1998-06-01_Minutes
87-44
COMMON COUNCIL
JUNE 1, 1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the first day of June, AD. 1998, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, Fitzpatrick, Titus, Trites, Vincent and White
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; 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; W. Edwards, Building Inspector;
D. Logan, Purchasing Agent; G. Tait, Fire Chief; C. Cogswell,
Chief of Police; 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 David
Nicholson, Pastor of Douglas Avenue Christian Church, offered the opening prayer.
2. Approval of Minutes
On motion of Deputy Mayor Chase
Seconded by Councillor White
RESOLVED that minutes of the meetings of
Common Council, held on Tuesday, May 19, 1998 and Monday, May 25, 1998, be
approved.
Question being taken, the motion was carried.
Mayor McAlary recognized Chief Cogswell and Ed Keyes, Chairman of
the Saint John Board of Police Commissioners, and Chief Cogswell presented a Chief's
Certificate of Commendation to Cst. Joseph R. McEachern in recognition of his
outstanding service, quick-thinking and professionalism in diffusing a potentially-
dangerous hostage situation in Saint John on December 8, 1997.
3(a) Municipal Plan Amendment And
(b) Re-ZoninQ 1245 Loch Lomond Road
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to redesignate on
Schedule 2-A and Section 2.4.7.15, from Low Density Residential to Light Industrial
classification, as an Approved Exception, a parcel of land located at 1245 Loch
Lomond Road, having a frontage of approximately 20 metres (66 feet) on the north side
of Loch Lomond Road and a total area of approximately 4.4 hectares (11 acres), being
portions of NBGIC Numbers 426460 and 434548; and (b) the proposed re-zoning of the
same parcel of land from "RS-2" One- and Two-Family Suburban Residential to "1-1"
Light Industrial classification, to recognize the existing operation of a contractor's yard
and repair facility, as well as to permit a variety of commercial-type uses in the future,
as requested by Hughes Surveys & Consultants Ltd. on behalf of Raymond and Janet
Debly, and no written objections were received in this regard.
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COMMON COUNCIL
JUNE 1, 1998
3{c)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and a letter of objection
considered at the Committee's meeting at which Richard Turner, on behalf of the
applicant, outlined the longstanding nature of the use and the desire to ensure that
there was proper buffering from adjacent properties, as well as to relocate the access
further away from the existing and future residential areas, and Walter Peterson
expressed concern with respect to spot industrial re-zonings and the need for water
and sewer services; advising that the Committee felt there should be a way to permit
the existing use only but with strict conditions, and a motion was made to table the item
so that the applicant and staff could provide acceptable conditions; and recommending
that the public hearing be held as advertised but no decision be made until a full
recommendation was made by the Committee.
Richard Turner of Hughes Surveys & Consultants Ltd., appeared in
support of the proposed amendments; expressed agreement with the Planning
Advisory Committee's suggestion that the application be tabled; and, referring to a site
plan and clarification of a story in the Times Globe about ownership of the subject
property (copies of which were distributed to Council members at this meeting),
apprised Council of the background in this regard, the Deblys having started their
business on the subject property in 1961, with the application before Council having
been made as a result of the Deblys' request for Hughes Surveys to have some plans
prepared and to help them go through the proper steps in the process of changing the
access to their operation as some conflict was created with the access into a recently
located building supply company just across from the entrance used by the Deblys as
their driveway and also as the access into where the construction company operates.
Mr. Turner explained that, when Hughes Surveys was approached by the Deblys, their
main component was to change their access to get a more suited and safer access and
other things discussed involved the creation of some buffering around some existing
homes there, the creation of more inside storage so that some of the smaller pieces of
equipment could be put inside, and to come up with a future development plan as to
how they might use the balance of their property, as indicated in the sketch showing
the proposed future subdivision layout prepared by Hughes Surveys and included in
the Planning staff report to the Committee. Mr. Turner circulated photographs taken
from the different areas outlined in the Planning staff's report in concern about the
proximity of the business to several streets, including Hickey Road, Josselyn Road and
Loch Lomond Road, noting that, while for the most part it was not a highly visible
operation, part of the proposal was to create some screening or buffering; and, with
regard to the Planning Advisory Committee's suggestion that the applicant discuss with
staff how the operation may be allowed to continue to exist and operate at a restricted
capacity, advised that his client was prepared to accept a limited approval as indicated
in the application for re-zoning. Mr. Turner re-iterated the Debly's desire to create a
safer access to their property and to move some of the smaller pieces of equipment or
accessories inside for a better visual appearance; and indicated their willingness to
work with staff to try to come up with a mutually-agreeable recommendation for
Council's consideration.
In response to Councillor Vincent's question with regard to the proposed
commercial-type uses contemplated for the subject property, Mr. Turner advised that
the main focus of the application was to have the existing operation recognized,
although, when creating their new access, the Deblys considered that the driveway
might be a very good feature for a business that might want to locate just off Loch
Lomond Road and built into their application some capability to develop a portion of the
site and, even though an "1-1" zoning was indicated, it would be of a commercial nature
with nothing specific in mind, being a very secondary concern to his client at this point
and the applicant would be willing to accept some fairly rigid restrictions in that regard
as well. Councillor Fitzpatrick, noting that the photographs depicted only a truck and a
garage although the re-zoning would involve approximately ten acres, questioned what
the photographs would show five years from now with the proposed re-zoning, and
why, if the Deblys could continue to use the property as it was, the re-zoning was being
requested, and Mr. Turner re-iterated the reason for the application and commented on
the scale of the property should Council choose to re-zone it in terms of a portion of it
being on a side hill on which residential development would not happen and the
amount that could be developed for industrial use.
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COMMON COUNCIL
JUNE 1, 1998
On motion of Deputy Mayor Chase
Seconded by Councillor Court
RESOLVED that as recommended by the
Planning Advisory Committee, no decision be made on the application of Hughes
Surveys & Consultants Ltd., on behalf of Raymond and Janet Debly, for a Municipal
Plan amendment and re-zoning of property at 1245 Loch Lomond Road, until a full
recommendation is made by the Committee.
Mr. Baird, in response to Councillor Vincent's question on the proximity
of the parcel of land in question to what would eventually become the hook-up between
Forest Hills and Loch Lomond, advised that the distance would be about half a mile.
Councillor Fitzpatrick re-iterated his concern, as expressed at Council's May 4 meeting,
about holding a public hearing without having received the Planning Advisory
Committee's recommendation.
Question being taken, the motion was carried with Councillors Fitzpatrick
and Vincent voting "nay".
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the above
correspondence regarding the proposed amendments be received and filed.
Question being taken, the motion was carried.
4(a) Zoning By-Law Amendment To
Re-Zone 641 Loch Lomond Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 641
Loch Lomond Road (NBGIC Number 55123509 and a portion of NBGIC Number
313155), having a frontage of approximately 180 feet on Loch Lomond Road, a
frontage of approximately 265 feet on Mark Drive, and an area of approximately .9
acres, from "RM-1" Three-Storey Multiple Residential and "R-2" One- and Two-Family
Residential to "B-2" General Business classification, to permit commercial development
of the land, as requested by Silver Falls Park Development Ltd., and a written
objections was received in this regard from William C. Lewin (copies of which were
distributed to Council members at this meeting).
4{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
meeting at which Gerry Webster, on behalf of the applicant, stated that the concern
with Mark Drive should not affect this proposal and indicated that it would not be viable
to develop this area for residential purposes, and Stephen Cronk, Doug Brooks and Bill
Lewin, all residents of Mark Drive, addressed the Committee in opposition to the
application, indicating that there was strong opposition to any re-zoning in this area until
the traffic situation was addressed and also that there was not sufficient information
about the proposed development to properly evaluate its potential impact; and
recommending that the application for re-zoning be denied.
Douglas Brooks of 177 Mark Drive appeared in opposition to the
proposed re-zoning on the basis that there should be an alternate route for traffic in
that Mark Drive was a residential street; noted the development in the area since 1994,
as well as the increased traffic and garbage from fast-food establishments; and
commented on the difficulty to exit from Mark Drive onto Westmorland Road, as well as
the use of Mark Drive by trucks even though it was not a truck route. Mr. Brooks
concurred with Planning staff's recommendation that, until the Mark Drive by-pass was
completed, the proposed re-zoning should not proceed; and noted that he was told
when he moved into the subject area that it was residential, and also noted his letter to
the Planning Advisory Committee which was submitted with the above correspondence.
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COMMON COUNCIL
JUNE 1, 1998
William Lewin of 207 Mark Drive spoke in opposition to the proposed re-
zoning for the reasons expressed above by Mr. Brooks; expressed the view that the
residential zone in question had been suffering from creeping commercialism to the
point where now it was downright dangerous and that, if he could be told that a by-pass
would be going in next year, he would be more inclined to listen sympathetically to what
the developer wanted to do, but not under the existing circumstances, and also he
would go so far as to compromise to say that Council could put in a stop sign at Mark
Drive and Bonita Avenue and send a patrol car to the area at irregular times every
second day or night in that, from both a hazard and traffic management and control
point of view, something had to be done before he could stand on the side of a
developer who wanted to put in more business. Mr. Lewin singled out some of the
permitted uses in the list included in the Planning staff's report to the Planning Advisory
Committee with respect to what their effect could be in the area; and suggested that, as
granting the re-zoning would give the developer an entire field to sell, the developer or
someone should come forward with a specific proposal that Council and the Planning
Advisory Committee could consider and make a knowledgeable decision in that Council
could not make a knowledgeable decision on the facts it currently had from the
applicant. Mr. Lewin also noted both Planning staff and the Planning Advisory
Committee's indication that they did not recommend Council's approval of the proposed
re-zoning as Section 39 could not be used without a specific proposal.
Stephen Cronk of 199 Mark Drive spoke against the proposed re-zoning
in that he bought his home in a residential area in which the vacant land around it was
zoned residential, and the proposed road, about which he has been hearing since
1994, to take the traffic off Mark Drive was still just a proposal; and expressed the view
that it was time to stop re-zoning in the area in favour of developers until something
was done for residents with a road to take care of the traffic.
Gerry Webster appeared in support of the proposed re-zoning
representing Silver Falls Park Development Ltd.; advised that he did not disagree with
anything the above residents had said as nothing had changed since the time a few
years ago when the developer requested re-zoning and it was turned down, there being
at that time problems with trucks using Mark Drive when there was no truck route and
problems with cars speeding, other than added development with nothing having been
done to Mark Drive. Mr. Webster expressed the view that it was not right that the
developer should sit with a piece of land on which he paid taxes every year and do
nothing in that, unless the land were re-zoned for commercial development, the land
was of no value whatsoever; and asked that Council re-zone the land to allow the
developer to sell it or do whatever he wanted to do with it, noting that the land was in a
commercial area and he could not change that.
On motion of Councillor Fitzpatrick
Seconded by Councillor Vincent
RESOLVED that as recommended by the
Planning Advisory Committee, the application of Silver Falls Park Development Ltd. for
the re-zoning of property at 641 Loch Lomond Road be denied.
Mr. Baird commented on the issue of the need for a traffic solution in the
subject area, noting that the true nature of a by-pass road came to light with the 1994-
1995 re-zoning application of Silver Falls Park Development, and Council made a
decision not to proceed with re-zoning of the subject land until not only the alignment
was set out but also that there was an agreement in place with respect to the
construction of the road, and also on ongoing discussions in this regard with the more
active parties with respect to putting together a proposal. Mr. Totten commented on the
road issue in question, noting the approval in the 1998 Capital Budget of funding to
allow the City to participate in finding a solution to it.
Councillor Desmond proposed a motion, which was not seconded, to
table the application until such time as Council had the reports on the road and the
update on the negotiations.
Question being taken, the motion was carried.
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COMMON COUNCIL
JUNE 1, 1998
On motion of Deputy Mayor Chase
Seconded by Councillor Vincent
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
5(a) Zoning By-Law Amendment To
Re-Zone 111-113 McAllister Drive
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 111-113
McAllister Drive (a portion of NBGIC Number 307397), having a frontage on McAllister
Drive of approximately 250 feet, a depth of approximately 300 feet, and an area of
approximately 1.7 acres, from "P" Park to "SC" Shopping Centre classification, to permit
the second phase of the proposed McAllister Drive Plaza development, consisting of an
approximately 14,000-square foot strip shopping plaza, as requested by McAllister
Drive Plaza Inc., and no written objections were received in this regard.
5{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
meeting at which Myles Martin appeared on behalf of the applicant and indicated that
he was in agreement with staff's recommendation, and Jean Urquhart voiced her
concerns that any development located in the flood plain area would create additional
flooding for her property and surrounding area, and Stephen Cronk asked questions
regarding the future road adjacent to this development; and recommending that
Common Council re-zone a parcel of land located at 111-113 McAllister Drive, having a
frontage on McAllister Drive of approximately 250 feet, a depth of approximately 300
feet, and an area of approximately 1.7 acres, also identified as a portion of NBGIC
Number 307397, from "P" Park to "SC" Shopping Centre classification, subject to a
resolution pursuant to Section 39 of the Community Planning Act setting out the
following conditions: (a) the use of the site is limited to the proposed Phase 2
development, consisting of a strip mall with a maximum floor area of approximately
14,000 square feet and associated parking area, which shall be integrated with the
previously-approved Phase 1 parking area; (b) the developer must pave all parking
areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them
with cast-in-place concrete curbs to protect the landscaped areas and facilitate proper
drainage; (c) adequate site drainage facilities must be provided by the developer in
accordance with a detailed drainage plan, prepared by the developer and subject to the
approval of the Chief City Engineer; (d) direct access to the Phase 2 development from
McAllister Drive is limited to one driveway; (e) all utilities, including power and
telephone, must be provided underground; (f) all areas of the site not occupied by
buildings, driveways, walkways, parking or loading areas must be landscaped by the
developer, and the landscaping must extend onto the City street right-of-way to the
edge of the City curb/sidewalk; (g) the site shall not be developed except in accordance
with a detailed site plan and building elevation plan, prepared by the developer and
subject to the approval of the Development Officer, indicating the location of all
buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped
areas and other site features, including those listed above, and no building permit will
be endorsed by the Development Officer (except site preparation and foundation) until
the required site plan is approved, and such site plan will be attached to the building
permit for the development; and (h) all site improvements shown on the approved site
and drainage plans, except for landscaping, must be completed prior to the opening of
the facility for business, and landscaping must be completed within one year of building
permit approval.
Jean Urquhart of 20 Dutch Garden Lane spoke against the proposal
based on her concern about the location of the subject property in the flood plain area
which would drain down onto Golden Grove Road, and about the effect it would have
on her property in terms of flooding.
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COMMON COUNCIL
JUNE 1, 1998
Charles Swanton, Treasurer of the Saint John Exhibition Association,
addressing Council in support of the application, advised that, with regard to traffic
concerns on Mark Drive, the Association, by moving the access or traffic light that
currently existed between Parkway Mall and the Simonds Arena about six feet toward
Rothesay Avenue, would in effect be part of the solution as opposed to part of the
problem as it would align the Association's property on McAllister Drive in a more
appropriate fashion and tie in its twenty-three acre vacant piece of land adjacent to
Parkway Mall, and that a possible roadway could be developed in concert with adjacent
property owners which would take traffic away from McAllister Drive, Westmorland
Road and, ultimately, Mark Drive. As to flooding concerns, Mr. Swanton noted the
Association's ability to provide compensatory storage to meet the Flood Risk By-Law on
site and its location close to the Golden Grove Road in the area directly in back of the
barn area of the race track would allow for a more uniform or even flow of water from
the area, thus this should have a dramatic increase on the ability for Mrs. Urquhart to
enjoy less as opposed to more flooding, and also all the run-off water and the surface
water created by the proposed new development would be going toward Majors Brook,
away from the Golden Grove Road as opposed to towards it.
Mr. Swanton responded to questions following which the Mayor
suggested that Council might wish to hear from staff on the flood risk area issue, and
Mr. Baird commented in terms of Council's approval on May 4, 1998 of Phase 1 of the
shopping plaza development and the approval requested at this time of Phase 2 with
the re-zoning of the subject property, and Mr. MacKinnon summarized the report on the
Marsh Creek flood plain issue which was the subject of a teach-in on April 20, 1998 and
the subsequent resolution adopted by Council on April 27, 1998. During discussion the
Mayor, in noting the number of Council members who wished to speak on this matter,
asked if Council wished to entertain a motion at this time, whereupon Councillor
Vincent advised that he would move a tabling motion as long as it would not deny any
other Council member the opportunity to speak.
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the application of
McAllister Drive Plaza Inc. for the re-zoning of property at 111-113 McAllister Drive be
laid on the table for a further report from staff.
Question being taken, the tabling motion was carried.
On motion of Councillor Ball
Seconded by Councillor Desmond
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
6. Turner-Brewer Memorial Park Inc. Re
South End PlaVQround Broad/Charlotte Streets
Peter McGill, President of the Board of Directors for Turner-Brewer
Memorial Park Inc., addressed Council on the plans for improvements to the South End
playground, located on the property contained by Charlotte, Broad and Sydney Streets;
and, referring to the previously-submitted brief, apprised Council of the Board's efforts,
from its first public information night held January 20, 1998 at the South End
Community Centre, with assistance of City staff on the Park Design Committee, in its
campaign to honour the young lives of John Ryan Turner and Jacqueline Dawn Brewer
and raise awareness that violence, abuse and neglect of children was wrong. Mr.
McGill also advised of the Board's agreement to organize a campaign to rename the
playground with a "generic" name unassociated with any individual and have this
approved by Common Council, and of its proposal to turn over all surplus funds
remaining to the City once the work has been completed in the playground; and
requested a grant to make additions to this park. Mr. McGill introduced the people
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COMMON COUNCIL
JUNE 1, 1998
accompanying him at the meeting, including Board members Ray Armstrong, Norman
Jackson, Kelly Goodick and Tracey Somers, and Wieslaw Wojcik and Reine Wojcik,
Flo Dempster, Josie Chiasson and Peggy Wright Clark; and displayed a model of an
arch, designed by Mr. Wojcik, of the type to be erected at the playground. Mr. McGill
reviewed the design of the park as prepared by Gerry Kempster, the type of playground
equipment to be installed and the construction planning for the playground which was
scheduled to open on July 1, 1998; and Mr. Armstrong reviewed the funding
requirements, including contributions and expenditures to date. Mr. McGill asked the
Council members to wear their T-shirts (which were distributed to Council members at
this meeting) to the July 1 opening of the playground.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the presentation on
behalf of the Board of Directors for Turner-Brewer Memorial Park Inc., regarding
improvements to the South End playground, be received and filed.
Question being taken, the motion was carried.
On motion of Councillor Fitzpatrick
Seconded by Councillor Vincent
RESOLVED that item 9 on the agenda of
this meeting, being the City Manager's report on the South End playground, be brought
forward for consideration at this time.
Question being taken, the motion was carried.
9. South End Playground
Broad/Charlotte Streets
Consideration was given to a report from the City Manager making a
recommendation further to Council's receipt on February 9, 1998 of a letter from the
Board of Directors of the Turner-Brewer Memorial Park expressing interest in
developing the South End playground as a memorial to abused children, and advising
of several concerns addressed by City staff and resolved during meetings with the
project organizers and design committee.
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, Common Council: (1) approve the development proposal of the Turner-
Brewer Memorial Park Committee for the South End Playground on Broad and
Charlotte Streets as a memorial to abused children; (2) accept funds from the
Committee and establish a financial trust to provide for future maintenance; (3) require
that equipment supplied and installed meet appropriate CSA standards; (4) require that
the park layout and materials to be used be approved by the Commissioner of
Community Services; (5) approve the competition for a suitable name for the park, with
the recommended name to be approved by Common Council; and (6) authorize the
expenditure of up to $75,000 from the Land For Public Purposes account for the items
and in the approximate amounts set out in the Request for Funding submitted to
Common Council by Turner-Brewer Memorial Park Inc. under covering letter of June 1,
1998, upon the condition that: (a) all equipment supplied and installed meets
appropriate CSA standards; and (b) the park layout and materials used have been
approved by the Commissioner of Community Services as conforming with the
standards normally applied by the City for such matters.
Mr. Nugent clarified that, with regard to an impression that funding
approved would be delivered to Turner-Brewer Memorial Park Inc., the Community
Planning Act required that such money be expended directly by the City towards the
purchase of goods and services, so there would have to be a mechanism worked out to
achieve that as money would not be delivered to the incorporated group in question but
used directly to satisfy some of the expenses.
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Question being taken, the motion was carried.
(Councillor Vincent withdrew from the meeting.)
7. Rockwood Park Waterslides Ltd.
Waterslide Proposal - Rockwood Park
Khalid Malik, President of Rockwood Park Waterslides Ltd., appeared
before Council to respond to questions with respect to his previously-submitted brief of
May 28, 1998, presenting his case for a proposal to make his waterslide business in
Rockwood Park more viable and to see if the new Council had a new attitude towards
business; and, having commented on the background in terms of his problem in
running the waterslide and the circumstances under which he had approached the City
with a proposal to sustain vandalism losses, offered to respond to questions in this
regard.
Mr. Malik confirmed that he was currently under a judicial order to
remove the waterslide from Rockwood Park as a final step in his ongoing process with
the City for a period of years, and that he had met with both Council and staff in the
past on this issue.
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the presentation by Khalid
Malik, President of Rockwood Park Waterslides Ltd., be received and filed.
Question being taken, the motion was carried.
7 A. Mavor's Remarks
Mayor McAlary proclaimed May 31 to June 6 as Disability Awareness
Week, May 30 to June 7 as Water Safety Week on behalf of the Canadian Red Cross,
and June 1 to 6 as Run For Women Week in the City of Saint John; and commented
on a Safe Kids Week initiative earlier this date at McAllister Place, and on the City of
Saint John's participation in an international competition through Communities In Bloom
under the chairmanship of Bob MacVicar. Mayor McAlary advised the intent for a
banner to be erected in front of Harbour Station designating the area as Calder Cup
Lane in recognition of the Saint John Flames' participation with the Philadelphia
Phantoms in the American Hockey League Calder Cup Championship, and of a
challenge with the Mayor of Philadelphia in this regard.
(Councillor Vincent re-entered the meeting during the above remarks.)
* Added Item
On motion of Councillor Vincent
Seconded by Councillor Desmond
RESOLVED that a letter from the Mayor
(copies of which were distributed to Council members at this meeting), regarding the
Senior Friendship Games, be added to the agenda of this meeting as item 7C.
Question being taken, the motion was carried.
7B. Guatemalan Familv Deportation Order
Consideration was given to a letter from Councillor Ball referring to the
refusal of immigration officials to lift the deportation order handed down by the
Department of Citizenship and Immigration requesting the family of Victor De Leon
Vasquez be returned to Guatemala; and setting out a motion which, he advised, was
supported by the members of the Task Force on Immigration and Refugee Settlement
which would be making a presentation to Common Council shortly regarding
immigration and refugee policy for the City of Saint John.
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On motion of Councillor Ball
Seconded by Councillor Desmond
RESOLVED that Her Worship and
Members of Common Council immediately fax a letter of strong support requesting that
Lucienne Robillard, Minister of Citizenship and Immigration, exercise her discretionary
powers under the Immigration Act by lifting the deportation order on the Guatemalan
family in Saint John on humanitarian and compassionate grounds.
Councillor Fitzpatrick advised of his problem supporting the above
motion, more in defence of the system as opposed to what the motion was trying to do,
and he could not condone the action taken by the church in this instance as it was
breaking the law; and also that he could not ask the Minister to do what was proposed
without any background knowledge other than what he had read in the newspaper or
heard through the media.
Question being taken, the motion was carried with Councillor Fitzpatrick
voting "nay".
*7C. Loyalist Senior Friendship
Games - Grant Request
Consideration was given to a letter from Mayor McAlary submitting a
letter from the Loyalist Senior Friendship Games requesting a grant to assist in the
1998 Games scheduled for June 15 to 18; and noting that Council had dealt with this
request last fall at which time the Unspecified Grants Budget was depleted and Council
was not able to support the request.
On motion of Councillor Desmond
Seconded by Councillor Chase
RESOLVED that a grant of $1,000 be
approved for the Loyalist Senior Friendship Games scheduled for June 15 - 18, 1998.
Question being taken, the motion was carried.
8. 1998 Bond Issue
Consideration was given to a report from the City Manager advising of
the New Brunswick Municipal Finance Corporation's plans for a bond issue in the near
future with proposed ranges within which the issue could be sold as follows:- interest
rate - not to exceed an average of 7.25%; price, net - not to be less than $98 per $100
of debenture; and term - serial form to mature in equal annual amounts over a term not
to exceed 10 years; also advising that, while on April 27, 1998, the need for the City to
borrow $11,890,000 was reported to Council, upon re-examining the files it was
determined that $759,000 was required for Saint John Energy for refinancing for 5
years, thus the City has a need to borrow $12,649,000; and recommending adoption of
the submitted resolution in this regard.
On motion of Councillor Vincent
Seconded by Councillor Court
RESOLVED that occasion having arisen in
the public interest of the following public civic works and needed civic improvements,
that is to say:
GENERAL FUND:
General Government
Protective Services
Transportation Services
Environmental Health
Environmental Development
$ 541,624
702,865
3,263,672
281,896
1,325,440
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COMMON COUNCIL
JUNE 1, 1998
Recreation and Culture
Public Transit
1,179,503
815,000
$8,110,000
WATER & SEWERAGE UTILITY
Water System
Sewer System
$1,894,111
1,885,889
$ 3,780,000
$ 759,000
$12,649,000
SAINT JOHN ENERGY
THEREFORE RESOLVED that debentures be issued under provisions
of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto,
to the amount of $12,649,000:
AND FURTHER that subject to paragraph 4 of this resolution, the
Commissioner of Finance be authorized to issue and to sell to the New Brunswick
Municipal Finance Corporation (the Corporation) a City of Saint John bond or
debenture in the principal amount of $12,649,000 on such terms and conditions as are
recommended by the Corporation:
AND FURTHER that the City of Saint John agrees to issue post-dated
cheques to the Corporation in payment of principal and interest charges on the above
bond or debenture as and when they are required by the Department of Municipalities,
Culture and Housing:
AND FURTHER that the Commissioner of Finance be hereby authorized
to receive an offer in connection with the foregoing debentures at a price not less than
$98 per $100 of debenture, at interest rates not to exceed an average of 7.25% and at
a term not to exceed 10 years:
AND FURTHER that the Commissioner of Finance report to Common
Council the exact values for price per $100 of debenture, interest rate and term in
years, together with the date of the issue.
Question being taken, the motion was carried.
10. Tender For Contract 98-13
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Contract 98-13: Rothesay Avenue sealing joints - 900-mm watermain, be
awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of
$179,830, as calculated based upon estimated quantities, and the Mayor and Common
Clerk be authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
11. Tender For Contract 98-4
On motion of Councillor White
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, Contract 98-4: Phase VII Closure, Spruce Lake landfill, be awarded
to the low tenderer, Galbraith Construction Ltd., at the tendered price of $234,800, as
calculated based upon estimated quantities, and the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
12{a) Tender For Sand. Gravel & AQQreQates
Consideration was given to a report from the City Manager making a
recommendation for the award of the tender for sand, gravel and aggregates.
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12(b) F. Andrew Simpson Contracting
Ltd. Request To Withdraw Tender
Consideration was also given to a letter from F. Andrew Simpson
Contracting Ltd. requesting to withdraw its tender for the supply of sand, gravel and
aggregates due to an error on an item.
On motion of Councillor Ball
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the tender of F. Andrew Simpson Contracting Ltd. for the supply of
sand, gravel and aggregates be withdrawn from further consideration, and the tender
for the establishment of a supply agreement for the provision of sand, gravel and
aggregates, for a period of one year from the date of award by Council, be awarded as
indicated in the submitted summary of bids.
Question being taken, the motion was carried.
13. Traffic By-Law Amendment
LoadinQ Zone KinQ Street East
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the report from the City
Manager advising of a request from the owner of the variety store at 149 King Street
East for loading zone signs to be placed in front of the store as the original signs were
missing; and recommending that first and second readings be given to the submitted
Traffic By-Law amendment and it be referred to the Legal Department for review prior
to third reading -- be received and filed and the recommendation be adopted:
AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to loading zones
on King Street East, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973, And Amendments Thereto".
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the by-law entitled, "A
By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John
Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments
Thereto", with regard to loading zones on King Street East, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A By-Law To Amend A By-Law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973, And Amendments Thereto".
14. Easement For Encroachment
KinQ And Germain Streets
Consideration was given to a report from the City Manager submitting
documentation from the Legal Department advising of the request from Franklin O.
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Leger, Q.C., solicitor for Brunswick Square Ltd., for the City to grant an easement to
allow encroachments upon King and Germain Streets; and recommending adoption of
the submitted resolution in this regard.
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the Mayor and Common
Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a
grant of easement in favour of Brunswick Square Ltd., the present owners, to permit
the encroachments of the improvements to their building complex situate at King and
Germain Streets upon King and Germain Streets, such easement to terminate with the
demolition or removal of such encroachments.
Question being taken, the motion was carried.
15. Adopt A Smoke Alarm ProQram
On motion of Councillor Vincent
Seconded by Councillor Court
RESOLVED that the report from the City
Manager advising of a public safety partnership initiative between the Saint John Fire
Department and Kent Building Supplies to ensure that all senior citizens in Saint John
who did not have a smoke alarm would soon have access to one at no cost to the
seniors, with Kent providing the alarms and the City providing the installation -- be
received and filed.
The Mayor advised the intent to send a letter of thanks to Kent Building
Supplies on behalf of Council.
(Councillor Chase withdrew from the meeting.)
Question being taken, the motion was carried.
16. Certificate In Community-Based
Development ProQram - Update
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the report from the City
Manager updating Council on the status of the Certificate in Community-Based
Development Program (CCBD), a training and development initiative of the City of Saint
John, and apprising Council of the significant value realized to date, as well as of the
participants in the CCBD in 1997 -- be received and filed.
Question being taken, the motion was carried.
(Councillor Trites withdrew from the meeting.)
17.TenderForFou~Door4x4
Vehicle - Water And SeweraQe
On motion of Councillor Vincent
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, the tender of Lorne Brett Chevrolet Oldsmobile Cadillac Ltd., in the
amount of $ 31,702 (plus tax), be accepted for the supply of one four-door 4x4 vehicle
for the Water and Sewerage Division.
(Councillor Chase re-entered the meeting.)
Question being taken, the motion was carried.
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18.TenderForFou~Door4x4
Vehicle - Fire Department
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, the tender of Lorne Brett Chevrolet Oldsmobile Cadillac Ltd., in the
amount of $36,073 (plus tax), be accepted for the supply of one new four-door 4x4
vehicle for the Saint John Fire Department.
Question being taken, the motion was carried.
19. Tender For Contract 98-1
On motion of Councillor White
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Contract 98-1: Curb and Sidewalk Construction, be awarded to the
low tenderer, Fairville Construction Ltd., at the tendered price of $494,867.40, 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.
20. Response To John MacKenzie's Request To
Operate Food Concession North Market Wharf
Read a report from the City Manager advising that, further to Council's
consideration on May 19, 1998 of John MacKenzie's request to operate a food
concession during the summer months at North Market Wharf, staff has had further
discussions with Mr. Mackenzie who has now agreed to accept, if approved by Council,
a three-year license to operate a food outlet immediately behind the Sand and Slip Bar
on the site of the bell standard (the existing bell stand can be relocated), as indicated
on the submitted plan of the Market Slip area; commenting on Mr. MacKenzie's
discussions with staff prior to May 19, as well as on Market Square's indication that it
would hope the City would not issue licenses to businesses to set up outside the area
licensed to it; and submitting a recommendation in this regard.
On motion of Councillor Court
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Common Council approve the issuance of a license to Penney's (Mr.
John MacKenzie) to operate a food concession at Market Slip with a term of three
years commencing May 1, 1998, subject to the following terms and conditions: (1) the
monthly rent to be $350 in 1998, $400 in 1999, $450 in 2000 plus HST; (2) a full
months rent is due on the first day of each month or part month the food concession is
open for business; (3) the license may be terminated by either party with 60 days
notice; (4) the licensee to keep in force not less than $1,000,000 in liability insurance
and provide proof of same if requested; (5) the design of the building including colours
and signs to be approved by the Manager, Real Estate and Facility Management; (6)
the licensee to be responsible for the cost of installation and the charges for water,
sewer and electricity and other necessary services; and (7) the licensee is responsible
to keep the area around the concession clear of litter to the satisfaction of the Manager,
Real Estate and Facility Management.
Question being taken, the motion was carried.
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21. City Of Saint John V.
Downev Ford Sales Ltd.
On motion of Councillor Vincent
Seconded by Councillor Desmond
RESOLVED that the report from the
City Solicitor advising that, further to Common Council resolution of May 19, 1998
authorizing the execution of a release in favour of Downey Ford Sales Ltd. in
connection with damage sustained by a City-owned police vehicle at which time some
Councillors expressed dissatisfaction with the City absorbing $1,000 of the loss caused
by the damage to the vehicle, he spoke with legal counsel for the City's insurer in this
matter who informed him that the City will be reimbursed the $1,000 deductible amount
from the $2,300 settlement amount, although such an arrangement is not required by
the terms of the City's insurance policy which provides that only if the amount
recovered is greater than the claim paid to the City plus the insurer's costs in
processing that claim is the excess available to reduce or eliminate the deductible
amount; however, in this particular case, he understood that the terms of settlement
reflected the insurer's view that a strong claim existed against the company -- be
received and filed.
Question being taken, the motion was carried.
22. Planning Advisory Committee
Subdivision Assent & Temporary
Approval For Mobile Home At
1618 Latimer Lake Road
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council (1) assent to the submitted tentative
subdivision plan of 1618 Latimer Lake Road and to any required public utility
easements; and (2) under the authority of the Mobile Home Parks By-Law, permit a
mobile home to be situated on proposed Lot 98-2 for a maximum period of one year.
Question being taken, the motion was carried.
23. Planning Advisory Committee
Subdivision 3336 Loch Lomond Road
On motion of Councillor Ball
Seconded by Councillor Court
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to the submitted staff concept
plan for subdividing of property at 3336 Loch Lomond Road, and accept a cash-in-lieu
dedication for the required land for public purposes.
Question being taken, the motion was carried.
24. Planning Advisory Committee
Subdivision 41 Mcilveen Drive
On motion of Councillor Vincent
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council (1) assent to the submitted photo-
reduced tentative subdivision plan of 41 Mcilveen Drive illustrating a new public street,
as well as to any required municipal services and public utility easements; and (2)
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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 for the approval of the Chief City Engineer.
Question being taken, the motion was carried.
25. Planning Advisory Committee
Partial Release of Easement
& Vesting Of Parcel of Land
For Public Street Purposes
At 155 Lansdowne Avenue
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council authorize the negotiation of a partial
release by the City of the existing easement over the property at 155 Lansdowne
Avenue, as well as the vesting of a parcel of land at the intersection of Visart Street
and Lansdowne Avenue which is required for public street purposes, the details of
which shall be subject to further review and approval of Council prior to finalization.
Question being taken, the motion was carried.
26. Parking Commission
ParkinQ Meter AdvertisinQ
Consideration was given to a report from the Saint John Parking
Commission advising of its discussions with other City staff at various times over the
past twelve months of a meter advertising proposal from a Quebec company, Pub-En-
Fut Inc. that would sell and market advertising on parking meters; submitting
photographs indicating the manner in which the advertising would be installed, as well
as an agreement prepared by the Legal Department covering all the provisions and
concerns noted herein; and recommending that Council authorize the Mayor and
Common Clerk to execute the submitted agreement.
A motion was proposed by Councillor Vincent and seconded by
Councillor Court to adopt the above recommendation. Mr. Nugent referred to item (d)
in paragraph 4 of the submitted agreement dealing with circumstances under which the
advertisement might be placed on the parking meters would be removed. one being if it
contained any words or images which the City Manager may deem to be offensive,
which, he suggested, would put the City Manager in the awkward position of following
Council's direction without adequate direction in terms of what would constitute cause
for taking it down; and advised that, having spoken earlier this date with the General
Manager of the Parking Commission as to what would be needed in direction from
Council to allow the City Manager to understand under what circumstances this
advertisement would be objectionable, proposed for Council's consideration that
advertising would be removed in cases where it has been damaged or defaced, or was
inserted without Pub's permission, as stated in 4(d), and also if it contains nudity,
slanderous language or other content which might expose the City to court action. Mr.
Nugent advised that, if Council were prepared to adopt the language suggested, it
would be appropriate to adopt the Commission's recommendation with those changes
to paragraph 4.
On motion of Councillor Vincent
Seconded by Councillor Court
RESOLVED that the Mayor and Common
Clerk be authorized to execute an agreement with regard to parking meter advertising
between the City of Saint John and Pub-En-Fut Inc., as submitted with the
correspondence to Common Council dated May 14, 1998 from the Saint John Parking
Commission, with 4(d) to read as follows: "(d) be removed by Pub if it has been
damaged or defaced, or was inserted without Pub's permission, or contains any nudity,
slanderous language or other content which might expose the City to court action.".
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Question being taken, the motion was carried with Councillor Ball voting
"nay".
27. Canada Day Celebration Committee
For Saint John - Request For FundinQ
On motion of Councillor Court
Seconded by Deputy Mayor Chase
RESOLVED that the letter from the
Canada Day Celebration Committee for Saint John requesting the City to contribute
funds to cover the costs involved with the planned official flag raising ceremony for July
1, 1998 -- be received and filed and a grant of $1,000 be approved.
Question being taken, the motion was carried.
28. Harbour Bridge Authority - Budget
Fiscal Year EndinQ March 31. 1998
Consideration was given to a letter from the Saint John Harbour Bridge
Authority submitting, in compliance with the agreement between the Government of
Canada, the Province of New Brunswick, the City of Saint John and the Saint John
Harbour Bridge Authority, dated July 7, 1966, the proposed budget of estimated
expenditures for the year ending March 31, 1998; apologizing for the delay in
submitting this budget which took the Federal Government over a year to approve; and
advising of the completion of its annual audit and a sizable return of surplus to the
Federal Government.
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that the Mayor and Common
Clerk be authorized to execute the budget of estimated expenditures for the year
ending March 31, 1998 of the Saint John Harbour Bridge Authority, in compliance with
the agreement between the Government of Canada, the Province of New Brunswick,
the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966.
Question being taken, the motion was carried.
The Mayor asked if Council would like to continue with the agenda or
adjourn at this time, with the remaining items to be placed on next week's agenda,
whereupon Councillor Fitzpatrick proposed a motion to adjourn.
The Mayor declared the meeting adjourned.
Common Clerk