space to Low Density Residential classification, the
following properties: 22 Pokiok Road (NBGIC Number 40295),26 Pokiok Road (NBGIC
Numbers 55074280,40303 and 55097810),30 Pokiok Road (NBGIC Number 46672),
and 32 Pokiok Road (NBGIC Number 46680); and (2) re-zone the same properties from
"1-1" Light Industrial to "R-2" One- and Two-Family Residential classification.
4{a)
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future
Land Use Plan, the following properties: 22 Pokiok Road (NBGIC Number 40295),26
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Pokiok Road (NBGIC Numbers 55074280,40303 and 55097810),30 Pokiok Road
(NBGIC Number 46672), and 32 Pokiok Road (NBGIC Number 46680), from Open
Space to Low Density Residential classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
On motion of Councillor Knibb
Seconded by Deputy Mayor 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, the following properties: 22 Pokiok Road (NBGIC Number
40295),26 Pokiok Road (NBGIC Numbers 55074280,40303 and 55097810),30
Pokiok Road (NBGIC Number 46672), and 32 Pokiok Road (NBGIC Number 46680),
from Open Space to Low Density Residential classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
4{b)
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 the following
properties: 22 Pokiok Road (NBGIC Number 40295),26 Pokiok Road (NBGIC Numbers
55074280,40303 and 55097810),30 Pokiok Road (NBGIC Number 46672), and 32
Pokiok Road (NBGIC Number 46680), from "1-1" Light Industrial to "R-2" One- and Two-
Family Residential classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-Law of the City of
Saint John.
On motion of Councillor 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 the following
properties: 22 Pokiok Road (NBGIC Number 40295),26 Pokiok Road (NBGIC Numbers
55074280,40303 and 55097810),30 Pokiok Road (NBGIC Number 46672), and 32
Pokiok Road (NBGIC Number 46680), from "1-1" Light Industrial to "R-2" One- and Two-
Family Residential classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-Law of the City
of Saint John.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the correspondence
regarding the above-proposed amendments be received and filed.
Question being taken, the motion was carried.
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5(a) Zoning By-Law Amendment To
Re-Zone 133 RaQQed Point Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of approximately 2.5 hectares (6.2
acres) of land at 133 Ragged Point Road (NBGIC Number 55024376), situated
adjacent to the Centre Scolaire Communautaire Samuel-de-Champlain, from "R-1 B"
One-Family Residential and "RS-2" One- and Two-Family Suburban Residential to "IL-
2" Major Institutional classification, to allow the development of a church, as requested
by Richard & Co. Architecture Inc., 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 the Planning staff's report in the above regard; and
recommending that Common Council (1) re-zone approximately 2.5 hectares (6.2
acres) of land situated at 133 Ragged Point Road (NBGIC Number 55024376), located
adjacent to the Centre Scolaire Communautaire Samuel-de-Champlain, from "R-1 B"
One-Family Residential and "RS-2" One- and Two-Family Suburban Residential to "IL-
2" Major Institutional classification, subject to a resolution pursuant to Section 39 of the
Community Planning Act setting out the following conditions: (a) the property be
developed in accordance with a detailed site plan, subject to the approval of the
Development Officer, that includes asphalt driveways and parking areas, concrete
curbing and sidewalks, and underground utilities; (b) municipal sewer, water and storm,
and concrete curbing and sidewalk be extended to the subject property to the
satisfaction of the Chief City Engineer; and (c) the required work be completed within
one year from the issuance of the building permit; and (2) authorize normal cost sharing
for the extension of municipal services for the proposed development to the extent
available for residential development in the Subdivision By-Law of the City of Saint
John.
Mr. Michael Richard of Richard & Co. Architecture Inc., appearing in
support of the above application, expressed agreement with the recommendation and
offered to respond to Council queries in this regard.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately
2.5 hectares (6.2 acres) of land at 133 Ragged Point Road (NBGIC Number
55024376), situated adjacent to the Centre Scolaire Communautaire Samuel-de-
Champlain, from "R-1 B" One-Family Residential and "RS-2" One- and Two-Family
Suburban Residential to "IL-2" Major Institutional classification, pursuant to Section 39
of the Community Planning Act as recommended by the Planning Advisory Committee,
be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-Law of the City of
Saint John.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately
2.5 hectares (6.2 acres) of land at 133 Ragged Point Road (NBGIC Number
55024376), situated adjacent to the Centre Scolaire Communautaire Samuel-de-
Champlain, from "R-1 B" One-Family Residential and "RS-2" One- and Two-Family
Suburban Residential to "IL-2" Major Institutional classification, pursuant to Section 39
of the Community Planning Act as recommended by the Planning Advisory Committee,
be read a second time.
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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 correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
6(a) Street Closing By-Law Amendment
Portion Of Old St. Andrews Road
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Street Closing By-Law amendment to close a
portion of Old St. Andrews Road, and no written objections were received in this
regard, with 6{b) letters having been received from Mr. Norman E. Smith and Mrs. Lynn
M. Adams.
Mr. George Hoyt of 76 School Bus Road, appearing in support of the
proposed Street Closing By-Law amendment, advised that he would rather that Old St.
Andrews Road be closed right to School Bus Road, rather than stopping short of that
point because, if that portion is left open, it would be public and could be used by all-
terrain vehicles and as a garbage dump, which would be a problem for him as he has a
garden adjacent to the portion of the property in question in which he has a substantial
monetary investment and he does not want it to be destroyed. Mr. Hoyt also advised
that, for over 25 years, he has maintained the piece of property from what used to be
the O'Dell property to the School Bus Road, by keeping it clean and free from garbage
and pruning and cutting trees. Mr. Hoyt explained that the portion of the Old St.
Andrews Road to which he is referring is 40.6 feet by 66 feet and adjoins School Bus
Road.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the by-law entitled, "A
By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In
The City Of Saint John", with respect to closing a portion of Old St. Andrews Road, be
read a first time.
In response to the Mayor's query as to the reason for the entire Old St.
Andrews Road not being closed, Mr. MacKinnon advised that Mr. Norman Smith, who
requested the change, is planning to build a home on Lot 006019 which is adjacent to
Mr. Hoyt's property and, in fact, the only access to the lot would be from the School Bus
Road and he would have to use the portion in question as his access to his lot.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A By-Law To Amend A By-Law
Respecting The Stopping Up And Closing Of Highways In The City Of Saint John".
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the by-law entitled, "A
By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In
The City Of Saint John", with respect to closing a portion of Old St. Andrews Road, be
read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A By-Law To Amend A By-Law
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Respecting The Stopping Up And Closing Of Highways In The City Of Saint John".
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
7. Mavor's Remarks
Mayor McAlary expressed appreciation to those involved in the 17th
Annual Acadian Games which were held in the City of Saint John on June 27 to 30,
and for the support given Jeux de L'Acadie, as well as to the organizers of and the
participants in the July 1 activities in the City in celebration of Canada Day; and noted
the forthcoming Jazz & Blues Festival on July 6 to 8, and the week-long Loyalist Days
Heritage Celebration '96 commencing July 7.
The Mayor displayed a design for the City's highway welcome signs
including the Loyalist Man symbol, which she advised was selected by Council further
to the discussion at the June 17, 1996 Council meeting.
Mayor McAlary extended best wishes to five Saint John citizens
representing New Brunswick at the Junior National Racquetball Championship in
Saskatoon. Councillor Waldschutz commented on Canada Day activities in the South
End, including the donation of flowers and planting of a perennial garden in Queen
Square, and commended members of the South End Little League for their
participation, as well as first and third prize winners of the Canada Day Poem Contest,
Muriel Chittick and Justine Galbraith.
8. Residential Tax Base Task Force
On motion of Councillor Ball
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Mayor
McAlary, Chairman of the Residential Tax Base Task Force, advising of the Task
Force's discussion on procedures, building permits and customer service provided by
City Hall and its opinion that the assistance of a facilitator would greatly benefit any
person or business desiring any of these services at City Hall, as well as the Task
Force's recommendation that the City Manager be requested to look into the creation of
a facilitator position as soon as possible -- be received and filed and the
recommendation adopted.
The Mayor clarified that the intent of the above recommendation would
not be to hire a new person at City Hall or add to the City's expenses, but rather to
have one person at City Hall who could facilitate in this manner.
Question being taken, the motion was carried.
9. Loyalist Days Street
Festival - Mardi Gras
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from
Councillor Knibb advising, with regret, the cancellation of the Loyalist Days Mardi Gras,
the street festival planned for July 10-13, 1996 on Prince William and Water Streets;
and noting activities planned for the Loyalist Days week-long celebration July 7 - 13 --
be received and filed.
Councillor Knibb distributed copies of a brochure of activities to be held
during Loyalist Days Heritage Celebration '96.
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Question being taken, the motion was carried.
10. Tender For Electronic Meters
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of J. J. MacKay Canada Ltd. be accepted for the purchase of
850 electronic parking meters, with the smart cart technology, and the City exercise
Option #2, as detailed in the Financial Implications section of the City Manager's
submitted report dated June 25, 1996, and provide payment over a two-year period -
$222,492 (net of trade-in, all taxes included) would be paid in 1996 and $45,135 (all
taxes included) would be paid in June 1997.
Councillor Waldschutz asked if it would be feasible to purchase a lesser
number of the new meters and covert the already-existing 120 electronic meters for use
in more remote areas of the City where smart card availability and capability would not
be of advantage. Mr. Logan explained that the cost to convert the meters to take a
one-dollar coin, notwithstanding that they could not take the smart card, was prohibitive
at approximately $100 per meter, and also that the meters are old.
Moved in amendment by Councillor Waldschutz
Seconded by Councillor Gould
RESOLVED that the above motion be
amended by inserting the words "up to" before the number "850".
Councillor Waldschutz suggested that the amendment would leave at
staff's discretion whether an amount less than 850 could be purchased.
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended was carried.
11. Tender For liquid Chlorine
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of Stanchem Inc. be accepted for the supply of liquid chlorine
for a period of twelve months from the date of award by Council, as indicated in the
submitted summary of bids.
Question being taken, the motion was carried.
12. Tender For Tires And Tubes
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, the tender for the establishment of a supply agreement for replacement
tires and tubes, for a period of one year from the date of award by Council, be awarded
to the lowest tenderer in each case as indicated in the submitted summary of bids.
Question being taken, the motion was carried.
13. Tender For Contract 96-11
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
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the City Manager, Contract 96-11 - Chipsealing 1996, be awarded to the low tenderer,
Atlantic Colas Limited, at the tendered price of $79,495.75, as calculated based upon
estimated quantities, and the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
Question being taken, the motion was carried.
14. Tender For Contract 96-12
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Contract 96-12 - Phase V Closure Spruce Lake Landfill, be awarded to
the low tenderer, Galbraith Construction Ltd., at the tendered price of $588,995, as
calculated based upon estimated quantities, and the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
15. lIIeQal DumpinQ
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the report from the
City Manager advising that, further to a verbal update in Committee of the Whole on
April 9, 1996 about an illegal dump site on Grandview Avenue, the material dumped at
this location has since been removed by the company responsible for the dumping and
the site has been rehabilitated; and informing Council of the extent of the problem of
illegal dumping in the City by commenting on the following sites of the 20-known sites
in the City: (1) King William Road, (2) Jones Drive, (3) McAllister Drive Industrial Park,
(4) Old Black River Road (various locations), (5) Ashburn Lake Road, and (6) Pipeline
Road -- be referred to the City Manager.
The initial motion proposed by Councillor Knibb and seconded by
Councillor Waldschutz was to adopt the City Manager's recommendation to receive and
file the above report. Councillor Brown expressed concern that receiving and filing the
report would mean that no plan of action would be put in place and incidents of illegal
dumping would only get worse with the implementation of new fees at the landfill, and
suggested that action should be taken to ensure that property owners are not made to
clean up garbage dumped on their property by others; and suggested that this matter
should referred back to staff for recommendations on what can be done in this regard.
During discussion Mr. Edwards commented on the basis of the difficulty of identifying
offending individuals, and on the importance of members of the public informing the
Building Inspector's Office whenever they become aware of illegal dumping in that a
few successful prosecutions would send a strong message to those who continue to
dump illegally, and the motion to receive and file was withdrawn with the consent of the
mover and seconder.
Question being taken, the referral motion was carried.
16. Establishment ChanQe
Consideration was given to a report from the City Manager proposing
that the Assistant Timekeeper position assigned to Water and Sewerage be deleted
from the Establishment and a position of Valve Truck Operator be added to the
Establishment, and advising that Local 18 and Human Resources agree with this
proposed Establishment change.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, one of the Assistant Timekeeper positions (Group 6) be deleted from
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the Establishment and a position of Valve Truck Operator (Group 6) be created.
Question being taken, the motion was carried.
17. Agreement With Seaside
Lawn BowlinQ Club
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council authorize the City to enter into an agreement with the
Seaside Lawn Bowling Club, based on the terms and conditions provided in the City
Manager's submitted report dated June 17, 1996, and the Mayor and Common Clerk be
authorized to execute the agreement; and further that Common Council permit the
Seaside Lawn Bowling Club to expand the building in Seaside Park.
(Councillor Vincent withdrew from the meeting.)
Question being taken, the motion was carried.
18. Easement For Encroachment
At 165-167 Visart Street
Read a report from the City Manager in response to a letter to Council on
June 17, 1996 from Mr. Roger M. LeBlanc requesting an easement to permit the
encroachment of his building at 165-167 Visart Street; and recommending adoption of
the submitted resolution in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the Mayor and Common
Clerk be authorized, in consideration of the payment of $1, to execute a grant of
easement in favour of Roger M. LeBlanc and Marilyn E. LeBlanc, the present owners,
to permit the encroachment of their building at 165-167 Visart Street upon the said
Visart Street, such easement to terminate with the destruction or removal of the
encroachment.
Question being taken, the motion was carried.
19. Sale Of Former Fire Lanes - St. Anne &
Rockcliffe. RidQe and Rockcliffe Streets
Read a report from the City Manager referring to previous Council
resolutions with respect to the former fire lanes between St. Anne and Rockcliffe
Streets and between Ridge and Rockcliffe Streets, of which about half of the 29
parcels created for disposal have already been sold; and requesting Council's approval
of a base price for all the remaining parcels which will then be offered to the adjoining
owners.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Common Council authorize the sale of the remaining parcels which
make up the former fire lanes on Ridge and Rockcliffe Streets to the owners of abutting
properties on the following conditions:- (a) the sale price be $400 plus GST for each
parcel; (b) should an abutting owner not wish to purchase his or her parcel, the next
abutting owner may purchase the parcel, the price for the second parcel to be $200 if
purchased at the same time as the parcel to which the abutting owner is entitled; and
(c) a non-refundable deposit of $200 received before December 31, 1996 will hold a
parcel until September 30, 1997 before which time the balance must be paid.
Question being taken, the motion was carried.
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20. Sandy Point And Crowley Roads
Land ExchanQe - Walter Peacock Estate
Consideration was given to a report from the City Manager
recommending that, as requested due to a death in the Peacock family for an
extension of the closing date on a land exchange with the City, Common Council
resolution of March 25, 1996 in this regard be amended.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council amend its resolution of March 25, 1996 approving an
exchange of properties on Crowley and Sandy Point Roads with the Estate of Walter
Peacock, whereby the closing date is changed to September 30, 1996.
Question being taken, the motion was carried.
21. Municipal Services Easement
7 Buena Vista Avenue
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council authorize the purchase of an approximately 237
square foot municipal services easement at 7 Buena Vista Avenue from Althea and
Robert Fudge at a cost of: (a) $1 per square foot; and (b) $700 to compensate for the
removal of landscaping improvements which may be replaced by the owner at the
owner's cost.
Question being taken, the motion was carried.
22. Municipal Services Easements
581 to 603 Rothesay Avenue
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council authorize the purchase of municipal services
easements as follows:- (1) 581 Rothesay Avenue - 495 square feet from Avis Dempster
at $1 per square foot; (2) 583 Rothesay Avenue - 495 square feet from Charles
Andrews at $1 per square foot plus $1,400 for replacement of a storage building; (3)
585 Rothesay Avenue - 990 square feet from Avis Dempster at $1 per square foot plus
$100 for asphalt disturbance and $150 per day business disruption (estimated total
$450); (4) 587 Rothesay Avenue - 990 square feet from James Richard at $1 per
square foot plus $100 for disturbing landscaping; (5) 589 Rothesay Avenue - 990
square feet from Stanley Conroy at $1 per square foot; (6) 591 Rothesay Avenue -
2,304 square feet from Doctor Bonner at $1 per square foot; (7) 595 Rothesay Avenue
- 1,453 square feet from Earle Hebert at $1 per square foot plus $200 for removing two
trees; (8) 597 Rothesay Avenue - 990 square feet from Earlen Getchell at $1 per
square foot plus $100 for removing one tree; (9) 599 Rothesay Avenue - 990 square
feet from David Fairweather at $1 per square foot plus $2,500 for demolishing a
garage; and (10) 601 Rothesay Avenue - 990 square feet from Craig Jones at $1 per
square foot.
Question being taken, the motion was carried.
23. Municipal Sewer Easement
75 Treadwell Drive
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COMMON COUNCIL
JULY 2,1996
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the City Manager, Common Council authorize the purchase of an approximately 1,614
square foot municipal services easement at 75 Treadwell Drive from Joan and James
Shillington at a cost of: (a) $2 per square foot; and (b) $100 to compensate for each
tree removed during construction, it having been estimated that up to 10 trees may
have to be removed.
Question being taken, the motion was carried.
24. Sale Of Freehold Interest
111 Winslow Street
Read a report from the City Manager advising that staff has been
negotiating and now reached an agreement with Mr. Lyman Purnell, solicitor for Mr. and
Mrs. Hannah for the sale of the City-owned property at 111 Winslow Street, which has
been leased and occupied by the Hannah residence; and submitting a recommendation
for the sale of this property.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended
by the City Manager, Common Council authorize the sale of the freehold interest in
property at 111 Winslow Street to James and Barbara Hannah for $3,000 plus GST,
with the purchaser being responsible for the payment of property and other taxes and
the cost of preparing a deed and other related documents.
(Councillor Trites withdrew from the meeting.)
Question being taken, the motion was carried.
25. Lease Renewals For Poster Panels
9-11 Paradise Row. 465 Bayside Drive
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Common Council authorize a five-year renewal of the leases for
poster panels at 9-11 Paradise Row (NBGIC Number 00028142) and 465 Bayside
Drive (NBGIC Number 00449368) with Mediacom Inc., subject to the following terms
and conditions:- (a) the renewals be effective July 1, 1996 with the balance due
between the expiry of the current leases and the new leases being paid prorata at the
current rate; (b) the term of the leases be five years; (c) the leases may be terminated
without cause on 30 days notice by either party; (d) the annual rent for each location to
be $700 for the first and second years, $750 for the third and fourth years, and $800
for the fifth year; (e) the annual rent to be paid in full on July 1 of each year; (f) the
leases may be not be reassigned; and (g) the leases may be renewed at the discretion
of the City.
Question being taken, the motion was carried.
26. Workforce Adjustment
Abolition Of Position
Consideration was given to a report from the City Manager advising that,
further to the elimination of sixteen positions under the Workforce Adjustment -An
Abolition of Position/Voluntary Retirement Option Policy, three additional positions were
identified prior to the June 30, 1996 extension of the Policy, and it is proposed that the
final application of the Policy be extended to July 5, 1996 for two positions only and to
September 30, 1996 for one position only, and that department heads, including the
Chief of Police, concur with the abolition of the positions identified, and the
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COMMON COUNCIL
JULY 2,1996
recommendation in this regard has been discussed with Local 486.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, Common Council approve that: (a) the following positions be formally
abolished from the Establishment, effective July 5, 1996 - Superintendent, and Traffic
Violations Clerk; (b) the Establishment of permanent positions be reduced from 709 to
708 and the Establishment of civilian positions of the Police Force be reduced from 23
to 22 as of July 5, 1996; (c) the following position be formally abolished from the
Establishment, effective September 30, 1996 - Director of Recreation; (d) the
Establishment of permanent positions be reduced from 708 to 707 as of September 30,
1996; and (e) the application of the Workforce Adjustment - An Abolition of
Position/Voluntary Retirement Option be extended to the above dates to cover those
positions only.
Question being taken, the motion was carried.
27. H.H. AnQus Report Re Harbour Station
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the report from the
City Manager advising of the course of action agreed upon by the General Managers of
both The Market Square Corporation and Harbour Station with respect to each
recommendation made in the H. H. Angus & Associates Limited's report with respect to
Harbour Station -- be received and filed.
(Councillors Trites and Vincent re-entered the meeting.)
Mr. Totten commented on the above item in conjunction with item 27 on
the agenda of this meeting from the point of view of his role in dealing with staff of both
Harbour Station and The Market Square Corporation and seeking approval for payment
of the invoices of H.H. Angus for the services provided to the City in this regard.
Councillor Gould re-iterated his request for, subject to the approval of the City Solicitor,
the release of the full H. H. Angus & Associates report dated April 1, 1996.
Question being taken, the motion was carried.
28. Payment Of Invoices
H.H. AnQus & Associates
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that as recommended by the
City Manager, Common Council approve the payment of $57,414.34 to H.H. Angus &
Associates Limited, as indicated in the submitted invoices, for services rendered with
respect to Harbour Station.
Question being taken, the motion was carried.
29(a) Municipal Plan Amendment And
(b) Re-ZoninQ 258 Golden Grove Road
29{a)
On motion of Councillor Knibb
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COMMON COUNCIL
JULY 2,1996
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future
Land Use Plan, a property located at 258 Golden Grove Road (NBGIC Number
311613), from Open Space to Low Density Residential classification, be read a third
time and enacted and the Common Corporate 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 with Councillor Fitzpatrick
voting "nay".
29{b)
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-409 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning a property located at 258 Golden Grove
Road (NBGIC Number 311613), from "RS-1" One- and Two-Family Suburban
Residential to "R-4" Four-Family Residential classification, be read a third time and
enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-409 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 with Councillor Fitzpatrick
voting "nay".
30. Zoning By-Law Text
Amendment Re FencinQ
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-410 A Law To Amend The Zoning By-Law Of The City of
Saint John" by: (1) deleting Section 830(3)(a)(ii) and (iii) and replacing it with the
following: "(ii) 2.0 metres, if located in an 'R' zone; or (iii) 2.5 metres, if located in a zone
other than an 'R' zone."; and (2) deleting Section 830(3)(b) and replacing it with the
following: "(b) Other than one in excess of 2 metres and located in a zone other than an
'R' zone, not be constructed of barbed wire or have at the top thereof barbed wires,
broken glass or other pointed objects.", be read a third time and enacted and the
Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-410 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.
31. Zoning By-Law Text Amendment
5-7 And 9-13 Chipman Hill
On motion of Councillor Waldschutz
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-411 A Law To Amend The Zoning By-Law Of The City Of Saint
John", by adding a new Section 540(3)(c)(i) to read as follows:- "(i) notwithstanding (c)
above, dwelling units may be located below the second storey of the buildings at 5-7
and 9-13 Chipman Hill, having NBGIC Numbers 39263 and 39255, respectively.", be
read a third time and enacted and the Common Corporate Seal be affixed thereto.
Councillor Waldschutz, a member of the Preservation Review Board,
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COMMON COUNCIL
JULY 2,1996
commented on the historical significance and value of the murals and paintings in the
above properties, referring to photographs (copies of which were distributed to Council
members at this meeting).
The by-law entitled, "By-Law Number C.P. 100-411 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.
32. Zoning By-Law Text Amendment
Definitions In "AE" Zone
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-412 A Law To Amend The Zoning By-Law Of The City of
Saint John", by (1) adding to the end of the existing definition of "amusement place" the
phase, ", but not including an adult entertainment facility or massage parlour, as
defined in this by-law."; (2) adding to the end of the existing definition of "retail store",
the phrase, ", but not including an adult bookstore or video rental, as defined in this by-
law. "; and (3) adding a new definition to read "'partial nudity' means the exposing to
view the genital areas of a male or the exposing to view of the genital areas or nipples
of the breasts of a female;", be read a third time and enacted and the Common
Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-412 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.
The Mayor, in asking Council's consideration of item 33 at this time,
suggested that Council might also wish to bring forward item 46, whereupon a motion
was proposed by Councillor Knibb and seconded by Councillor Waldschutz that third
reading be given to the proposed Zoning By-Law amendment with respect to Crane
Mountain. Councillor Fitzpatrick suggested that Council should first deal with item 46,
and the mover of the motion for third reading agreed to delay the motion.
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor Chase
RESOLVED that item 46 be brought
forward for consideration at this time.
Question being taken, the motion was carried.
46. River Road Concerned Citizens
Committee - Crane Mountain Re-ZoninQ
Consideration was given to a letter from Mr. David R. Bowen, Chairman
of the River Road Concerned Citizens Committee, reminding Council of his request at
the June 17, 1996 public hearing, as well as an earlier public hearing, with respect to
Crane Mountain for the City Solicitor to address a number of issues he raised at that
time; and advising that he trusts that Mr. Nugent will address all issues raised with
respect to the Municipal Development Plan prior to third reading being considered.
A motion was proposed by Deputy Mayor Chase, and seconded by
Councillor Vincent, that the City Solicitor be asked to address what he can as to the
matters raised by the participant in the above matter at Council's last meeting.
Mr. Nugent advised that, having reviewed the material available in his
file, he was unable to find any specific issues which Mr. Bowen had raised; however, if
there are questions that Mr. Bowen has with respect to the Municipal Development Plan
as he alludes to in the above letter and if Council so wishes him to address them, he
most certainly would, but he would first need to have a clear statement of what those
issues are.
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COMMON COUNCIL
JULY 2,1996
On motion of Councillor Waldschutz
Seconded by Councillor Knibb
RESOLVED that the letter from the River
Road Concerned Citizens Committee regarding the Crane Mountain re-zoning and
referring to a request for the City Solicitor to address a number of issues related to the
City's Municipal Development Plan -- be received and filed.
During discussion Mr. Nugent made the observation that there was no
resolution of Council at the last meeting to seek an opinion on questions asked by Mr.
Bowen, nor was it his intention to provide responses to them, and it was only upon
reading the letter under item 46 that he even reviewed his file to see what material he
had; however, if Council believes that those questions, whatever they are, are ones on
which a legal opinion would benefit Council, it would be a case of contacting Mr. Bowen
to ask him what those specific questions are and provide Council with an opinion.
Question being taken, the motion was carried with Councillors Fitzpatrick
and Vincent voting "nay".
33. Zoning By-Law Text Amendment
"US-L" Utility And Service -
Landfill Zone & Re-Zoning Of
Crane Mountain HiQhway 7 and 177
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-413 A Law To Amend The Zoning By-Law Of The City Of
Saint John", by (1) adding the following to Section 30(1): "utility and service - landfill
US-L"; (2) adding "US-L" to the list of zones in Section 30(6); (3) add Section 671
immediately following Section 670, as follows:
"671 UTILITY AND SERVICE - LANDFILL (US-L)
(1) Uses
Any land, building or structure may be used for the purpose of, and for
no other purpose than,
(a) the following uses:
subject to subsection 2(a), a sanitary landfill and
associated facilities, including recycling and composting
facilities;
(b) subject to Section 830, an accessory building, structure or use,
incidental to a use, building or structure permitted in this Section.
(2) Conditions Of Use
(a) a sanitary landfill shall be enclosed by natural buffering and/or
constructed earth berms.
(3) Zone Standards
(a) Minimum lot area........................... .100 hectares
(b) Minimum front, side and year yards
- buildings and structures.................. 15 metres
- sanitary landfill.................... .... .150 metres
(c) Maximum building height....................11 metres
(d) Maximum lot occupancy................ ...25%";
(4) adding "US-L" to the list of zones in Section 840(3)(h); and (5) amending Schedule
"A", the Zoning Map of the City of Saint John, by re-zoning a parcel of land containing
an area of approximately 330 acres at Crane Mountain, fronting on Highway 7 at the
intersection of Highway 177, also being NBGIC Numbers 55087001, 55087027,
55043301,55043293 and portions of NBGIC Numbers 55086987 and 55087019, from
"1-2" Heavy Industrial to "US-L" Utility and Service - Landfill classification, be read a
third time and enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-413 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 with Councillors Gould and
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COMMON COUNCIL
JULY 2,1996
Vincent voting "nay".
(Councillor Arthurs withdrew from the meeting as she was not present for
the January 29, 1996 public hearing of a proposed Municipal Plan amendment and re-
zoning of 2219 Loch Lomond Road.)
34(a) Municipal Plan Amendment
(b) Re-ZoninQ 2219 Loch Lomond Road
Consideration was given to third readings of a proposed Municipal Plan
amendment and re-zoning of property located at 2219 Loch Lomond Road, which were
given first and second readings at the public hearing of June 17, 1996.
Mr. Baird advised that, unfortunately, the six-months legislative time limit
on passing the above By-Law amendments has elapsed for a variety of circumstances,
including the July 1 holiday in that it is a case of being one day short of meeting the
time requirement, and difficulty in receiving the background information so that the item
could be considered by Council; and also that he has advised the applicant to the effect
that staff would be preparing a further report to Council recommending a re-initiation of
the process so that the matter can be fully considered again but, unfortunately, the
legislative time constraints have come into play and Council is not in a position to make
effect to third readings of the proposed By-Law amendments; and suggested that the
item could be withdrawn or received and filed.
On motion of Councillor Vincent
Seconded by Councillor Knibb
RESOLVED that third readings of the
proposed Municipal Plan amendment and re-zoning of property at 2219 Loch Lomond
Road be withdrawn as the time requirement under the Community Planning Act to
enact By-Laws has expired.
Councillor Trites asked if there would be a major additional charge to the
applicant going through the process the second time, to which Mr. Baird replied that
this would be at Council's discretion and, at this point, it would be possible, being that
there was not a Section 39 recommendation and if Council were of the desire to initiate
the process itself, that it could be done at no additional charge.
Question being taken, the motion was carried.
(Councillor Arthurs re-entered the meeting.)
35. Zoning By-Law Amendment To
Re-Zone 2805 Golden Grove Road
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-414 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning approximately 18 hectares (44 acres) of
land situated at 2805 Golden Grove Road (NBGIC Number 349803), from "RF" Rural
and "RFM" Rural Mobile Home to "RR" One-Family Rural Residential classification, be
read a third time and enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-414 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.
36. Zoning By-Law Amendment To
Re-Zone 1203 Hillcrest Road
On motion of Councillor Knibb
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COMMON COUNCIL
JULY 2,1996
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-415 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning approximately 6.5 hectares (16 acres) of land
situated at 1203 Hillcrest Road (NBGIC Number 331546), from "RS-1" One- and Two-
Family Suburban Residential to "RR" One-Family Rural Residential classification, be
read a third time and enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-415 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.
37. Environment Committee
Municipal EnerQY Efficiency ProQram
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from the
City of Saint John Environment Committee submitting a copy of its application to the
Environmental Trust Fund for funding to audit municipal buildings and fleet energy
consumption in an attempt to implement actions to reduce costs, as well as a copy of a
letter from Environment Minister Vaughn Blaney advising of the Government's decision
to support the Municipal Energy Efficiency (MEEP) Project proposal in the amount of
$25,000 conditional on matching funds from the City of Saint John; and requesting that
Council review the application, support the project and provide matching funds to
permit the project to continue -- be referred to the City Manager.
Question being taken, the motion was carried.
38. Solicitor General Jane Barry
(a) Proposed Lou Murphy Memorial
Park; (b) Intersection Dever
Road And Lou Murphy Overpass
38{a)
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from
Solicitor General Jane Barry on behalf of the Milford area requesting that Common
Council agree to rename the area on Milford Road across from the Milford Community
Centre the Lou Murphy Memorial Park in honour of the late Lou Murphy and that an
appropriate memorial or plaque be erected -- be referred to the City Manager.
Question being taken, the motion was carried.
38{b)
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from
Solicitor General Jane Barry on behalf of the Milford area requesting that City staff
examine the traffic pattern at the intersection of Dever Road and the Lou Murphy
Overpass and consider the suggested changes -- be referred to the City Manager.
Question being taken, the motion was carried.
39. FCM - Request For Resolutions
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COMMON COUNCIL
JULY 2,1996
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the memorandum
from the Federation of Canadian Municipalities requesting resolutions for consideration
at FCM's National Board of Directors meeting in September -- be referred to the City
Manager for preparation of resolutions for Council's consideration, including one on the
issue of extra costs to municipalities as a result of the new Canada Marine Policy.
Question being taken, the motion was carried.
40. Doreen Lyons
GarbaQe By-Law
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Ms.
Doreen Lyons asking why the City Sanitation Department is not abiding by the City By-
Law which indicates that garbage must be removed within the 7-day collection period;
and advising that she has verified that no amendment has been made to the By-Law to
allow garbage pick-up to be up to 14 days -- be referred to the City Manager for
preparation of a By-Law amendment and a report to Council.
Mr. Totten advised that, while there is wording in the By-Law that refers
to seven days in terms of what is expected of citizens, this does not necessarily mean
that the City of Saint John is going to pick up waste every seven days; and, with regard
to the City's practice of delaying until the next week garbage pick-up for residents
whose regular day falls on a holiday, suggested that the By-Law needs to be amended
accordingly.
Question being taken, the motion was carried.
(Councillor Gould withdrew from the meeting.)
41. Mega Enterprises Inc.
Amendment To Section 39
Conditions Of Re-Zoning Of
154-200 Germain Street West
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the application of
Mega Enterprises Inc. for an amendment to the Section 39 conditions of re-zoning of
154-200 Germain Street West, be referred to the Planning Advisory Committee for a
report and recommendation and the necessary advertising be authorized in this regard,
with the public hearing to be held on Monday, August 12, 1996, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
42. Margaret & Michael Sherman
Impact of Heritage Designation
Re 241 DouQlas Avenue
On motion of Councillor Waldschutz
Seconded by Councillor Knibb
RESOLVED that the letter from Margaret
and Michael Sherman expressing their dissatisfaction with the manner in which the
heritage designation of their house at 241 Douglas Avenue is impacting on their current
attempts to sell the property; and asking if it would be possible for the City of Saint
John to consider changing its rules regarding heritage designation so that, for example,
when someone opts for heritage designation they must continue to abide by its
restriction as long as they own the property but, when the property is sold, the new
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COMMON COUNCIL
JULY 2,1996
owner has the option of staying with the heritage designation or applying for the
designation to be removed -- be received and filed.
Councillor Waldschutz expressed the understanding that the above letter
was premature in that it was written by the Shermans when they did not think they
could sell their house; however, a sale, although not consummated, is close. The
Mayor made the observation that Council has considered other such requests, and that
she would probably support their request if they are having difficulty selling their home.
Councillor Trites advised that, while he could not support the above motion, he could
support a motion to refer the matter to the City Manager for a response.
(Councillor Vincent withdrew from the meeting during the above
discussion.)
Question being taken, the motion was lost with the Mayor and
Councillors Arthurs, Brown, Fitzpatrick and Trites voting "nay".
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from
Margaret and Michael Sherman regarding the manner in which the heritage designation
on their house at 241 Douglas Avenue is impacting on their current attempts to sell the
property -- be referred to the City Manager for a report and response.
Question being taken, the motion was carried.
43. Honey Do And Calysto Steel bands
Participation In Holetown Festival
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the letter from Alison
Morrison and Alice Logan of the Honey Do and Calysto Steel bands asking for the City's
assistance with respect to their participation in the Barbados Holetown Festival in
February 1997 -- be received and filed and they be advised that Council regrets it is
unable to provide assistance.
Question being taken, the motion was carried.
44. Dr. Catherine Adams
Animal Control By-Law
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Dr.
Catherine Adams of Saint John Animal Hospital Ltd. regarding the status of the Saint
John Animal Hospital which, by definition in the new Animal Control By-Law, apparently
qualifies as a boarding kennel according to Roxanne Ogden at the Animal Rescue
League; expressing the view that requiring animal hospitals to be licensed is redundant
since they are already licensed and accredited by their own governing body; and asking
Council to consider re-defining a boarding kennel to exempt accredited animal hospitals
-- be referred to the City Manager.
Question being taken, the motion was carried.
45. Janet Edwards - Resignation
Preservation Review Board
On motion of Councillor Waldschutz
Seconded by Councillor Knibb
RESOLVED that the letter from Mrs. Janet
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COMMON COUNCIL
JULY 2,1996
Edwards advising of her resignation from the Preservation Review Board -- be received
and referred to the Nominating Committee, and Mrs. Edwards be thanked for her
service to the City of Saint John.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk