1998-05-19_Minutes
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COMMON COUNCIL
MAY 19,1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Tuesday, the nineteenth day of May, AD. 1998, at 4:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites, Vincent and Waldschutz
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; P. Woods, Deputy City Manager; J. C.
MacKinnon, Commissioner of Environment and Development
Services; P. Groody, Commissioner of Municipal Operations; W.
Butler, Commissioner of Community Services; S. Galbraith,
Director of Works; J. Baird, Manager of Community Planning; S.
Lodhi, Manager of Real Estate and Facility Management; J.
Flogeras, Project Engineer; C. Cogswell, Chief of Police; R.
Simonds, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C.
Mosher, Assistant Common Clerk.
1. MeetinQ Called To Order - OpeninQ Prayer
Mayor McAlary called the meeting to order, and Reverend Bob Freill of
the Roman Catholic Diocese offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that minutes of the meeting
of Common Council, held on May 4, 1998, be approved.
Question being taken, the motion was carried.
3. Mavor's Remarks
Mayor McAlary commended City employees of the Works Division
(West) and students, teachers and staff of St. Patrick's School involved in a wood-chip
mulch give-away program on May 15 and 16, which raised over $1,300 for the School's
breakfast program; and advised that the pick-up of tree debris from the ice-storm would
be completed on May 22, and also that the Saint John Police Force would be holding
its 2nd Annual Clean Sweep project on May 23. Mayor McAlary noted that this was the
last meeting of the current Council, with the Swearing-In Ceremony of the incoming
Council members to be held on May 25. The completion of filming in Saint John of the
movie "In Self-Defence" was noted, as was the intent for a fall premiering of it at the
Imperial Theatre. Councillors Gould and Waldschutz commented on their experience
as members of Common Council.
(Councillor Fitzpatrick entered the meeting.)
4{a) Lantic SUQar Issue
Consideration was given to a letter from Mayor McAlary advising of her
meeting, on Tuesday of last week before the announcement was made public on Lantic
Sugar, with The Honourable Roly Macintyre, the Saint John Board of Trade, the Port of
Saint John, and Enterprise Saint John to discuss strategy and direction on this issue
and that she made public through the media the next day that they would be forming a
task force to discuss opportunities for the site of Lantic Sugar, and that the process
would be moving forward with all parties, including members of Common Council, and a
meeting date would be established within the next week.
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4(b) Elsie E. Wayne, M.P.,
MeetinQ Re Lantic SUQar
Consideration was also given to a letter from Elsie E. Wayne, M.P.,
suggesting that, further to the recent announcement regarding Lantic Sugar, it was
imperative to all work together with Lantic to come up with a solution to create another
opportunity to employ some of the workers of the refinery; and requesting a meeting
within the week of May 18 to discuss ideas and options.
Mayor McAlary advised of the establishment of a task force consisting of
the Mayor and members of Common Council, Minister of Economic Development,
Tourism and Culture The Honourable Roly Macintyre, M.P. Elsie Wayne, Saint John
Board of Trade President Linda Forestell, David Barry and Stephen Carson of
Enterprise Saint John, Peter Glennie of the Port of Saint John, Lantic Sugar Labour
Union President Mark Trecartin, and President of the District Labour Council Bill Farren,
with a meeting to be held at 12:00 o'clock noon, May 29 in the 8th floor Boardroom,
City Hall.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that Council endorse the
Mayor's Task Force with regard to Lantic Sugar, and wish it every success, and ask
Elsie E. Wayne, M.P., if she would serve on this Task Force.
Question being taken, the motion was carried.
5. Tender For Contract 98-5
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Contract 98-5: King Street driveway entrance reconstruction, be
awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of
$22,705, 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. HIP Applications #63 To #66 And
Revisions To #23. #35. #47. #59
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council approve the following Housing Incentive Program
applications: (1) HIP #63 - Susan Fullerton for an estimated grant of $48,000 for a
development on Chipman Hill; (2) HIP #64 - Photography Flewwelling for an estimated
grant of $3,200 for a development on Prince William Street; (3) HIP #65 - Raymond
and Irene Guerette for $28,800 for a development on Sand Cove Road; and (4) HIP
#66 - Maber & Somerville Joint Venture Ltd. for an estimated grant of $210,000 for a
development in Kennebecasis Bay Estates; and further that Common Council approve
revisions to the following Housing Incentive Program applications: (A) HIP #23 - Saint
John Drywall Homebuilders Ltd. for an additional grant of $20,000; (B) HIP #35 - B.C.G.
Holdings Inc. for an additional grant of $20,000; (C) HIP #47 - Manford M. Thompson
Construction Company Ltd. for an extension of the initial start date by 6 months; and
(D) HIP #59 - Barsa Ventures Ltd. for a modification of the specific lots approved on
April 20, 1998.
Question being taken, the motion was carried.
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7. Amendment To CCO December 15,1997
Lease Of Space 15th Floor City Hall
Read a report from the City Manager advising that, further to Council's
authorization on December 15, 1997 of a sublease of 3,200 square feet of space on
the 15th floor of City Hall to The Night Shift Answering Service Ltd., a few changes
have been made to the terms and conditions of the sublease document as part of the
review process; outlining the suggested changes; and recommending an amendment to
Common Council resolution of December 15, 1997.
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that as recommended by the
City Manager, Common Council amend its resolution of December 15, 1997 pertaining
to the proposed sublease agreement with The Night Shift Answering Service Ltd. to
reflect the changes noted in the City Manager's submitted report dated May 19, 1998;
that Common Council authorize the execution of the submitted sublease agreement
with The Night Shift Answering Service Ltd.; and that the Mayor and Common Clerk be
authorized to execute the necessary documentation.
Question being taken, the motion was carried.
8. Purchase Of Property At Intersection Of
Mount Pleasant Avenue East & Alma Street
Consideration was given to a report from the City Manager advising of
Gregory and Janet Hebert's offer to sell their undeveloped Mount Pleasant Avenue
East property to the City for $10,000 plus applicable taxes, legal costs and 1998
property taxes; submitting a plan of the subject property of which approximately one
third is occupied by the travelled portion of Alma Street and which illustrates that the
property boundary at Alma Street is not in alignment with the adjoining Alma Street
property boundaries; and also advising that, while staff initially offered to purchase a
28-foot deep parcel of land on Alma Street to correct the alignment, the Heberts
rejected this approach since it would not leave them with enough land to construct a
large house they had planned for the property and offered to sell the entire property to
the City at a price close to their investment in it. The report further advises that, in an
effort to avoid prolonged negotiations and potential expropriation, staff is
recommending acceptance of this offer and the land surplus to the requirement for
widening the street right-of-way will continue to be a lot suitable for the construction of
an average size dwelling.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council authorize the purchase of the property owned by
Gregory and Janet Hebert located at the intersection of Mount Pleasant Avenue East
and Alma Street (LRIS Number 418608) for $10,000 plus applicable taxes, with the City
paying the vendors reasonable legal costs associated with this purchase, and the City
paying 1998 property taxes prorated to the date of transfer of the title, and the title to
be transferred to the City on or before August 1, 1998.
Question being taken, the motion was carried.
9. Provincial Offer To Sell
Various Properties To City
Consideration was given to a report from the City Manager briefly
describing properties offered for sale to the City by the Provincial Department of Supply
and Services which have been the subject of ongoing negotiations for the past several
years and, in all cases, the price offered being lower than the market value; and
recommending purchase of these properties which have the potential of allowing the
City to carry on with existing programs or can be utilized in the future for upgrading of
City services.
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On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council authorize the purchase of the following properties from
the Province of New Brunswick for the prices offered and authorize the Mayor and
Common Clerk to sign all necessary documents related to the acquisition of these
properties: (1) Reversing Falls Tourist Information Centre property, approximately 5.75
acres in size identified as Parcel "A", "B" and "C" as per the submitted plan, for a price
of $12,000; (2) 73 undeveloped lots located in Glen Falls, approximately 12.5 acres in
size, as per the submitted plan, for a price of $34,500; (3) the Tourist Information
Centre West property off Highway #1, approximately 6 acres in size, including building
and other improvements, as per the submitted plan, for a price of $25,000; and (4) a
parcel of land just outside the Spruce Lake watershed, approximately 19.5 acres in
size, for a price of $3,500.
Question being taken, the motion was carried.
10. NAPL Removal From
Marsh Creek (Creosote)
Consideration was given to a report from the City Manager advising of
the discovery, in September 1996, of patches or puddles of shiny black immiscible fluid
in Marsh Creek adjacent to the Canada Post building which was subsequently identified
as being creosote, and that, while investigations confirmed that creosote was present in
the soils and fill material at the Canada Post property but that contamination was at a
depth which did not pose a threat to Canada Post customers and employees, Canada
Post intends to implement an environmental management plan to ensure responsible
management of the contamination on its property, the primary objective being to
prevent the continued migration of liquid creosote (NAPL) from the site to Marsh Creek
and to continue to monitor the on-site bore holes. The report submits schematics of the
chosen alternative for the most efficacious solution in consideration of relative costs,
being a sheet pile wall installed directly parallel to the current retaining wall along Marsh
Creek which, in conjunction with the recovery wells for dense non-aqueous phase liquid
(DNAPL) and sumps for the recovery of LNAPL, is intended to prevent off-site
migration of the creosote to the Creek and adjoining properties, doing nothing
specifically to improve the Canada Post property itself but rather protecting property,
vegetation, and animal life downstream; also advises that the designing life of this
installation is intended to be 40 years, although it is not expected that the interceptor
wall will be needed for that length of time; and recommends that Common Council give
its approval to Canada Post to construct a containment sheet pile wall on City property
located immediately adjacent to Canada Post's property on Rothesay Avenue, subject
to such terms and conditions and requirements of the Building Inspector, the Chief City
Engineer, the City Solicitor, and the Department of the Environment.
A motion was proposed by Councillor Knibb and seconded by Deputy
Mayor Chase to adopt the above recommendation. Mr. Nugent, noting that the
recommendation spoke of terms and conditions and requirements of various City
officers which would effectively limit or restrict the approval that Council would be
giving, expressed the view that no City officer had the unilateral authority to make a
decision that would restrict an approval given by Council. Mr. Nugent expressed the
understanding, in speaking with Mr. MacKinnon earlier this date, that what was being
attempted in referring to terms and conditions and requirements was that the work
complied with Municipal by-laws and any Federal and Provincial statutes that would be
applicable; and recommended that, if Council were receptive to this work being done, it
be approved subject to the work being undertaken in conformity with any Municipal,
Provincial or Federal enactments that would apply and, upon Councillor Fitzpatrick's
indication that he would move an amendment to the motion to that effect, the mover
and seconder of the motion agreed to change the motion accordingly. The issue of
indemnification for the City was broached, and Mr. Nugent suggested that the City
Manager could address whether or not indemnification was considered to be an
appropriate condition for the approval of this work and, if it were, then the resolution
should refer to that indemnification as a condition of the approval as well; and advised
that, while he was not familiar with what risk the City might be facing as a result of this
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work being undertaken, if the recommendation from the City Manager was that a risk
did exist, then it would certainly be prudent to make the approval of the work
conditional upon the City receiving a written indemnification from any damages or loss
that might be associated with either the wall itself, its construction or any work
associated with its construction. Mr. Totten advised that there would be no difficulty at
all from the administration's point of view with respect to the amendments proposed by
the City Solicitor.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Common Council give its approval to Canada Post to construct a
containment sheet pile wall on City property located immediately adjacent to Canada
Post's property on Rothesay Avenue, subject to the work being undertaken in
conformity with any applicable Municipal, Provincial or Federal enactments.
Question being taken, the motion was carried.
11. Building By-Law Amendment
Re National BuildinQ Code
Consideration was given to a report from the City Solicitor regarding the
proposed Building By-Law amendment, which was given first and second readings at
the last meeting, which would delete from Subsection 2.2.2 the words and numerals
"National Building Code of Canada 1990" and substitute the words and numerals
"National Building Code of Canada 1995 and any amendments made to such Code";
and explaining why, in his opinion, (1) the proposed amendment given first and second
readings on May 4, 1998 should not be considered for third reading, since it refers to a
particular issue of the Code; (2) Common Council should consider for third reading, the
following amendment to the Building By-Law: A by-law of the City of Saint John
entitled, "By-Law Number C.P. 101 A By-Law Respecting The Construction, Repair And
Demolition Of Buildings And Structures In The City Of Saint John", enacted by the
Common Council of the City of Saint John, the 10th day of December, AD. 1984 is
amended by: 1. Striking out in s.2.2.2 "National Building Code of Canada 1990 and any
amendments made to such Code" and substituting "National Building Code of
Canada".; and (3) Common Council should advise the Planning Advisory Committee to
disregard the proposed amendment given first and second readings on May 4, 1998
and also request the Committee's written views on the proposed amendment as set out
in paragraph (2) above; and submitting a resolution which would be in order for Council
to adopt in this regard.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the Planning Advisory
Committee be advised that the Common Council does not require the written views of
the Planning Advisory Committee on the proposed amendment to the Building By-Law
given first and second readings on May 4, 1998, and further that the Planning Advisory
Committee is requested to express its written views to Common Council on the
following proposed amendment to the Building By-Law: A by-law of the City of Saint
John entitled, "By-Law Number C.P. 101 A By-Law Respecting The Construction,
Repair And Demolition Of Buildings And Structures In The City Of Saint John", enacted
by the Common Council of the City of Saint John, the 10th day of December, AD. 1984
is amended by: 1. Striking out in s.2.2.2 "National Building Code of Canada 1990 and
any amendments made to such Code" and substituting "National Building Code of
Canada" .
Question being taken, the motion was carried.
12. City Of Saint John V.
Downev Ford Sales Ltd.
Consideration was given to a report from the City Solicitor advising that,
on Thursday, September 5, 1996, the City delivered a 1995 Police Cruiser No. 126 to
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Downey Ford to allow recall work to be carried out on the vehicle and, while in the
possession of Downey Ford, the vehicle suffered damage totalling approximately
$3,690 for which the City made a claim under its insurance policy and was indemnified
for the damage less the $1,000 deductible. The report also advises that a small claims
action was brought in the name of the City against Downey Ford and the matter was
settled in the amount of $2,300 and part of the terms of settlement agreement was the
execution by the City of a Release in favour of Downey Ford acknowledging full
settlement of the City's claim and that, having consulted with the City's Insurance Co-
Ordinator Emery LeBlanc, he recommends that the Release be executed.
On motion of Councillor Gould
Seconded by Deputy Mayor Chase
RESOLVED that the Mayor and
Common Clerk are hereby authorized to execute a Release in favour of Downey Ford
Sales Ltd. in connection with damage occurring in September 1996 to a 1995 Ford
Crown Victoria Police Cruise No. 126 owned by the City of Saint John.
In response to Councillors Trites and Vincent's concern about the City
being responsible for paying the deductible amount when the vehicle suffered damage
while being serviced on the recall, Mr. Nugent explained that the damage had nothing
to do with the recall work based on his understanding that the vehicle was vandalized
while in Downey's possession, and the City had a choice to either commence an action
on its own against Downey's or to make a claim on its insurance, and the decision was
made to make a claim on the insurance policy.
Question being taken, the motion was carried with Councillors
Fitzpatrick, Trites and Vincent voting "nay".
13. 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, May 4, 1998, when there
were present Mayor McAlary and Councillors Arthurs, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following
recommendations, namely:-
1. That Common Council approve the Rules and Regulations of the Saint
John Sports Hall of Fame as shown in the submitted document dated April 14, 1998,
with a revision to article 6.2 to become effective January 1, 1999 as follows: "6.2 The
City will be liable for any actual operating loss incurred in a fiscal year that exceeds the
grant and fund raising efforts of the Management Committee. The Board of Governors
shall, prior to commencement of nominations for candidates, provide a projected
budget to the Commissioner of Finance which contains sufficient details and
assumptions to reasonably indicate that the total expenditures for the induction
ceremony will not exceed anticipated revenues, including the City grant, if any. The
approval of the projected budget by the Commissioner of Finance is required before the
Management Committee proceeds with an induction ceremony. The Board of
Governors shall present a financial statement to Common Council within 90 days after
the induction ceremony.", and further that a grant of up to $3,500 be approved to cover
any deficit that may be incurred in 1998.
2. That as recommended by the City Manager, Common Council authorize
the lease of a 713m2:t of 150 Thorne Avenue (NBGIC Number 411710), as generally
shown on the submitted plan, to Barry Arthurs; that the term of the lease be three (3)
years commencing on June 1, 1998; that the monthly rent be $250 + HST; that, if
during the term of the herein-given lease, the lease to Debmar Enterprises Ltd. for
Parcel A (as shown on the submitted plan) is terminated, then the City shall offer Parcel
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A for lease to Barry Arthurs before offering Parcel A to anyone else; the terms and
conditions for the lease of Parcel A shall be the same as for Parcel B; that Barry
Arthurs be given the option to renew the lease for Parcel B (or Parcel B and Parcel A if
applicable) for an additional three (3) years; and that the Mayor and Common Clerk be
authorized to execute the lease submitted subject to the receipt of Planning Advisory
Committee approval for the proposed use and acknowledgement by Mr. Arthurs of the
conditions which the Committee may impose.
Tuesday, May 19, 1998,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
13.1. Sports Hall Of Fame - Grant
And Rules And ReQulations
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
13.2. Lease Of 150 Thorne Avenue
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.
14. Parking Commission - Appointment
Of Bv-Law Enforcement Officer
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that pursuant to Section 14 of
the Police Act of the Province of New Brunswick, the Common Council of the City of
Saint John does hereby appoint the following member of the Canadian Corps of
Commissionaires as By-Law Enforcement Officer with the responsibility to enforce
provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7, and
Section 8(1) of the Saint John Traffic By-Law, namely: Burton Phillip McGinley:
AND FURTHER that this appointment shall continue until such time as
the appointee ceases to be a member of the Canadian Corps of Commissionaires or
until the appointment is rescinded by Common Council.
Question being taken, the motion was carried.
15. Planning Advisory Committee
Street VestinQ Cheslev Drive
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted photo-reduced
subdivision plan that would vest the existing developed portion of Chesley Drive
between Douglas Avenue and Bentley Street as a public street.
Question being taken, the motion was carried.
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16. Planning Advisory Committee
Street VestinQ 24 Oakland Street
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted photo-reduced
tentative subdivision plan of 24 Oakland Street, identified as "Plan II", that would vest
Parcel "A" to become part of Rockwood Avenue.
(Councillor Fitzpatrick withdrew from the meeting.)
Question being taken, the motion was carried.
17. Planning Advisory Committee
Subdivision 271 KinQ William Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council (1) assent to the submitted photo-
reduced tentative subdivision plan of 271 King William Road, illustrating two new public
streets and two future streets, as well as to any required municipal services and public
utility easements; and (2) authorize the preparation and execution of a City/Developer
subdivision agreement to ensure provision of the required work and facilities, including
detailed site and drainage plans of the approval of the Chief City Engineer.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the motion was carried.
18. Fundy Region Solid Waste Commission
Notice Of Annual General MeetinQ
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the Fundy
Region Solid Waste Commission giving notice that its Annual General meeting is
scheduled for May 28 at which time the election of officers would take place -- be
received and filed.
The Mayor referred to Councillor Brown's three-year term on the
Commission as the City's representative and advised that, according to the City
Solicitor, he would be eligible to attend the annual meeting on May 28 and to act on the
City's behalf unless the incoming Councilor he made a different decision.
Question being taken, the motion was carried.
19. Duck Cove Recreation & Heritage Association
Completion Of Duck Cove Sewer Trunk Line
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the Duck
Cove Recreation & Heritage Association advising that, with the recent improvements to
the area as a result of the completion of the Duck Cove sewer trunk line which resulted
in having the common areas graded, top soiled and seeded, the community was now in
the process of undertaking a number of steps to further enhance this beautiful
waterfront area; listing, as a result of community concerns, a number of issues
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considered to be yet unsettled pertaining to the recent sewer trunk project; and asking
for Council's consideration to these matters as soon as possible -- be referred to the
City Manager.
Question being taken, the motion was carried.
20. CUPE Local 1 061 - Multilateral
AQreement On Investment (MAl)
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Rick
Comeau, President of CUPE Local 1 061, advising that, as a member of a public service
union, it was apparent to him that business groups were intent on turning public
services into private profits and, more and more, workers' efforts to protect and expand
public services were being threatened by provincial, national and global changes, with
the greatest of these threats being the Multilateral Agreement on Investment (MAl);
outlining his concerns about the impact of the MAl; and enlisting Council's support to
demand that negotiations for the MAl be abandoned -- be referred to the City Solicitor.
Deputy Mayor Chase suggested that Council should be provided with an
overview of the above-mentioned Agreement. Mr. Beckett advised of the withdrawal of
the MAl, and the Mayor suggested that, if the Agreement were still to come forward,
staff would ensure that there would be someone to speak to Council on it.
Question being taken, the motion was carried.
21. Manford M. Thompson Construction
Company Limited And 051833 N.B. Ltd.
Re-ZoninQ ManawaQonish Road Property
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the application of
Manford M. Thompson Construction Company Limited and 051833 N.B. Ltd. for the re-
zoning of property on 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, June 29, 1998,
at 7:00 o'clock p.m.
Question being taken, the motion was carried.
22. George M. Fisher - Friends Of
Fort LaTour - Re Plan For Site
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from George M.
Fisher asking that the submitted plan for the Fort LaTour site be considered by Council
members along with other plans that may be chosen in the future -- be referred to the
Fort LaTour Development Authority through Council's representative Councillor Ball,
and to the Saint John Development Corporation.
Councillor Brown asked, as there were four committees representing
Fort LaTour, to which committee the above letter was being referred, to which the
Mayor noted that it would be referred to the City's committee. Councillor Knibb
suggested that the letter could also be referred to the Saint John Development
Corporation.
Question being taken, the motion was carried with Councillor Brown
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voting "nay".
23. Horst Sauerteig Re Planning
Advisory Committee Authoritv
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the letter from Horst
Sauerteig commenting further to the City Solicitor's report and his letter to Council on
April 6 in response to the Planning Advisory Committee authorizing a one-year
temporary permit for the operation of a welding school after Council had voted to
disallow it -- be referred to the City Manager and the City Solicitor for a report for the
incoming Council.
Question being taken, the motion was carried.
24. David Saunderson - Monument
To Honour The Late Fred Miller
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from David
Saunderson, on behalf of a committee that has been looking into ways of honouring
the late Fred Miller who, until his death on December 2, 1997, had been the Director of
the Carleton Community Centre; and asking permission to install a monument in Tilley
Square, located in front of the Centre, and for the City to install a base for the
monument to rest upon -- be referred to the City Manager with Council's support for the
request.
The Mayor noted the receipt from Mr. Saunderson of information on the
proposed monument (copies of which were distributed to Council members at this
meeting), and asked that a copy of the petition mentioned in the above letter be
referred to Council members as an information item.
Question being taken, the motion was carried.
25. Saint John Development Corporation
Formerlv The Market Square Corporation
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from Joel
Levesque, Chairman of the Saint John Development Corporation, advising that
effective March 18, 1998, the name of The Market Square Corporation was changed to
the Saint John Development Corporation -- be received and filed.
Question being taken, the motion was carried.
26. John MacKenzie - Proposal For
Food Outlet Market Square Atrium
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the letter from John
MacKenzie applying for permission to set up a small fun food outlet across from the
entrance to the Market Square Atrium, along the boardwalk -- be referred to the City
Manager for a report and recommendation.
Mr. MacKenzie's presence at the meeting was noted. The reason for the
above request being made to Council was questioned to which Mr. Totten replied that
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MAY 19,1998
Mr. MacKenzie had made a presentation to staff which staff followed up with tenants in
Market Square in recognition that the City has a vested interest in everything that
happened at Market Square through its commitment as a major tenant, and advised
that staff, from its position, could not support Mr. MacKenzie's request to locate his
facility on the requested site, and his choice was to write to Council.
Question being taken, the motion was carried.
Adiournment
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that this meeting be adjourned
and a Committee of the Whole meeting of Council be held.
Question being taken, the motion was carried.
Common Clerk