1997-08-05_Minutes
86-527
COMMON COUNCIL
AUGUST 5, 1997
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Tuesday, the fifth day of August, 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. D. Wilson, Acting City Manager; B. Cullinan, Solicitor; P.
Woods, Deputy Commissioner of Finance; W. Butler,
Commissioner of Community Services;S. Armstrong, Director of
Engineering; J. Baird, Manager of Community Planning; W.
Edwards, Building Inspector; S. Lodhi, Manager of Real Estate
and Facility Management; G. Tait, Fire Chief; A. Bodechon,
Assistant Deputy Chief of Police; Police Cst. D. Oram; and Mrs.
M. Munford, 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 Councillor Fitzpatrick
RESOLVED that minutes of the
meeting of Common Council, held on July 21, 1997, be approved.
Question being taken, the motion was carried.
* Added Item
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that a recommendation of the
City Manager regarding the proposed ward system of election, which was considered in
Committee of the Whole earlier this date under item 42, be added to the agenda of this
meeting as item 20A.
Question being taken, the motion was carried.
3. Mavor's Remarks
Mayor McAlary extended condolences to the family of the late Kenneth
G. G. Milne, a former member of the Fire Department, who passed away on July 31.
Mayor McAlary expressed appreciation to the Fire Chief G. Tait, Deputy
Fire Chief R. Simonds, and members of the Fire Department, for their successful efforts
in hosting the 1997 conference of the Canadian Association of Fire Chiefs; advised that
the judges for the Communities In Bloom competition will be visiting Saint John on
August 19 and 20 and that to date over 900 entries of individuals, organizations and
groups who have completed beautification projects in the City, have been registered;
and, in noting that persons are still using skateboards in King Square, and persons are
also using the fountain in the Loyalist Burial Ground as a pool area, asked for the
public's co-operation in these matters.
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4. Saint John Police Force
Implementation Team Update
Assistant Deputy Chief Bodechon presented the report on the activities
of the Saint John Police Force Implementation Team during the past two weeks.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the report from the
Saint John Police Force Implementation Team updating Council on its activities during
the past two weeks -- be received and filed.
Assistant Deputy Chief Bodechon confirmed that discussions are being
held with the R.C.M.P. with respect to reinstituting a joint forces drug operation, as
suggested in the Perivale-Taylor report, and it is expected that a recommendation will
be forthcoming from the Chief of Police in late October. He also confirmed that it was
the intent to have the differential response office open from 8 a.m. to 9 p.m.
Question being taken, the motion was carried.
5. Tender For Contract 97-6
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Contract 97-6 - Duck Cove sanitary sewer, storm sewer and
watermain, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered
price of $348,474, 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.
6. Tender For Contract 97-11
Consideration was given to a report from the City Manager regarding the
tender for Contract 97-11 - Holland Street - Ford Avenue water and sewer construction,
advising that the tender of Dean Construction Limited omitted to bid one item which,
under the City's tendering procedure, constitutes a reason for rejection of the said
tender and the tender should be declared informal; and recommending that the tender
be awarded to the lowest formal tenderer.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, (1) the tender of Dean Construction Limited for Contract 97-11 be
declared informal; and (2) Contract 97-11 - Holland Street - Ford Avenue water and
sewer construction, be awarded to the lowest formal tenderer, Nautilus Construction &
Rentals Ltd., at the tendered price of $207,631.62, 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.
7. Skateboard Park - Saint John West
Consideration was given to a report from the City Manager, further to
Council's request at its July 21 st meeting that locations other than the Beaconsfield
sports field be considered for the establishment of a skateboard facility, submitting a
site evaluation listing the eight sites and criteria considered; and advising that staff
have discussed the recommended King Square location with the parents and children
concerned and they support the location.
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COMMON COUNCIL
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On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council approve the establishment of a skateboard facility at
King Square West.
Mr. Butler advised that staff will monitor the playground adjacent to the
above site, and should problems be encountered, appropriate steps will be taken.
Question being taken, the motion was carried.
8. ExtendinQ AQreement For Stu Hurlev Arena Rental
Consideration was given to a report from the City Manager with regard to
the rental of the Stu Hurley arena by Mr. John Yerxa (Yerxa Sport Camps), as
approved by Common Council on December 2, 1996 and amended on April 14, 1997,
advising that discussions have been held with Mr. Yerxa concerning extending the
current agreement until the regular season begins, and Mr. Yerxa has proposed to
purchase from the City a minimum of 190 hours of ice time (at the same rate as the
current agreement of $65.00 per hour) between September 2 - October 9, 1997 with
the City to receive the $65.00 per hour rate for any additional hours of ice time sold;
that to reflect the additional rental, payments will be made to the City as follows: $2,000
on or before August 22; $5,000 on or before September 19; $5,350 on or before
October 3; and on or before October 17, $65.00 per hour for all hours sold beyond 190;
with all other terms of the agreement to remain the same.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Common Council consent to extending the existing agreement with
Mr. John Yerxa (Yerxa Sport Camps) with regard to rental of the Stu Hurley Arena, as
outlined in the submitted report.
Question being taken, the motion was carried.
9. Sale Of land, 278 Crown Street
To Mona Cathline
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that as recommended by the
City Manager, authority be granted for the sale of the freehold interest in property at
278 Crown Street, having an area of approximately 1,600 square feet, to Mona
Cathline for the sum of $0.50 per square foot, plus applicable taxes, subject to the
following conditions: (1) the purchaser be responsible for legal and survey costs to
transfer title; (2) the purchaser pay all, if any, property taxes and other accounts which
may be levied against the property; (3) the purchaser accept title to the property as is,
without any warranty from the City as to its condition; and (4) title to the property be
transferred on or before December 31, 1997.
Question being taken, the motion was carried.
10. Purchase And Demolition Of Property. 765 Brunswick Drive
Consideration was given to a report from the City Manager, further to
Council's resolution of March 3, 1997 regarding the dangerous and unsightly condition
of the property at 765 Brunswick Drive, (which resolution authorized the Building
Inspector to take the necessary steps to have the building demolished), advising that
subsequent to service of the appropriate notices to remedy on the property owners,
International Marine and Industrial Services Limited, the property was put up for tax
sale by the Province on March 25, 1997; that there were no offers to purchase the
property and if, following a period of 90 days after the tax sale the owners do not remit
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COMMON COUNCIL
AUGUST 5, 1997
to the Province all outstanding taxes, the Province becomes the owner of the property,
however, as the outstanding taxes were far more than the value of the property it was
not anticipated that the owners would pay the back taxes; that as the Province is not
subject to subordinate legislation the City cannot follow the same procedure for having
a building owned by the Province demolished, and it has been the practice to negotiate
a satisfactory resolve with the Province; that senior officials of the Provincial
Department of Supply and Services have indicated that they will be recommending to
Cabinet to transfer title of the property to the City for the sum of $1.00, subject to the
City agreeing to demolish the building and clean the property, with the anticipated cost
of demolition being approximately $6,500; and that following demolition and site
remediation the City would be in a position to offer the property for sale, with the
expected value of the vacant land being similar to the anticipated costs of demolition.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Council authorize staff to proceed with the purchase of property at 765
Brunswick Drive from the Province for the price of $1.00, and that the Building
Inspector be authorized to proceed with demolition of the structure subsequent to the
purchase.
Councillor Gould suggested that the Province should be responsible for
demolishing the above building, citing the experience with the former General Hospital
building.
Question being taken, the motion was carried with Councillor Gould
voting "nay".
11. Amending C.C.O. June 3, 1996 Re
Lease Of Land. 154 Thorne Avenue
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the City Manager, Common Council resolution of June 3, 1996 regarding the lease of
land at 154 Thorne Avenue to Debmar Enterprises Ltd., be amended by: (1) reducing
the lease area from 1,426 square metres to 713 square metres, more or less, to be
configured as generally shown on the submitted plan; (2) reducing the annual rent from
$3,600 to $1,800 and the annual escalation from $120 annually to $60 annually; (3)
that the driveway servicing the site be shared with the future lessee(s) of that portion of
the property being surrendered by Debmar Enterprises Ltd., as generally shown on the
submitted plan; that these changes be effective as of July 1, 1997; and (5) that all other
clauses in the June 3, 1996 resolution remain in effect:
AND FURTHER that the portion of 154 Thorne Avenue being
surrendered by Debmar Enterprises Ltd., as generally shown on the submitted plan, be
listed for leasing with the City's listing agents as per the agreement authorized by
Common Council on March 24, 1997 except that the commission payable for the
successful lease of this land be based upon one month's gross rent for each year of
the initial lease, excluding any renewals:
AND FURTHER that the Mayor and Common Clerk be authorized to
execute the necessary documents in this regard.
Councillor Brown questioned whether there could be any use made of
the remaining property, and Mr. Lodhi advised that the property to be listed for leasing
has an area of one to one and one-quarter acres, with the driveway for the entire lot to
be joined.
Question being taken, the motion was carried with Councillor Brown
voting "nay".
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AUGUST 5, 1997
(Councillors Ball and Fitzpatrick withdrew from the meeting as they were
not present for the April 14, 1997 public hearing for the Municipal Plan amendment and
re-zoning of 985-1001 Millidge Avenue).
12. Re Municipal Plan Amendment And
Re-ZoninQ. 985-1001 MillidQe Avenue
Consideration was given to a report from the City Manager regarding the
proposed Municipal Plan amendment and re-zoning of property at 985-1001 Millidge
Avenue, which was given first and second readings at the last meeting, advising that as
the Planning Advisory Committee did not recommend in favour of the proposed
amendments, the recommendation in the Committee's letter to Council, dated July 9,
1997, does not contain an appropriately worded resolution for Council's consideration
for third reading, however, Appendix C of the Committee's report to Council (which had
been prepared by staff so that important details would not be omitted in the event that
there was a desire to approve the proposal) does not include these details; that items 1
to 5 in Appendix C are submitted for Council's convenience should it be decided to give
third reading and adoption, with one change having been made to item 5 with respect
to the number of dwelling units, to reflect the applicant's modification of the proposal
from 15 units to 14 units, which modified proposal is illustrated on the site plan and
building elevation drawings which have been submitted by the applicant; that the
remaining items 6 to 10 in Appendix C deal with the subsequent subdivision of the
property, which was not dealt with by the Committee, and that these issues will need to
be returned to the Planning Advisory Committee for consideration; and submitting
resolutions regarding the Municipal Plan amendment and re-zoning for Council's
consideration in the event that Council wishes to approve the applicant's proposal, the
resolution regarding re-zoning including the following: "subject to an agreement
pursuant to section 39 of the Community Planning Act tying the development of the
property to the applicant's proposal to construct 14 attached one-family dwellings in
accordance with detailed site and building plans attached to and forming part of the
agreement." .
On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that the above report be
received and filed.
Question being taken, the motion was carried.
16. (a) Municipal Plan Amendment And
(b) Re-Zoning 985-1001 Millidge Avenue
(c) Letters & Petition Re Above
(d) Letter From Applicant Re Above
Consideration was given to third reading of the proposed Municipal Plan
amendment and re-zoning of property at 985-1001 Millidge Avenue, which was given
first and second readings at the last meeting, and to {Q} letters from Donna Lewell in
objection to the proposed development, the New Brunswick Building and Construction
Trades Council asking Common Council to approve this project, Saint John
Construction Association Inc. in support of the project, and a letter and petition from
Mrs. Beverly Henneberry in opposition to the proposal, and {Q} a letter from Rocca
Property Management Inc. regarding the proposed amendments, advising that as
further evidence of their good faith and willingness to satisfy those with legitimate
concerns about the density of the project, they are willing, if Council approves the
change to the Municipal Plan, to agree to include in the section 39 agreement that they
will only build 11 homes; and noting that as can be seen from the submitted site plan, in
their 11 home concept they have eliminated the private street off Manners Sutton
Road; have dramatically increased the set backs for most of the homes; are not
relocating or using the exiting sidewalk and have provided their own on-site visitor
parking; and finally, as they proposed to do in the other plans, they will place all
services underground.
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On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-Law", by amending the Millidgeville Secondary
Plan by amending: (1) Section 2.1.2 (DEVELOPMENT POLICIES - Residential
Development - Objectives) by adding the following: "7. To permit the development of
specific large scale developments of high quality residential uses at varying densities
on specific development sites, where deemed appropriate."; (2) Section 2.1.3.4 of the
Millidgeville Secondary Plan (DEVELOPMENT POLICIES - Residential Development-
Policies - Neighbourhood Character) by adding the following sentence immediately
after the first sentence: "WHERE SPECIFIC LARGER-SCALE DEVELOPMENTS ARE
PROPOSED, SPECIFIC APPROVALS PURSUANT TO SECTION 39 OF THE
COMMUNITY PLANNING ACT WILL BE REQUIRED, WHICH WILL INCORPORATE
FEATURES WHICH ADDRESS THE RELATIONSHIP OF THE PROPOSED
DEVELOPMENT TO ITS SURROUNDING AREA."; (3) Exhibit 3-1 in Section 3.2 of the
Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELlNES-
Development Areas) by deleting the number "5" under the heading "Future
Development Area Intensity" for Development Area A, and replacing it with the
numbers "5 & 6"; (4) Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT
AREA DESIGN GUIDELINES - Projects and Proposals - Development Area A:
Millidgeville Core) by adding the following new paragraph between the two existing
paragraphs under the heading "Development Theme/Character: "To also permit the
development of attached single-family dwellings at Intensity 6, in a high-quality unified
development located at the northwest corner of Millidge Avenue and Manners Sutton
Road. The development will be carried out in accordance with a specific detailed
proposal adopted by Common Council pursuant to Section 39 of the Community
Planning Act.", be read a third time and enacted and the Common Corporate Seal be
affixed thereto.
Councillor Arthurs stated that after listening to the area residents, many
of whom were present in the Council Chamber, and after visiting their neighbourhood,
she cannot vote for this project due to its density and as the property is too small.
Speaking against the proposal, Councillor Gould stated that the citizens of Millidgeville
have spoke loud and clear, noting that more than 60 citizens met with the Mayor and
some members of Council last Monday night on Meadowbank Avenue, and that much
of the opposition is confirmed in petitions and documents filed with Council and in
almost every case, the citizens are urging Council to deny the re-zoning of this
property; while the developer at the eleventh hour has indicated he can live with 11
units, Council should realize that density is only of the undesirable features of this
proposal, and the whole concept is wrong; referenced a letter to Council from Mr. H.
Sauerteig, dated March 17, 1997, and asked Council to take heed of his comments;
regarding comments on the need to increase the City's tax base, he stated he suspects
that more residential taxes come from the Millidgeville area than any other residential
area of similar size in the City; and asked that Council follow the recommendation of
Planning staff and the Planning Advisory Committee and listen to the area residents,
and deny the re-zoning, and send the developer back to the professional staff to
develop acceptable housing designed for this site. Councillor Waldschutz stated he will
support the proposal due to the increased tax base and the action of the developer in
addressing the concerns of the area residents regarding unsightly wiring, traffic,
parking, and density of the project.
(Councillor Vincent entered the meeting).
Councillor Vincent stated that he does not believe that density is the
major issue in this project; it is that the area residents do not want the project as it is a
significant change from the Millidgeville Secondary Plan and, in view of this majority
opposition, he will not support third reading. Mayor McAlary stressed the need for
employment opportunities and for persons to live in the City; noted the priority of this
Council to increase the residential tax base to ensure a favourable tax rate to attract
new business opportunities; and cited the changes made by the developer in the
project.
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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 Councillors Arthurs,
Gould and Vincent voting "nay".
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-439 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning the property at 985-1001 Millidge Avenue
(NBGIC Numbers 48363 and 470047), located on the northwest corner of Millidge
Avenue and Manners Sutton Road, having a frontage of approximately 226 feet on
Millidge Avenue, a frontage of approximately 100 feet on Manners Sutton Road and
area of approximately .52 acres, from "B-1" Local Business to "ID" Integrated
Development classification, be read a third time and enacted and the Common
Corporate Seal be affixed thereto:
AND FURTHER that the said re-zoning be subject to an agreement
pursuant to Section 39 of the Community Planning Act tying the development of the
property to the applicant's proposal to construct 11 attached one-family dwellings in
accordance with detailed site and building plans attached to and forming part of the
agreement.
Councillor Trites noted the changes made by the developer to address
the residents' concerns on the density of the project, including a reduction in the
number of dwellings, increasing the setbacks, providing parking, and eliminating the
private street.
The by-law entitled, "By-Law Number C.P. 100-439 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 Arthurs,
Gould and Vincent voting "nay".
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the correspondence
regarding the above amendments be received and filed.
Question being taken, the motion was carried with Councillor Gould
voting "nay".
(Councillors Ball and Fitzpatrick re-entered the meeting).
30. (a) Municipal Plan Amendment &
(b) Re-ZoninQ Of 60 Ross 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, three parcels of land at 60 Ross Street
(NBGIC Number 55101190), located adjacent to the Lower Cove Loop Road and
containing a total area of approximately 931 square metres, from Medium Density
Residential to Light Industrial classification; and (b) re-zoning the same parcels of land
from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification, to
permit the development of an office/warehouse building, as requested by Tony Rickett,
and no written objections were received in this regard.
{Q}
Consideration was given to a report from the Planning Advisory
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Committee submitting a copy of the Planning staff's report considered at the
Committee's July 29 meeting at which the applicant spoke in favour of the application
and indicated that he would like to receive approval of the re-zoning prior to preparing a
more detailed site and building plans and his intention to develop the property with a
high-quality development which would be compatible with the area, and no other
persons attended the meeting and no letters were received; advising that the
Committee tabled the application for a maximum of one month so that further details of
the proposal could be prepared and submitted by the applicant for review by staff and
the Committee, as well as to investigate the location of the sewer line; and
recommending that the public hearing be held on August 5, 1997 as advertised but no
decision be made until the Committee is able to submit a recommendation.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended
by the Planning Advisory Committee, no decision be made on the application of Tony
Rickett for a Municipal Plan amendment and re-zoning of property at 60 Ross Street
until the Committee is able to submit a recommendation.
Question being taken, the motion was carried.
31. (a) Zoning By-Law Amendment To
Re-Zone 103 Burpee Avenue
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of four parcels of land containing a
total area of approximately 1.25 acres, being a portion of 103 Burpee Avenue (NBGIC
Numbers 23556,23564 and 55018808) and a former "local common area", from "RM-
1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification,
to place all of the Rocmaura property within the same zone classification for the
present use, as requested by the Sisters of Charity of The Immaculate Conception, and
no written objections were received in this regard.
{Q}
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 29 meeting at which Mr. Ray Glennie appeared on behalf of the applicant and
indicated agreement with the staff recommendation; and recommending that Common
Council re-zone four parcels of land identified as NBGIC Numbers 23556,23564,
55018808 and a former "local common" area, forming a portion of the Rocmaura
property located at 103 Burpee Avenue, from "RM-1" Three-Storey Multiple Residential
to "IL-1" Neighbourhood Institutional classification.
Mr. Raymond F. Glennie, Q.C., solicitor for the applicant, was present in
support of the proposed re-zoning and offered to respond to questions in this regard.
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 concern re-zoning four parcels of
land identified as NBGIC Numbers 23556,23564,55018808 and a former "local
common" area, forming a portion of the Rocmaura property located at 103 Burpee
Avenue, from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood
Institutional 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
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Seconded by Councillor Trites
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concern re-zoning four parcels of
land identified as NBGIC Numbers 23556,23564,55018808 and a former "local
common" area, forming a portion of the Rocmaura property located at 103 Burpee
Avenue, from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood
Institutional 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 re-zoning be received and filed.
Question being taken, the motion was carried.
32. (a) Amendment To Section 39 Conditions
Re-ZoninQ 400 Main Street (Place 400)
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed amendment to the proposal adopted by Council in
1973 pursuant to Section 39 of the Community Planning Act, i conjunction with the "ID"
Integrated Development zoning of 400 Main Street (Place 400), NBGIC Number 208, to
permit two new signs on the exterior facade of the building to advertise Tele-Direct, as
requested by Hansen Signs, and no written objections were received in this regard.
{Q}
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 29 meeting at which no one was present to speak in favour of or against the
application and no letters were received; and recommending that Common Council
amend the proposal adopted by Council in 1973 pursuant to Section 39 of the
Community Planning Act in conjunction with the "ID" Integrated Development zoning of
400 Main Street (Place 400), being NBGIC Number 208, to permit two additional
exterior facia signs, each having dimensions of approximately 25 feet by 2.5 feet, with
one sign facing Main Street and one sign facing Hilyard Street, as illustrated on the
submitted plan.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council amend the proposal adopted by
Council in 1973 pursuant to Section 39 of the Community Planning Act in conjunction
with the "ID" Integrated Development zoning of 400 Main Street (Place 400), being
NBGIC Number 208, to permit two additional exterior facia signs, each having
dimensions of approximately 25 feet by 2.5 feet, with one sign facing Main Street and
one sign facing Hilyard Street, as illustrated on the submitted plan.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the correspondence
regarding the above amendment be received and filed.
Question being taken, the motion was carried.
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33. (a) Amendment To Section 39 Conditions
Of Re-ZoninQ Of 15 Fulton Lane
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed amendment to the Section 39 conditions imposed
on the September 12, 1988 re-zoning of the property located at 15 Fulton Lane
(formerly known as 936 Rothesay Road), also identified as NBGIC Number 297739, to
permit the site and building to be used for general retail use, including a retail clothing
store, in addition to the present permitted use as a florist shop, pet supply store and/or
tack shop, as requested by John Maurer, and no written objections were received in
this regard.
{Q}
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and a letter supporting the
proposed Section 39 amendment, considered at the Committee's July 29 meeting at
which the applicant expressed agreement with the staff recommendation that the
Section 39 amendment be approved but did not agree with the staff recommendation
with respect to his request for a variance to permit a proposed roof sign; advising that
the Committee, in deciding to recommend that Council approve the amendment to the
Section 39 conditions, did not approve the requested variance to permit a roof sign;
and recommending that Common Council amend the Section 39 conditions imposed on
the September 12, 1988 re-zoning of the property located at 15 Fulton Lane (formerly
known as 936 Rothesay Road), also identified as NBGIC Number 297739, to permit the
site and building to be used for general retail uses, including a retail clothing store, in
addition to the present permitted use as a florist shop, pet supply store and/or tack
shop.
Mr. John Maurer, the applicant, was present at the meeting and in
response to his query, Mr. Baird advised that the requested variance to permit a roof
sign was not approved by the Planning Advisory Committee, which has jurisdiction for
granting variances.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council amend the Section 39 conditions
imposed on the September 12, 1988 re-zoning of the property located at 15 Fulton
Lane (formerly known as 936 Rothesay Road), also identified as NBGIC Number
297739, to permit the site and building to be used for general retail uses, including a
retail clothing store, in addition to the present permitted use as a florist shop, pet supply
store and/or tack shop.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the correspondence
regarding the above amendment be received and filed.
Question being taken, the motion was carried.
34. Municipal Plan Amendment
3030 Loch Lomond Road
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at
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AUGUST 5, 1997
3030 Loch Lomond Road (NBGIC Number 332114), with an area of approximately
25,000 square feet, to permit the establishment of an upholstery shop on the property
in addition to the existing house, as requested by Ronald Savard.
Councillor Vincent suggested that there is a problem involving the above
property which should be addressed.
(Councillors Arthurs and Fitzpatrick withdraw from the meeting as they
were not present for the July 21, 1997 public hearings for the Municipal Plan
amendment and re-zoning of 114 Loch Lomond, and the re-zoning of 243 Sherbrooke
Street) .
13. Proposed Section 39 Re-Zoning
Conditions. 114 Loch Lomond Road
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the report from the
City Manager regarding the proposed Municipal Plan amendment and re-zoning of
property at 114 Loch Lomond Road, which amendments were given first and second
readings on July 21, 1997, advising that following the public hearing a concern was
expressed by Council that condition (a) of the proposed section 39 agreement as
recommended by the Planning Advisory Committee, which would limit the use of the
property to a real estate office only, did not adequately reflect the applicant's proposal
to retain one dwelling unit within the building and it does not appear that it was the
Committee's intention to prohibit the residential use; and submitting a revised
recommendation for Council's consideration at third reading which changes condition
(a) to read "the subject property only be used as a real estate office and one dwelling
unit" -- be received and filed.
Question being taken, the motion was carried.
17. (a) Municipal Plan Amendment And
(b) Re-ZoninQ 114 Loch Lomond Road
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the
Future Land Use Plan, a parcel of land located at 114 Loch Lomond Road (NBGIC
Number 319228), containing an area of approximately 46,000 square feet with a
frontage of approximately 80 feet, from Low Density Residential to District Centre
Commercial 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.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"C.P. 100-440 A Law To Amend The Zoning By-Law Of The City of Saint John", insofar
as it concerns re-zoning a parcel of land located at 114 Loch Lomond Road (NBGIC
Number 319228), containing an area of approximately 46,000 square feet with a
frontage of approximately 80 feet, from "R-2" One- and Two-Family Residential to "B-2"
General Business classification, be read a third time and enacted and the Common
Corporate Seal be affixed thereto:
AND FURTHER that the said re-zoning be subject to an agreement
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AUGUST 5, 1997
pursuant to Section 39 of the Community Planning Act with the following conditions:-
(a) the subject property only be used as a real estate office and one dwelling unit; (b)
the applicant be required to prepare a detailed site plan for approval by the
Development Officer; (c) the signage be permitted only as approved on the site plan by
the Development Officer; (d) the driveway and parking areas be paved with asphalt; (e)
the applicant provide on-site parking with sufficient area provided to allow vehicles to
exit in a forward motion onto Loch Lomond Road and not back out onto the street; (f)
the applicant be required to remove the rock at the entrance of the property, subject to
Development Officer approval, in order to provide sufficient viewing access to the
subject site and/or Loch Lomond Road; and (g) the applicant be required to post
security, in an amount to be determined by the Development Officer, to ensure that the
site is developed in accordance with the approved site plan and the above-stated
conditions are met, all work to be completed by six months of this meeting date.
The by-law entitled, "C.P. 100-440 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.
18. Zoning By-Law Amendment To
Re-Zone 243 Sherbrooke Street
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-441 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning approximately 662 square metres (7,125 square
feet) of land situated at 243 Sherbrooke Street (NBGIC Numbers 389882,55102487
and 55102495), from "R-2" One- and Two-Family 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. 100-441 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 Gould
voting "nay".
(Councillors Arthurs and Fitzpatrick re-entered the meeting).
14. Re Committees To Discuss
Proposed ReQional Commissions
On motion of Deputy Mayor Chase
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager advising that at the request of Provincial staff he advised the Province that
the City's representatives designated to participate in discussions regarding proposed
regional commissions are: Economic Development - 1. Totten; Regional Planning - J.
Baird and W. Edwards; and Regional Major Facilities - P. Woods; that he stipulated to
the Province that should these committees assume more than a working group role that
elected officials from the City must be directly involved; noting that Council has agreed
and provided each of its staff representatives an initial position with respect to each of
the proposed regional commissions; and that it is the intention of staff to keep Council
fully apprised of the discussions that are being held -- be received and filed.
Referencing the letter on the agenda of this meeting from the
Transitional Council for the new Town of Quispamsis advising of their nominees to
these committees, Councillor Knibb noted that two of the three persons named in the
said letter are elected officials, and stated that these discussions with the Province are
most critical, and he wants to ensure that the Province does not enact legislation which
is not in the best interest of the City. Mr. Wilson noted that these are working
committees, comprised of local and Provincial staff. Deputy Mayor Chase stressed that
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AUGUST 5, 1997
elected officials must eventually be involved in the discussions with the Province as this
major proposed change affects the very foundation of governance in this City.
Councillor Gould stated that the committees will result in the City's Tourism Department,
Planning Department, Harbour Station, and Enterprise Saint John reporting to an
unelected commission, which from his experience causes major problems. Councillor
Vincent stated that, in order to have any impact, this Council must work together and
approach both Provincial and Federal Governments, to let them know our position on
major issues affecting the City. Regarding the proposed Economic Development and
Regional Major Facilities commissions, Councillor Trites stated that the City should
keep the organization of those commissions relatively simple as Harbour Station, the
Aquatic Centre, and Enterprise Saint John have boards in place to operate the
facilities, and as he believes that the purpose of the commissions will be to facilitate
funding from suburban communities to support these facilities. He suggested that the
appointment of liaison Councillors to each of the working groups might be considered.
Councillor Ball expressed his agreement with the comments made on this issue and the
need for Council to have a closer relationship with the other levels of government.
Mayor McAlary stated that if Council wishes a further meeting with the local M.L.A.'s, it
must have a clear direction on items of concern.
Question being taken, the motion was carried.
15. Chief Of Police
Establishment ChanQe
Mayor McAlary advised that the Police Department has requested that
this item be withdrawn from the agenda.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that item 15 be withdrawn
from the agenda of this meeting.
Question being taken, the motion was carried.
19. Committee Of The Whole Report
Read the report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on Monday, July 21, 1997, when there
were present Mayor McAlary and Councillors Ball, Brown, Chase, Knibb, Trites, Vincent
and Waldschutz, and your Committee submits the following recommendation, namely:-
1. That with regard to the presentation by the Park Committee for the Jervis
Bay Memorial Branch No. 53 of The Royal Canadian Legion for funding to finalize its
work at the Ross Memorial Park, a grant of $15,000 be approved.
Tuesday, August 5, 1997,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
19.1. Grant For Ross Memorial Park
On motion of Councillor Gould
Seconded by Councillor Trites
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
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COMMON COUNCIL
AUGUST 5, 1997
(Councillor Trites withdrew from the meeting).
Question being taken, the motion was carried.
20. The Market Square Corporation
Request To ChanQe Name
Read a letter from The Market Square Corporation advising that it now has
agreement from the Federal and Provincial Governments to change its name to Saint
John Development Corporation and all that it requires is formal approval from the City
to complete the change; submitting a copy of the Urban Renewal Sites Trust
Declaration for reference, and asking that Council consider this letter as its formal
request for consent from the City to change the name of The Market Square
Corporation to Saint John Development Corporation.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as requested by The Market
Square Corporation, the City of Saint John consent to change the name of the
Corporation to Saint John Development Corporation.
(Councillor Vincent withdrew from the meeting and Councillor Trites re-
entered).
Question being taken, the motion was carried with Councillor Gould
voting "nay".
(Councillor Vincent re-entered the meeting).
(a) Roohi Najam Malik To Appear Re Dangerous And
Unsightly Condition Of Buildings At 443 Main
Street. 437 Main Street And 314 Metcalf Street
Notice had been given to Roohi Najam Malik and to any other person it
may concern to appear to show cause, if any, why Common Council should not find the
buildings located at 437 Main Street (NBGIC Number 373498),443 Main Street (NBGIC
Number 370650) and 314 Metcalf Street (NBGIC Number 370833), to be in a
dangerous and unsightly condition and also require Roohi Najam Malik to remedy the
condition, within such time as Common Council may set, by either demolishing the
aforesaid buildings and removing the debris or by carrying out the work set out in the
submitted reports.
{Q}
Consideration was also given to a report from the City Manager advising
that the three wood frame buildings located at 437 Main Street, 441-443 Main Street
and 314 Metcalf Street (NBGIC Numbers 373498, 370650 and 370833, respectively)
occupy three separate properties, all owned by Roohi Najam Malik, and the Building
Inspection records indicate that, since approximately mid-1996, these buildings have
been vacant and frequently open to public entry and have deteriorated over the years
to a point where they are now dangerous to the public; and recommending adoption of
the submitted resolution in this regard.
Mr. Edwards, referring to the above report, advised that the subject
adjoining buildings have been vacant since approximately mid-1991 and the Building
Inspector's Office has been dealing with the owners with respect to the condition of the
buildings as early as October 1988; from 1988 to date the buildings have continued to
deteriorate with little apparent effort by the owners to repair or maintain the buildings
until approximately mid-1991 when the conditions deteriorated to the point where the
buildings were uninhabitable; beginning in September 1991 his Office began to receive
periodic complaints that the buildings were open to the public and being used by youths
and transients and the buildings were vandalized and building materials were
scavenged. He advised that many violation notices were sent to the owners requiring
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COMMON COUNCIL
AUGUST 5, 1997
them to secure the buildings, however, even though they did meet with some success
early in 1991 by having the owners secure the buildings, the attempts made by the
owners proved to be inadequate and of short duration; deterioration of the buildings
has continued and in recent years at an accelerated pace; and that in his opinion these
three buildings are dangerous to the public and should be removed. Mr. Edwards
reviewed the photographs submitted with the above report; and advised that he
received a telephone call this morning from the husband of the owner of the buildings,
Mr. Malik, who resides in Sudbury, Ontario, who said he would prefer to keep the
buildings but that he would respect the Building Inspector's opinion and arrange to have
the buildings demolished. Mr. Edwards asked that Council adopt the resolution
submitted with the above report from the City Manager.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the following
resolution be adopted, namely:
"WHEREAS the records in the Saint John County Registry Office show Roohi
Najam Malik to be the registered owner of the fee simple title to the parcels of land and
buildings which are located at 437 Main Street (NBGIC parcel #373498) and 443 Main
Street (NBGIC parcel #370650) and 314 Metcalf Street (NBGIC #370833) in the City of
Saint John, in the County of Saint John and the Province of New Brunswick. The said
parcels of land are shown on the portion of the New Brunswick Geographical
Information Corporation (NBGIC) plan which was submitted as Schedule "B". The said
parcels of land are more particularly described in the Schedule "A" which was
submitted and which was attached to the deed to Roohi Najam Malik from Khalid
Mahmood Malik which was dated September 14, 1992, and was registered on
September 21, 1992, in book 1602 as Number 318258 at pages 393-398 in the Saint
John County Registry Office. 443 Main Street is connected to 437 Main Street and 314
Metcalf Street by common walls and interconnecting doors. The buildings are shown
on the submitted Schedule "C";
AND WHEREAS the subject lands and buildings are located in an area
mentioned in the By-Law entitled "A By-Law Respecting Dangerous Or Unsightly
Premises Within The City Of Saint John";
AND WHEREAS, contrary to the by-law, the three buildings have become
deteriorated or dilapidated so as to be in a dangerous and unsightly condition;
AND WHEREAS, after having considered; (a) the submitted inspection reports
of Mr. David Crawford, P.Eng., Deputy Building Inspector, which are dated May 5,
1997, and May 6, 1997 and June 12, 1997; (b) the report from the City Manager and
others which was dated June 23, 1997; (c) the submitted letter from Thomas P. White,
Division Chief, Fire Prevention & Investigation, Saint John Fire Department, dated June
18, 1997; (d) the submitted letter from Brian Fillmore, Assistant Deputy Chief of the
Saint John Police Force dated June 23, 1997; and (e) the oral report of Mr. William
Edwards, P. Eng., the Building Inspector of The City of Saint John, we find that each of
the subject buildings is dilapidated or deteriorated so as to be in a dangerous and
unsightly condition.
BE IT RESOLVED that Roohi Najam Malik is hereby required to remedy the
dangerous and unsightly condition of her buildings at 437 Main Street and 443 Main
Street and 314 Metcalf Street, within 15 days after a notice from the Building Inspector
of the City of Saint John is served upon her in accordance with Section 190(4) of the
Municipalities Act of New Brunswick, by either demolishing the buildings and removing
the debris or by carrying out the following work:
(1) remove any loose materials from the ceilings;
(2) remove any objects protruding from the walls;
(3) remove any material littering the floors and stairways;
(4) remove all broken glass from the windows;
(5) prevent easy entry to the interior of the buildings by boarding up
windows, doors or other openings. Boarding materials shall be those designed to
withstand prolonged exposure to the elements, and such materials shall be applied in
such a manner as to present a uniform appearance over all of the buildings;
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COMMON COUNCIL
AUGUST 5, 1997
(6) repair or replace any rotted or missing shingles on the wall and paint the
affected area;
(7) repair any holes in the roof(s);
(8) secure any loose siding;
(9) any deteriorated siding should be repaired or replaced and secured and
then painted;
(10) repair any dangerous masonry;
(11) repair the foundation wall;
(12) remove the wooden deck and stairs which are presently deteriorated and
partly demolished;
(13) secure or remove the eavestrough which is loose and hanging;
(14) remove the scrap lumber, discarded propane tanks, broken furniture and
other debris from the yard;
(15) replace the missing corner boards;
(16) replace any of the roof edge facia which is missing or deteriorated.
BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to
serve a notice upon Roohi Najam Malik, in accordance with Section 190(4), which
requires her to, within 15 days of the service of the notice upon her, remedy the
dangerous and unsightly condition of the three buildings by either demolishing them
and removing the debris or by carrying out the aforesaid work.
BE IT FURTHER RESOLVED that in the event that Roohi Najam Malik does not
comply with the Building Inspector's notice, then the Building Inspector is directed to
apply to the Court of Queen's Bench of New Brunswick for an Order which would; (a)
require Roohi Najam Malik to demolish the buildings at 437 Main Street and 443 Main
Street and 314 Metcalf Street and remove the debris within 15 days or such further time
as the Court deems appropriate; and would (b) authorize The City of Saint John to
cause the three buildings to be demolished and the debris removed at the expense of
Roohi Najam Malik in the event that she does not comply with the Order."
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the above report
from the City Manager be received and filed.
Question being taken, the motion was carried.
*20A. Re Proposed Ward System Of Election
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the following resolution be adopted, namely:
"WHEREAS the Municipalities Act currently enables municipal councils
to determine the system of election, whether by ward or at large, which best serves the
representation and governance interests of the municipality; and
WHEREAS the Province of New Brunswick has proposed to amend the
Municipalities Act to allow the Minister to impose a ward system of election upon
municipalities other than newly created, annexed or amalgamated municipalities; and
WHEREAS the Province has indicated its intention to impose a ward
system of election upon the City of Saint John; and
WHEREAS this intention is seen as an unwarranted intrusion into the
affairs of local government in the Province of New Brunswick; and
WHEREAS local government in the Province of New Brunswick has
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COMMON COUNCIL
AUGUST 5, 1997
always demonstrated an ability to govern in a responsible manner:
THEREFORE BE IT RESOLVED that Common Council advise the
Province that it strongly opposes any 'process for change' undertaken by the Province,
that does not give due recognition to the responsibilities of locally elected municipal
councils, as currently defined in the Municipalities Act.".
During discussion several Council members spoke against the Province
imposing a ward system for the City, and questioned the rationale for such action being
proposed. Mayor McAlary advised that the Mayors of the other cities in the Province
are very concerned with the Province taking over matters within the jurisdiction of
municipal government, and have asked to meet with the Premier in this regard.
Question being taken, the motion was carried.
21. Ward Skinner - Resignation From
The Market Square Corporation
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Ward
Skinner resigning his position as a Director of The Market Square Corporation -- be
received and filed and Mr. Skinner be thanked for his service.
Question being taken, the motion was carried.
22. Brian Robert Thorne - Application
For Re-ZoninQ 1770 Sand Cove Road
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the application of
Brian Robert Thorne for the re-zoning of 1770 Sand Cove 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,
September 15, 1997, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
23. Urban Core Support Network
Re Economic Unit Policy
Of Human Resources Development
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the Urban
Core Support Network referring to its April 28 to Council of information on its activities
and the Economic Unit Policy of Human Resources Development - NB (HRD-NB);
explaining the "economic unit" policy, summarizing the Premier's response to its
concerns, and recommending a response for Common Council on this issue -- be
received and filed and Council endorse the position being taken by the Urban Core
Support Network.
During discussion, Councillor Waldschutz noted that while he supports
the efforts of the above group, the responsibility for social programs rests with the
Provincial Government.
Question being taken, the motion was carried with Councillor Waldschutz
voting "nay".
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COMMON COUNCIL
AUGUST 5, 1997
24. Transitional Council For The New Town Of
Quispamsis - Appointments To ReQional Committees
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Catherine
P. Snow, Acting Clerk of the Transitional Council for the new Town of Quispamsis
advising of the people appointed to the Regional Committees whose mandate it is to
set up the structure for the regional commissions -- be received and filed.
Question being taken, the motion was carried.
25. New Brunswick Multicultural Council
Support For PhotoQraphic Exposition
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that request from the New
Brunswick Multicultural Council for a financial contribution in the amount of $1,830 to
assist with the related costs incurred to mount a photographic exposition - Saint John
Many Faces, in which fifteen photographers will travel across Canada to capture
images of the ethnic and cultural diversity which comprise Canada, be denied and
Council extend its best wishes for this event.
The initial motion proposed by Councillor Knibb, and seconded by
Councillor Waldschutz, was to refer the above request to the City Manager for a
recommendation, however, it was noted that the unspecified grants budget is
overexpended and that the City funds the Aitken Bicentennial Exhibition Centre, where
the exposition will be held, and the motion was withdrawn. Councillor Waldschutz
suggested that consideration be given to providing one-third of the requested funding.
Question being taken, the motion was carried with Councillors Ball and
Waldschutz voting "nay".
26. Request For Permission for
UNBSJ's 1997 Shinerama CampaiQn
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as requested by
Candace Sturgeon, Co-Shinerama Coordinator, permission be granted for UNBSJ's
1997 Shinerama fundraising campaign for cystic fibrosis to be held on Wednesday,
September 3rd between the hours of 10 a.m. and 5:30 p.m.
Question being taken, the motion was carried.
27. Richard Walsh Re Businesses
On Loch Lomond Road
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Richard
Walsh advising of the problems he sees with living on Loch Lomond Road with small
businesses starting all along this heavily-travelled road -- be received and filed.
Question being taken, the motion was carried.
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28. River Road Concerned Citizens Committee
Excavation In Acamac Backland Road Area
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that the letter from the River
Road Concerned Citizens Committee advising that residents of this area have become
aware of excavation activity on lands bordering the outer portion of Acamac Backland
Road; and requesting that the City Solicitor be asked to address the matter of the legal
status of proposed pit and quarry uses of land within the "RF" (Rural) zone, under the
existing Municipal Development Plan -- be received and filed.
The initial motion proposed by Councillor Fitzpatrick, and seconded by
Councillor Trites, was to refer the above letter to the City Manager for a report,
however, following a verbal report from the Building Inspector, in which he advised that
the issue has been resolved and no aggregate was removed from the site, the
proposed motion was changed to that above.
Question being taken, the motion was carried.
29. Jeff Fulton - Amendment To Section 39
Conditions To Re-ZoninQ 213-217 Ludlow Street
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the application of Jeff
Fulton for an amendment to the Section 39 conditions of re-zoning of 213-217 Ludlow
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, September 15, 1997, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
Expression Of Appreciation To D. C. Wilson
Mayor McAlary noted that this would be the last Common Council
meeting at which Mr. Wilson would be present and, on behalf of the members of
Common Council, expressed appreciation for his dedication, loyalty and
professionalism as Commissioner of Finance and Treasurer for the City, and extended
best wishes to him as he assumes the role of Provincial Auditor General in September.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk