1997-07-07_Minutes
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COMMON COUNCIL
JULY 7,1997
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the seventh day of July, A.D. 1997, at 6:00 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; J. C. MacKinnon,
Commissioner of Environment and Development Services; S.
Armstrong, Director of Engineering; J. Morrison, Director of
Recreation and Parks; J. Baird, Manager of Community Planning;
D. Logan, Purchasing Agent; M. Jamer, Director of Water and
Sewerage Services; G. Tait, Fire Chief; D. Sherwood, Chief of
Police; B. Fillmore, Assistant Deputy Chief of Police; D. Oram,
Police Constable; 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 James Fudge,
of the First United Pentecostal Church and Chaplain for the Saint John Police Force,
offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that minutes of the
meeting of Common Council, held on June 23, 1997, be approved.
Question being taken, the motion was carried.
3. Mavor's Remarks
Mayor McAlary noted various events and celebrations in the City,
including Loyalist Days Inc. 's Heritage Celebration 1997 on July 9 to 13, the July 10
opening of the Festival of the Falls at Reversing Falls, the Saint John Jazz Festival on
July 10 to 12, the Rally of Hope for the Saint John Regional Hospital on July 12 at the
Canada Games Stadium at UNBSJ, and the Mayor's Tea at Loyalist House. The Mayor
displayed a t-shirt of the style being sold by the Saint John Boys and Girls Club to raise
funds, as well as a 1998 Fire Fighters' calendar commissioned by the Saint John
Critical Incident Stress Management Team.
The Mayor apologized for the inconvenience to citizens by the City's lack
of garbage pick-up during the past week, and noted that regular garbage collection
resumed this week. Mayor McAlary commented on the Communities In Bloom project
for which judging would take place in August.
4. Saint John Police Force
Implementation Team Update
Chief Sherwood presented the previously-submitted Saint John Police
Force Implementation Team report updating Council on the Team's activities during the
past two weeks.
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On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the report from the Saint
John Police Force Implementation Team updating Council on its activities during the
past week -- be received and filed.
Chief Sherwood apprised Council of the status of the Differential
Response Program currently operating in the Cashiers' Office on the Lobby Level of
City Hall.
Question being taken, the motion was carried.
5. Proposal For Ice Resurfacer
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that as recommended by the
City Manager, the proposal of H.L. LeClair Ltd., in the amount of $39,950 (plus tax), be
accepted for the remanufacture of a 1983 Olympia 2500 SE ice resurfacer.
Question being taken, the motion was carried.
6. Bid For Sander/Salter Assemblies
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, the bid of Del Equipment Ltd., in the total amount of $26,800 (plus tax),
be accepted for the supply of 4 new sander/salter assemblies.
Question being taken, the motion was carried.
7. Tender For Chemicals
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the tenders submitted by Stanchem Inc. for the supply of chlorine
and hydrofluosilicic acid, and Monson/Shurtleff Industrial Ltd., for the supply of sodium
hypochlorite, as indicated in the City Manager's submitted report dated June 27, 1997
and the submitted summary of bids, be accepted for the establishment of supply
agreements, for a period of 12 months, commencing upon the date of award by
Council.
Question being taken, the motion was carried.
8. Tender For Tires And Tubes
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the supply agreement for the provision of tires and tubes, for a period of
one year from the date of award by Council, be awarded to the low tenderer in each
case as indicated in the submitted summary of bids.
Question being taken, the motion was carried.
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9. Tender For Contract 97-7
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Contract 97-7: Manawagonish Road 200-mm watermain, be awarded to
the low tenderer, Fairville Construction Ltd., at the tendered price of $38,319, 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.
10. Tender For Contract 97-9
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, Contract 97-9: Queen Street (C) - Princess Court water and sewer
construction, be awarded to the low tenderer, Fairville Construction Ltd., at the
tendered price of $318,461, 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.
11. Tender For Contract 97-10
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Contract 97-10 - chipsealing 1997, be awarded to the low tenderer,
Industrial Cold Milling Ltd., at the tendered price of $78,333.20, 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.
12. Establishment - Water & Sewerage
EnQineerinQ Technician Position
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, the position of Engineering Technician II (Group VII, Local 486) be
added to the Water & Sewerage Establishment, and the position of Engineering
Technician I (Group V, Local 486), be deleted from the Water & Sewerage
Establishment, as outlined in the submitted report from the City Manager, dated June
30, 1997.
Question being taken, the motion was carried.
13. Establishment Change - Public
Safety Communications Centre
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that as recommended by the
City Manager, Common Council amend the Establishment of permanent positions as
follows: (a) the number of Public Safety Communications Supervisors be reduced from
five (5) to four (4); and (b) the number of Public Safety Communications Operators be
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increased from fourteen (14) to fifteen (15).
Question being taken, the motion was carried.
14. Re 22 Saint Coeur Court
Consideration was given to a report from the City Manager advising that,
further to Common Council resolution of February 17, 1997 authorizing the sale of 22
Saint Coeur Court to David Bernier, Mr. Bernier has recently informed the City that he is
unable to complete the purchase of the subject property due to the inability to obtain
the appropriate financing to proceed with the proposed dwelling; and submitting a
recommendation for the disposal of 22 Saint Coeur Court.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, (1) the portion of Common Council resolution of February 17, 1997
pertaining to the sale of 22 Saint Coeur Court to David Bernier be rescinded; (2)
Common Council authorize the sale of 22 Saint Coeur Court (as referred to as Lot 97-1,
on Plan Number 200499) to E. Craig Gillespie for the purchase price of $10,160 plus
applicable taxes, subdivision fees and closing costs; (3) part of the proceeds from this
sale be used to erect a chainlink fence along the sidelines for the public walkway
adjacent to 22 Saint Coeur Court; (4) upon the completion of the sale of 22 Saint Coeur
Court, David Bernier's deposit of $705 be returned; and (6) the Mayor and Common
Clerk be authorized to execute the necessary documents.
Councillor Waldschutz asked the rationale for going to the second
highest tenderer rather than going to the City's real estate agent in the above instance,
to which Mr. MacKinnon replied that the public tender for the subject property went out
before the City's engagement of a real estate agent, and not only were the highest and
second highest tendered prices fairly close but the City would not pay a commission in
this instance.
Question being taken, the motion was carried with Councillor Waldschutz
voting "nay".
15. Re 134 Britain Street
319 Charlotte Street
Consideration was given to a report from the City Manager advising that,
further to Common Council resolution of June 23, 1997 authorizing the sale of 134
Britain Street and 319 Charlotte Street, the June 30 closing date could not be met and
both buyers have agreed to extend the closing to on or before August 29, 1997, and
submitting a recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council amend its resolution of June 23, 1997 pertaining to the
sale of 134 Britain Street and 319 Charlotte Street by authorizing a closing date of on
or before August 29, 1997 (for each sale), and that all other aspects of the resolution
remain the same.
Question being taken, the motion was carried.
16. Meadowlands PlaVQround
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council (1) support the development of the Meadowlands
playground as proposed to Council on June 23, 1997; and (2) authorize that the City of
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JULY 7,1997
Saint John contribute up to $18,750 from the Land for Public Purposes Trust Fund in
support of the development.
Question being taken, the motion was carried.
17. Proposal For Regional
SeptaQe ReceivinQ Station
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the report from the
City Manager advising of the Department of Environment's approach to the City of
Saint John with regard to operating a regional septage receiving station for this area
and its funding of a feasibility study regarding septage in the Saint John Region to
determine the most appropriate location for a septage receiving station, to investigate
the various technologies for septage receiving and to determine the construction costs
and therefore the necessary dumping fees for a facility; listing the 16 recommendations
of Godfrey & Associates which performed the septage management study; and
recommending that City staff continue discussions with the Provincial Department of
Environment relative to construction of a regional septage receiving station in Saint
John -- be received and filed and the recommendation adopted.
Question being taken, the motion was carried.
18. Fee For Handling Septage At
Lancaster Wastewater Treatment Plant
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager regarding the possible establishment of a regional septage handling facility in
Saint John at which time septage haulers would be charged a fee for disposing of
septage at the facility, and the possible increased operational costs resulting from
taking septage at the Lancaster wastewater treatment plant since it may be necessary
to operate an extra air blower to fully oxygenate the increased load; and recommending
that a fee for handling septage at the Lancaster wastewater treatment plant be
established as described in this report -- be received and filed and the recommendation
adopted.
Question being taken, the motion was carried.
19. Comprehensive Evaluation Of
Hazen Creek Treatment Plant
Consideration was given to a report from the City Manager advising of
Water & Sewerage's follow-up on the comprehensive evaluation (the first phase of a
composite correction program) recently completed by the Atlantic Canada Core Team
of the Hazen Creek wastewater treatment plant by participating in a comprehensive
technical assistance program (the second part of a composite correction program), the
first phase of which was at no cost to the City, while the second phase would represent
a cost to the City of $13,500 of which $6,000 has been contributed from Water &
Sewerage's operating budget and the remaining $7,500 would have to be identified in
the 1998 budget.
A motion was proposed by Councillor Knibb and seconded by Councillor
Trites to receive and file the above report.
During Mr. Jamer's response to questions in the above regard, the Mayor
noted the public hearing scheduled for 7:00 o'clock p.m. on this date under item 40,
and asked Council to proceed to the public hearing at this time.
40(a) Zoning By-Law Amendment - Re-Zoning Of
Properties To "US" Utilitv And Service
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The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Zoning By-Law amendment to re-zone the
following properties to "US" Utility and Service classification:- (a) the Lakewood stand
pipe property located at the end of Gibson Avenue in the Lakewood Heights
Subdivision, identified as NBGIC Number 425512 and presently zoned "RS-1" One-
and Two-Family Suburban Residential; (b) the Cottage Hill stand pipe property located
off Cottage Road, identified as NBGIC Number 55038988 and presently zoned "RF"
Rural; (c) the Lancaster stand pipe property located at 681 Fundy Drive and presently
zoned "R-1 B" One-Family Residential; (d) the Rockwood Park stand pipe located on a
portion of land in Rockwood Park identified as NBGIC Number 52548 and presently
zoned "P" Park; (e) the University Avenue stand pipe located on a portion of land
identified as NBGIC Number 55058945 and presently zoned "RS-2" One- and Two-
Family Suburban Residential; (f) the Monte Cristo Park sewage treatment plant located
at 60 Dantes Drive and presently zoned "RSS" One-Family Serviced Suburban
Residential; (g) the Millidgeville sewage treatment plant located on a portion of land
identified as NBGIC Number 51771 and presently zoned "RS-2" One- and Two-Family
Suburban Residential; (h) the Morna Heights sewage treatment plant located at 139
Bay Crescent Drive and presently zoned "RS-2" One- and Two-Family Suburban
Residential; (i) the Greenwood Heights sewage treatment plant located at 173 Karen
Street and presently zoned "RS-1" One- and Two-Family Suburban Residential; U) the
Lancaster wastewater treatment plant located adjacent to the Throughway on a parcel
of land identified as NBGIC Number 403733 and presently zoned "RF" Rural; (k) the
Works Facility "Cold Mix Plant" located at 20 Mcintosh Street, having street frontage off
Mcintosh Street and Boars Head Road and presently zoned "IR" Restricted Industrial,
"R-1 B" One-Family Residential and "RM-1" Three-Storey Multiple Residential; (I) the
Hazen Creek sewage treatment plant located at 441 Red Head Road and presently
zoned "RS-2" One- and Two-Family Suburban Residential and "1-2" Heavy Industrial;
and (m) the Spruce Lake water treatment and Works Facility located near the end of
Ocean Westway adjacent to the eastern side of Spruce Lake, identified as NBGIC
Number 286526 and a portion of 286559 and presently zoned "P" Park, to place the
facilities in a zone classification that reflects the present use of the properties, as
requested by the City of Saint John, and no written objections were received in this
regard.
40{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
July 2 meeting at which three people spoke against the re-zoning of the Hazen Creek
sewage treatment plant based on their concern with the present operation of the plant
and the environmental impact it has on the surrounding area; advising that no one
spoke regarding the remaining 12 properties recommended for re-zoning and that the
Committee amended staff's recommendation by not recommending approval for re-
zoning of the Hazen Creek sewage treatment plant property and adopting a separate
motion in this regard; and recommending that (1) Common Council amend the City of
Saint John Zoning By-Law by re-zoning the following properties: (a) a property
identified as NBGIC Number 425512, located at the end of Gibson Avenue in the
Lakewood Heights Subdivision, from "RS-1" One- and Two-Family Suburban
Residential to "US" Utility and Service; (b) a property identified as NBGIC Number
55038988, located off Cottage Road, from "RF" Rural to "US" Utility and Service; (c) a
property located at 681 Fundy Drive (NBGIC Number 335893), from "R-1 B" One-Family
Residential to "US" Utility and Service; (d) a portion of the Rockwood Park property
consisting of an area of land measuring 91.4 metres (300 feet) by 91.4 metres (300
feet), and identified as NBGIC Number 52548, from "P" Park to "US" Utility and Service;
(e) a portion of land located off Sandy Point Road and identified as NBGIC Number
55058945, comprising an area measuring 91.4 meters (300 feet) by 91.4 metres (300
feet), from "RS-2" One- and Two-Family Suburban Residential to "US" Utility and
Service; (f) a portion of land known as 60 Dantes Drive (NBGIC Number 55059380),
having 19.8 metres (65 feet) of street frontage and 79.2 metres (260 feet) in depth,
from "RSS" One-Family Serviced Suburban Residential to "US" Utility and Service; (g) a
portion of land located at the end of Woodward Avenue and identified as NBGIC
Number 51771, having an area measuring approximately 152 metres (500 feet) by 152
metres (500 feet), from "RS-2" One- and Two-Family Suburban Residential to "US"
Utility and Service; (h) a parcel of land located at 139 Bay Crescent Drive (NBGIC
Number 24364), having 36.6 metres (120 feet) of street frontage and 36.6 metres (120
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feet) in depth, from "RS-2" One- and Two-Family Suburban Residential to "US" Utility
and Service; (i) a parcel of land located at 173 Karen Street (NBGIC Number 425660),
having approximately 55 metres (180 feet) of street frontage and 44 metres (145 feet)
in depth, from "RS-1" One- and Two-Family Suburban Residential to "US" Utility and
Service; U) a parcel of land known as the Lancaster wastewater treatment plant,
located off Highway #1 and identified as NBGIC Number 403733, containing
approximately 18.2 hectares (45 acres), from "RF" Rural to "US" Utility and Service; (k)
two parcels of land located at 20 Mcintosh Street (NBGIC Numbers 42614 and 42622),
having approximately 2.6 hectares (6.5 acres), from "IR" Restricted Industrial, "R-1 B"
One-Family Residential and "RM-1" Three-Storey Multiple Residential to "US" Utility and
Service; and (I) a portion of land located near the end of Ocean Westway, identified as
NBGIC Numbers 286526 and a portion of 286559, and measuring approximately 183
metres (600 feet) by 183 metres (600 feet), from "P" Park to "US" Utility and Service;
and (2) Common Council take steps to ensure that the barricades and signage are
maintained to restrict access to the beach adjacent to the Hazen Creek sewage
treatment plant outfall.
Mr. Garry Prosser appeared in opposition to the proposed re-zoning of
the property located at 441 Red Head Road, also identified as NBGIC Numbers 337956
and 424549, on behalf of the Midwood Avenue and Area Residents Association; noted
his brief to the Planning Advisory Committee in this regard (copies of which were
submitted with the above-referenced report from the Committee); and apprised Council
of the following five reasons for opposing the subject re-zoning: (1) the discharge
effluent outfall on the beach; (2) the future unknown design changes to the Hazen
Creek facility; (3) the included re-zoning of a portion of the conservation marsh; (4) the
re-zoning of an empty and unused lot; and (5) the permitted uses of a utility and service
zone. Mr. Prosser distributed to Council members at this meeting a list of questions in
this regard which he asked be referred to the City Manager and appropriate staff for a
report and recommendation.
The Mayor noted that the Planning Advisory Committee's
recommendation did not include re-zoning of the Hazen Creek Sewage Treatment
Plant property, as well as the Committee's recommendation with respect to barricades
and signage.
Mr. Louis Sharkey of 389 Red Head Road addressed Council in
opposition to the proposed re-zoning of the Hazen Creek Sewage Treatment Plant
property at 441 Red Head Road, circulated an aerial photograph of the subject area
depicting sludge in the Harbour, and expressed concern about the operation of the
facility and the stench in the air and sludge from the facility.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council take steps to ensure that the
barricades and signage are maintained to restrict access to the beach adjacent to the
Hazen Creek sewage treatment plant outfall:
AND FURTHER that the by-law to amend the Zoning By-Law of the City
of Saint John, insofar as it concerns re-zoning: (a) a property identified as NBGIC
Number 425512, located at the end of Gibson Avenue in the Lakewood Heights
Subdivision, from "RS-1" One- and Two-Family Suburban Residential to "US" Utility and
Service; (b) a property identified as NBGIC Number 55038988, located off Cottage
Road, from "RF" Rural to "US" Utility and Service; (c) a property located at 681 Fundy
Drive (NBGIC Number 335893), from "R-1 B" One-Family Residential to "US" Utility and
Service; (d) a portion of the Rockwood Park property consisting of an area of land
measuring 91.4 metres (300 feet) by 91.4 metres (300 feet), and identified as NBGIC
Number 52548, from "P" Park to "US" Utility and Service; (e) a portion of land located
off Sandy Point Road and identified as NBGIC Number 55058945, comprising an area
measuring 91.4 meters (300 feet) by 91.4 metres (300 feet), from "RS-2" One- and
Two-Family Suburban Residential to "US" Utility and Service; (f) a portion of land
known as 60 Dantes Drive (NBGIC Number 55059380), having 19.8 metres (65 feet) of
street frontage and 79.2 metres (260 feet) in depth, from "RSS" One-Family Serviced
Suburban Residential to "US" Utility and Service; (g) a portion of land located at the
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end of Woodward Avenue and identified as NBGIC Number 51771, having an area
measuring approximately 152 metres (500 feet) by 152 metres (500 feet), from "RS-2"
One- and Two-Family Suburban Residential to "US" Utility and Service; (h) a parcel of
land located at 139 Bay Crescent Drive (NBGIC Number 24364), having 36.6 metres
(120 feet) of street frontage and 36.6 metres (120 feet) in depth, from "RS-2" One- and
Two-Family Suburban Residential to "US" Utility and Service; (i) a parcel of land located
at 173 Karen Street (NBGIC Number 425660), having approximately 55 metres (180
feet) of street frontage and 44 metres (145 feet) in depth, from "RS-1" One- and Two-
Family Suburban Residential to "US" Utility and Service; U) a parcel of land known as
the Lancaster wastewater treatment plant, located off Highway #1 and identified as
NBGIC Number 403733, containing approximately 18.2 hectares (45 acres), from "RF"
Rural to "US" Utility and Service; (k) two parcels of land located at 20 Mcintosh Street
(NBGIC Numbers 42614 and 42622), having approximately 2.6 hectares (6.5 acres),
from "IR" Restricted Industrial, "R-1 B" One-Family Residential and "RM-1" Three-Storey
Multiple Residential to "US" Utility and Service; and (I) a portion of land located near the
end of Ocean Westway, identified as NBGIC Numbers 286526 and a portion of
286559, and measuring approximately 183 metres (600 feet) by 183 metres (600 feet),
from "P" Park to "US" Utility and Service, be read a first time.
Mr. Baird explained that, as municipal facilities such as sewage
treatment plants must meet the Zoning By-Law and Municipal Plan for the
municipalities and staff had become aware of situations in the City where existing
facilities were in a variety of different zones and the Zoning By-Law did not address the
type of municipal facility concerned, a new zone was created for these types of facilities
thereby limiting the range of uses for the land concerned, thus the proposed re-zoning
would be a housekeeping step of bringing existing facilities into the Utility and Service
Zone; and, as to the reason for including in the proposed re-zoning an area larger than
the Hazen Creek treatment plant site in view of a concern about the possible future use
of the area, Mr. Baird explained that, as the parcel fairly close to the rear fence line of
the facility was zoned Heavy Industrial, it was considered desirable to have that
property in the Utility and Service zone versus a Heavy Industrial zone which permits a
wide variety of other uses; and made the observation that, while ideally the
conservation area should be in a park or conservation-style zone, it is not and to re-
zone only the dry-land portion of the rear lot to get it out of a Heavy Industrial zone
would leave the conservation area in a Heavy Industrial zone which does not appear to
be the most appropriate zoning for parkland area. As to concerns about the operation
of the Hazen Creek facility, Mr. Totten advised that staff would undertake to provide
responses to the operational issues.
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: (a) a property
identified as NBGIC Number 425512, located at the end of Gibson Avenue in the
Lakewood Heights Subdivision, from "RS-1" One- and Two-Family Suburban
Residential to "US" Utility and Service; (b) a property identified as NBGIC Number
55038988, located off Cottage Road, from "RF" Rural to "US" Utility and Service; (c) a
property located at 681 Fundy Drive (NBGIC Number 335893), from "R-1 B" One-Family
Residential to "US" Utility and Service; (d) a portion of the Rockwood Park property
consisting of an area of land measuring 91.4 metres (300 feet) by 91.4 metres (300
feet), and identified as NBGIC Number 52548, from "P" Park to "US" Utility and Service;
(e) a portion of land located off Sandy Point Road and identified as NBGIC Number
55058945, comprising an area measuring 91.4 meters (300 feet) by 91.4 metres (300
feet), from "RS-2" One- and Two-Family Suburban Residential to "US" Utility and
Service; (f) a portion of land known as 60 Dantes Drive (NBGIC Number 55059380),
having 19.8 metres (65 feet) of street frontage and 79.2 metres (260 feet) in depth,
from "RSS" One-Family Serviced Suburban Residential to "US" Utility and Service; (g) a
portion of land located at the end of Woodward Avenue and identified as NBGIC
Number 51771, having an area measuring approximately 152 metres (500 feet) by 152
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JULY 7,1997
metres (500 feet), from "RS-2" One- and Two-Family Suburban Residential to "US"
Utility and Service; (h) a parcel of land located at 139 Bay Crescent Drive (NBGIC
Number 24364), having 36.6 metres (120 feet) of street frontage and 36.6 metres (120
feet) in depth, from "RS-2" One- and Two-Family Suburban Residential to "US" Utility
and Service; (i) a parcel of land located at 173 Karen Street (NBGIC Number 425660),
having approximately 55 metres (180 feet) of street frontage and 44 metres (145 feet)
in depth, from "RS-1" One- and Two-Family Suburban Residential to "US" Utility and
Service; U) a parcel of land known as the Lancaster wastewater treatment plant,
located off Highway #1 and identified as NBGIC Number 403733, containing
approximately 18.2 hectares (45 acres), from "RF" Rural to "US" Utility and Service; (k)
two parcels of land located at 20 Mcintosh Street (NBGIC Numbers 42614 and 42622),
having approximately 2.6 hectares (6.5 acres), from "IR" Restricted Industrial, "R-1 B"
One-Family Residential and "RM-1" Three-Storey Multiple Residential to "US" Utility and
Service; and (I) a portion of land located near the end of Ocean Westway, identified as
NBGIC Numbers 286526 and a portion of 286559, and measuring approximately 183
metres (600 feet) by 183 metres (600 feet), from "P" Park to "US" Utility and Service, 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.
(Councillor Fitzpatrick withdrew from the meeting.)
On motion of Councillor Vincent
Seconded by Councillor Trites
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the list of questions
submitted to Council at this meeting by Mr. Garry Prosser concerning the Hazen Creek
sewage treatment plant be referred to the City Manager for a report, along with other
questions asked during the public hearing with respect to the proposed re-zoning of the
subject property.
Question being taken, the motion was carried.
(Councillor Fitzpatrick re-entered the meeting.)
41. New Brunswick Arts Council Inc.
Shakespeare In The Park Festival
Beth Richardson, Development and Touring Coordinator of New
Brunswick Arts Council, addressed Council, further to Common Council resolution of
June 9 inviting the Arts Council to appear with respect to its request for funding for the
new Shakespeare in the Park Festival, a project of the Arts Council and Festival By The
Sea to be held in the Uptown Saint John area on August 2 and 3, and highlighting the
Repercussion Theatre group from Montreal, Quebec. Ms. Richardson, having
distributed copies of the schedule of events, advised of the $4,000 contribution to this
event by the Provincial Department of Municipalities, Culture and Housing, as well as
co-sponsorships of about $1,000 from local business corporations; and requested the
City's assistance in the amount of $1,000 in getting the Festival going and continuing in
future years, adding to the cultural vitality of Saint John.
On motion of Councillor Waldschutz
Seconded by Deputy Mayor Chase
RESOLVED that Council provide a
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grant of $1,000 to New Brunswick Arts Council Inc. with respect to its Shakespeare in
the Park Festival to be held in Saint John on August 2 and 3, 1997.
Question being taken, the motion was carried.
The Mayor asked Council to resume discussion on item 19 which was
commenced earlier in the meeting, and noted the motion on the floor to receive and file
the City Manager's report in this regard.
(Deputy Mayor Chase withdrew from the meeting.)
19.
Mr. Jamer commented further on the completion of the first phase of the
Composite Correction Program of the Hazen Creek wastewater treatment plant, and
the purpose of the follow-up Comprehensive Technical Assistance, the second phase
of the Program. The Mayor called for the question on the motion made earlier in the
meeting on item 19.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager advising Council of the program underway at the Hazen Creek wastewater
treatment plant -- be received and filed.
Question being taken, the motion was carried.
20. Municipal Plan Update
Part Four: Transportation
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the report from the
City Manager submitting the revised draft of Part Four of the Municipal Plan Update,
and recommending that Council receive the revised draft of Part Four and proceed with
the necessary steps to adopt it by by-law to replace Part Four of the 1973
Comprehensive Community Plan -- be laid on the table.
Question being taken, the tabling motion was carried.
21. Response To Gloria Gates
Clean-Up Of Old BuildinQs
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager further to Council's consideration on June 23 of a letter from Gloria Gates
regarding the clean-up of old buildings in the City, particularly buildings on Main Street
across from Chesley Place and a building on Wall Street -- be received and filed and a
copy be forwarded to Ms. Gates.
Question being taken, the motion was carried.
21A. Response To Lloyd Farnsworth
Removal Of Curb On Topeka Street
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the report from the
City Manager further to the April 28 presentation to Council by Lloyd Farnsworth
requesting to have a section of curb removed near his property on Topeka Street -- be
received and filed and a copy be forwarded to Mr. Farnsworth for his information.
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(Deputy Mayor Chase re-entered the meeting.)
Question being taken, the motion was carried.
22. Traffic By-Law Amendment
Re LoadinQ Zones
Read a report from the City Solicitor submitting for Council's
consideration of third reading a proposed amendment to the Traffic By-Law to which
Council gave first and second readings on June 23, related to loading zones which
would result in citizens being allowed to park in such spaces on weekends and during
the week between 6:00 o'clock p.m. and 6:00 o'clock a.m. of the following morning.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint
John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments
Thereto", with regard to parking in loading zones, be read a third time and enacted and
the Common Corporate Seal be affixed thereto.
The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic
On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle
Act, 1973, And Amendments Thereto", was read in its entirety.
(Councillor Vincent withdrew from the meeting.)
Question being taken, the motion was carried.
23. Legal Fees - New Brunswick Fish
Fish And Game Protective Association
(Saint John Branch) Inc. Action
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that Council authorize the
payment of the submitted three accounts of Patterson Palmer Hunt Murphy, in the
amount of $27,745.25, for services as legal counsel between January 3 and June 23,
1997 in the action of The City Of Saint John et al v. New Brunswick Fish and Game
Protective Association (Saint John Branch) Inc.
Question being taken, the motion was carried.
24. Blanche Janes' Letter Re
Private Railway CrossinQ
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the report from the City
Solicitor further to Council's consideration on May 20 of a letter from Blanche Janes
submitting a copy of correspondence she had received from the New Brunswick
Southern Railway including an invoice for her use of a private railway crossing -- be
received and filed and a copy be forwarded to Mrs. Janes.
Question being taken, the motion was carried.
25. Zoning By-Law Amendment - Land
Adiacent To 570 Rothesay Avenue
On motion of Councillor Knibb
Seconded by Councillor Ball
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RESOLVED that the by-law entitled, "By-Law
Number C.P. 100-437 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning all (or that portion not already zoned "B-2"
General Business) of a parcel of land located adjacent to 570 Rothesay Avenue at the
intersection of Rothesay Avenue and McAllister Drive (NBGIC Number 55102743),
having an area of approximately 775 square metres, from "P" Park to "B-2" General
Business 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. 100-437 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.
26. Street Closing By-Law
Amendment - Munroe's Allev
On motion of Councillor Knibb
Seconded by Councillor Ball
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 regard to stopping up and closing permanently the
following portion of highway:
MUNROE'S ALLEY
All that portion of Munroe's Alley situate in the City of Saint John in the County
of Saint John and Province of New Brunswick designated Parcel "A" Area = 214m2 on
the submitted plan of survey entitled "Plan of Survey Portion of Munroe's Alley City of
Saint John, County of Saint John Province of New Brunswick" dated April 23, 1997
prepared by Murdoch-Lingley Limited per Carl A. Laubman, N.B.L.S. #228.
-- be read a third time and enacted and the Common Corporate Seal be affixed thereto.
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", was read in its
entirety.
Question being taken, the motion was carried.
27. Legal Session Resolution
Appeal In Matter Of City
And Horticultural Association
v. Fish & Game Protective
Association (Saint John Branch)
Read a letter from the Common Clerk submitting a Legal Session
resolution of June 23, 1997.
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that Common Council hereby
ratifies and confirms the City Solicitor's having had filed on June 19, 1997 a Notice of
Appeal on the City's behalf in the matter of The City Of Saint John and Saint John
Horticultural Association v. New Brunswick Fish & Game Protective Association (Saint
John Branch) Inc.:
AND FURTHER BE IT RESOLVED that the City Solicitor or his
designate is hereby authorized to proceed with that appeal.
Question being taken, the motion was carried.
28. Committee Of The Whole Report
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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 June 23, 1997, when there were
present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Knibb,
Trites, Vincent and Waldschutz, and your Committee submits the following
recommendations, namely:-
1. That as recommended by the City Manager, Common Council authorize
an extension of the option period for the purchase of the Red Rose Tea and parking lot
sites, as provided for in Clause 13 of the Option Agreement between the City of Saint
John (of the first part) and P.F. Moore Holdings Inc. and Global Design & Construction
Limited (of the other part), and the Mayor and Common Clerk be authorized to execute
the necessary documents.
2. That as recommended by the City Manager, (A) Common Council
authorize entering into an agreement(s) with Maber & Somerville Joint Venture Ltd.,
which will facilitate the construction of a new sewerage treatment facility in the
Kennebecasis Bay area and the collection of a levee as described herein, and that the
agreement(s) be subject to the submitted terms and conditions; (B) upon the
commissioning of the new sewerage treatment facility as noted above, Common
Council grant Maber & Somerville Joint Venture Ltd. a twelve month option to purchase
35 acres (more or less) of property having NBGIC Numbers 55059067 and 55059083,
as generally shown on the submitted plan, subject to the submitted terms and
conditions:
AND FURTHER that the Mayor and Common Clerk be authorized to
execute the necessary documents.
July 7, 1997,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
28.1. 49 Mill Street
Red Rose Tea Property
On motion of Deputy Mayor Chase
Seconded by Councillor Knibb
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
28.2. Development Proposal
Kennebecasis Bav Area
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
29. Planning Advisory Committee
Subdivision 1133 Lorneville Road
On motion of Councillor Knibb
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Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted photo-reduced
subdivision plan of 1133 Lorneville Road for any required public utility easements.
Question being taken, the motion was carried.
30. Planning Advisory Committee
Subdivision 1614 Rothesay Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted photo-reduced
subdivision plan of 1614 Rothesay Road for any required public utility easements.
Question being taken, the motion was carried.
* Added Item
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from
Solicitor General Jane Barry (copies of which were distributed to Council members on
this date) be added to the agenda of this meeting for consideration as item 31A.
Question being taken, the motion was carried.
31. Solicitor General Jane Barry
Re Saint John Police Force
Implementation Team Report
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Solicitor
General Jane Barry acknowledging receipt of the report on the progress of the Saint
John Police Force Implementation Team -- be received and filed.
Question being taken, the motion was carried.
*31A. Solicitor General Jane Barry
Offer Of Continued Support And
Police Governance Presentation
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that the letter from
Solicitor General Jane Barry offering her Department's continued support, having
received the recent progress report of the Implementation Team and studying the work
in progress; offering a presentation on police governance in the near future; and
congratulating Council and the Police Department on the production and submission to
her of statistics on family violence incidents in Saint John -- be received and Council
accept the offer for a presentation to Council on police governance at a mutually-
agreeable date.
Question being taken, the motion was carried.
32. Inez J. Parsons - Re
Condition Of Birchmount Road
On motion of Councillor Knibb
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COMMON COUNCIL
JULY 7,1997
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Inez J.
Parsons regarding the condition of Birchmount Road, and requesting an answer as to
what will be done in this regard -- be referred to the City Manager.
(Councillor Vincent re-entered the meeting.)
Question being taken, the motion was carried.
33. Trinity Galleries - Placement Of Cafe
Tables & Chairs At 128 Germain Street
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Trinity
Galleries requesting permission to set three small cafe tables and chairs on the brick
portion of the sidewalk in front of Trinity Galleries and Cafe -- be received and filed and
Council accede to the request.
Councillor Brown suggested that a request of the above nature should
be referred to staff.
Question being taken, the motion was carried with Councillor Brown
voting "nay".
34. Parish Of Musquash Local Service District
Advisory Committee - Solid Waste Transfer Station
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
Chairperson of the Parish of Musquash Local Service District Advisory Committee
advising that the residents of the Parish of Musquash find the awarding of a contract to
construct and/or operate a solid waste transfer station within their Parish boundaries
totally unacceptable, economically, environmentally, morally and socially, in equal order
of significance, and advising the intent to do all they can to prevent the situating of the
transfer station -- be received and filed.
Question being taken, the motion was carried.
35. FCM - Request For Resolutions
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the memorandum from
the Federation of Canadian Municipalities calling for resolutions for debate at the
National Board of Directors' meeting in September -- be referred to the City Manager
with the suggestion for resolutions with respect to Federal grants in lieu of taxes on
Federal port properties and on the Port Police issue.
Question being taken, the motion was carried.
36. City Centre Housing Co-Op
Additional SiQnaQe Elliott Row
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
City Centre Housing Co-Op requesting that the City look into adding signage on Elliott
Row in order to make it a safer neighbourhood for the children -- be referred to the City
Manager.
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Question being taken, the motion was carried.
37. W. William Allison - The Rocking Chair
Amendment To Section 39 Conditions Of
Re-ZoninQ Of 787-791 Loch Lomond Road
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the application of W.
William Allison of The Rocking Chair for an amendment to the Section 39 conditions of
re-zoning of 787-791 Loch Lomond Road 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 18,
1997, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
38. Toil Investments Ltd. Re-Zoning
Of 1310 ManawaQonish Road
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the application of Toil
Investments Ltd. for the re-zoning of property at 1310 Manawagonish Road 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 18, 1997, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
39. James W. Ferguson - Amendment
To Section 39 Conditions Of
Re-ZoninQ 180 Simms Street
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the application of
James W. Ferguson for an amendment to the Section 39 conditions of 180 Simms
Street 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 18, 1997, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
39A. Harold W. Killam/Money Concepts
Saint John - Re-Zoning Of
Property At 199 Westmorland Road
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the application of
Harold W. Killam / Money Concepts Saint John for the re-zoning of property at 199
Westmorland Road 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 18, 1997, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
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The Mayor noted that the next public meeting of Common Council
meeting was scheduled for 6:00 o'clock p.m., July 21, and that there would be a
Committee of the Whole meeting at 4:00 o'clock p.m., July 14; and asked the
Nominating Committee to meet at 3:30 o'clock p.m. on July 14.
Adjournment
On motion of Councillor Waldschutz
Seconded by Councillor Trites
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk