1998-09-08_Minutes
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COMMON COUNCIL
SEPTEMBER 8, 1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Tuesday, the eighth day of September, AD. 1998, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, 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; P. Hanlon, Manager of Water
and Sewerage Services; 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 James Fudge
of the First United Pentecostal Church and Chaplain of the Saint John Police Force,
offered the opening prayer.
2. Approval of Minutes
On motion of Deputy Mayor Chase
Seconded by Councillor Desmond
RESOLVED that minutes of the
meeting of Common Council, held on August 24, 1998, be approved.
Question being taken, the motion was carried.
The Mayor welcomed to the meeting members of the #250 Saint John
Wing of the Air Force Association of Canada, noting that the 50th Anniversary of the
Battle of Britain would be observed on Sunday, September 13, and Mr. Duffley
addressed Council about the Association and the local #250 Wing as they observed
their 50th Anniversary, the organization, originally known as the RCAF Association,
having been officially launched on May 12, 1948 by a Government Order in Council.
3(a) Amendment To Section 39 Conditions
Of Re-ZoninQ Of 341 Loch Lomond Road
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed amendment to the Section 39 conditions imposed
on the 1984 re-zoning, to "1-2" Heavy Industrial classification, of a parcel of land at 341
Loch Lomond Road (NBGIC Number 313791), having approximately 64 metres (209)
feet of road frontage and an area of 4,046 square metres (1 acre), by amending the
permitted use of the property to permit it to be used for a visitor centre for the nearby
Irving Oil Refinery, as requested by Irving Oil Limited - Refinery Division, and no written
objections were received in this regard.
3{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
September 3 meeting; and recommending that Common Council rescind its resolution
of February 27, 1984 and amended on May 11, 1987, pursuant to Section 39 of the
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Community Planning Act, with respect to the re-zoning of the property located at 341
Loch Lomond Road, also identified as NBGIC Number 313791, by replacing it with the
following: "That pursuant to Section 39 of the Community Planning Act, the use of the
property shall be limited to the applicant's proposal to establish and operate a "Visitor
Centre" and that signage for the property be limited to the "B-2" General Business
standards of the Zoning By-Law.".
Consideration was also given to a report from the City Manager (copies
of which were distributed to Council members at this meeting) recommending adoption
of the resolution as set out herein on the advice of the City Solicitor who brought to his
attention that the above Planning Advisory Committee resolution may be problematic
and that the stated resolution would be more appropriate.
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Common Council amend its resolution of February 27, 1984 as
amended on May 11, 1987, pursuant to Section 39 of the Community Planning Act,
with respect to the re-zoning of the property located at 341 Loch Lomond Road, also
identified as NBGIC Number 313791, by deleting the previous conditions and replacing
it with the following: "That pursuant to Section 39 of the Community Planning Act, the
use of the property shall be limited to the applicant's proposal to establish and operate
a "Visitor Centre" and that signage for the property be limited to the "B-2" General
Business standards of the Zoning By-Law.".
Question being taken, the motion was carried.
4(a) Zoning By-Law Text Amendment And
Re-ZoninQ 378-380 Westmorland Road
The Common Clerk advised that the necessary advertising was
completed with regard to (i) a proposed Zoning By-Law text amendment to add "special
zones SZ#2" to the list of zones in Section 30(1) and to add uses, conditions of use
and zone standards for the "SZ#2" zone as Section 740(2); and (ii) the proposed re-
zoning of a parcel of land located at 378-380 Westmorland Road (NBGIC Number
316851), having frontage of approximately 300 feet and an area of approximately 3
acres, from "B-2" General Business to "SZ#2" Special Zone #2, to permit the continuing
operation of a beverage container redemption centre which is not registered under the
Beverage Containers Act, as requested by Lindsay Sabean, and no written objections
were received in this regard.
4{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at a Committee
meeting at which a solicitor for the applicant expressed support for the staff
recommendation and the property owner, Frederick Ganong, indicated his willingness
to chipseal the parking area and driveways but not to pave these areas with asphalt as
recommended by staff, and Lindsay Sa bean provided the Committee with a brief
presentation concerning how his operation is conducted and an overview of the
recycling business and areas he felt required improvements and acknowledged that
these necessary improvements were the responsibility of the Province of Brunswick;
advising that a number of operators of registered redemption centres in the City spoke
in opposition to the proposed amendments, indicating that the Province is intending to
regulate unregistered redemption centres in the near future, and staff indicated that the
Zoning By-Law has and continues to allow for unregistered redemption centres in
industrial zones and, while the purpose of requiring registered redemption centres in
the "B-2" General Business zone was anticipated as a means of regulating these land
uses in a manner that would foster improved aesthetic control in an industrial area, the
Province has not incorporated any such requirements in the legislation; however, with
the suggested Section 39 conditions, improved site conditions could be achieved. The
report also advises that the Committee adopted the staff recommendation with the
amendment that the Developer only be required to chipseal the parking area and
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SEPTEMBER 8, 1998
driveways until municipal services are extended to the subject property, after which
time asphalt will be required; and recommends that Common Council amend the City of
Saint John Zoning By-Law by (1) adding the following to the list of zones in Section
30(1): "special zones SZ#2", (2) adding the following as Section 740(2):
"740 SPECIAL ZONES
(2) Special Zone #2 (SZ#2)
(a) Uses
Any land, building, or structure may be used for the purposes of, and for
no other purpose than,
(i) the following uses:
- bank or financial institution;
- business office;
- church;
- community centre;
- dwelling unit;
- electric substation or telephone exchange;
- funeral home;
- hotel;
- institutional residence;
- Institution of an educational, governmental or
- philanthropic nature;
- public museum, library, park or playground;
- personal service shop;
- repair service shop;
- subject to subsection (b)(i), a redemption centre;
- restaurant;
- retail store;
- school;
(ii) the following uses subject to such terms and conditions as may be
imposed by the Committee:
- subject to subsection (b)(ii), an amusement place,
including a theatre, a concert hall, a billiard
parlour, athletic or health club;
- gasoline bar;
- parking area
- cablevision facility;
- subject to subsection (b)(iii), a motel; a private
club; a fraternity or lodge without a license under
the New Brunswick Liquor Control Act; a rooming
house; an efficiency apartment;
- subject to subsection (b)(iv), a repair garage or
service station, a car wash and/or truck wash;
- a second-hand store;
- a drive-in or take-out restaurant;
- a shop of less than 186 square metres for
manufacturing of bakery, candy, jam, ice-cream or
confectionery goods; dyeing and cleaning works; a
laundry; printing establishment or the manufacture
or treatment of such products incidental to a retail
business conducted on the premises;
(iii) subject to Section 830, an accessory building, structure, or use,
incidental to a use building or structure permitted in this zone.
(b) Conditions of Use
(i) a redemption centre shall be wholly contained within a building
and not have any outdoor storage associated with the use.
(ii) an amusement place may not be located within 90 metres
measured along the street on which the lot fronts of a church, school, or community
centre, or within a radius of 30 metres thereof in any other direction.
(iii) a motel, private club, fraternity, or lodge without a license under
the New Brunswick Liquor Control Act, a rooming house or an efficiency apartment may
not be located on a lot abutting an "R-1A", "R-1 B", or "R-2" zone.
(iv) A repair garage or service station shall have
(A) a minimum lot area of 930 square metres and a minimum
lot width of 30 metres;
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COMMON COUNCIL
SEPTEMBER 8, 1998
(B) an entrance or exit for motor vehicles not closer than 30
metres from an entrance or exit to a firehall, public or private school, playground,
theatre, church, hospital, institutional residence or other similar institution;
(C) no portion of the building used for a dwelling unit;
(D) no fuel pump island located closer than six (6) metres to a
street line.
(b) Zone Standards
Standards for development in Special Zone #2 shall be as set out in
Section 520(3), and Sections 810 to 910 where this zone shall be considered a "B-2"
zone, a "B" zone, or a business zone, as the case may be. ";
and (3) re-zoning a parcel of land located at 378-380 Westmorland Road (NBGIC
Number 316851), having frontage of approximately 91 metres (300 feet) and an area of
approximately 1.21 hectares (3 acres), from "B-2" General Business to "SZ#2" Special
Zone #2, subject to a resolution pursuant to Section 39 of the Community Planning Act
setting out the following conditions: (a) the Developer must pave the parking area and
driveways with chipseal until such time that municipal services are extended to the
subject property, then these areas must be repaved with asphalt; (b) the Developer
must landscape along the front of the site to a maximum depth of 2 metres (6.5 feet),
except for the existing driveways; (c) the site shall not be developed except in
accordance with a detailed site plan, prepared by the Developer, and subject to the
approval of the Development Officer, indicating the location and treatment of the
parking area, driveways, loading areas, signs, landscaping area, and other site
facilities, including those listed above. No building permit will be endorsed by the
Development Officer until the required site plan is approved. Such site plan will be
attached to the building permit for the redemption centre; and (d) all improvements
shown on the approved site plan must be completed within one (1) year of building
permit approval.
Brian Ferguson, a lawyer at 36 Main Street West, appeared in opposition
to the above-proposed amendment on behalf of the following registered redemption
centres: Golden Mile Redemption Centre, Fairville Bottle Exchange, Fundy Redemption
Centre, Pubs, Northview Redemption Centre and K.V. Redemption Centre; and, on the
understanding that the amendment would allow for an unregistered beverage container
redemption centre, pointed out that, under the Provincial Beverage Containers Act, no
person shall operate a redemption centre unless it is registered under this Act. Mr.
Ferguson, referencing various pieces of legislation, expressed the opinion that, if a
municipality attempts to invade Provincial jurisdiction, such legislation would be ultra
vires and would probably be struck down by the court and, in this case, Council would
be attempting to allow something to operate without the proper legislation which is
governed by the Province which would be outside the purview of the municipality, thus
the City Solicitor should be advised to look into this; and, in noting that the New
Brunswick Department of the Environment has stated that there is a sufficient number
of redemption centres in the Province and no additional registrations will be approved,
suggested that registration was a separate issue and, if the City approved the
amendment to operate an unregistered centre, it would essentially be a violation of the
Beverage Containers Act. Mr. Ferguson expressed disagreement with the argument
that the registration would be good for everywhere simply because a registration states
the location of the business and, regardless, that matter is again something for the
Department of the Environment to deal with as opposed to Council and, if Council
moved into Provincial jurisdiction by passing a by-law over which Council has no
jurisdiction, it would be subject in the future to whether there was potential liability for
the City or whether the court would strike it down.
During discussion Mr. Ferguson re-iterated his suggestion that Council
should have the City Solicitor look at this matter as there was no such thing as an
unregistered redemption centre and Council could not re-zone something that did not
exist and, in response to a query as whether or not Mr. Ferguson had any idea of how
many unlicensed redemption centres or operations there were in the Province, Mr.
Ferguson advised that he did not know, although reality was different from legally; and
the view was expressed that it was the Province's job to address the problem of
unregistered redemption centres or operations in the Province, with reference made to
the letter from the unregistered redemption centres as indicated by the Beverage
Containers Coordinator, submitted with the above correspondence from the Planning
Advisory Committee, indicating that the Department of the Environment was concerned
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SEPTEMBER 8, 1998
about the number of unregistered centres that were currently operating in the Province
and the Minister had advised the N.B. Redemption Association that he was prepared to
propose amendments to the Beverage Containers Act to address this problem.
Brian Love, a lawyer with the law firm of Lutz Longstaff, appeared in
support of the proposed amendment representing Lindsay Sabean, the petitioner for
the re-zoning application; and made the observation that, essentially, a registered
redemption centre was one which could collect redeemable bottles and, in turn, sell
them back to a brewery or a recycling plant, although, throughout the Province as
envisaged by the Act, these bottles could be redeemed at a local convenience store
which, in turn, would deliver them to a brewery or a registered redemption centre, and
also that some of the registered redemption centres have opened up a satellite or
branch office to collect bottles for return to their registered centres for subsequent turn
over to the various authorities that take the bottles for recycling. Mr. Love expressed
the understanding that the applicant's unregistered redemption centre was not the only
one operating in Saint John and that the City was not being asked to do something
against public policy in that the Light Industrial zone provided for an unregistered
redemption centre, and also that the Province determined in the spring of this year that
it did not have any authority under the Beverage Containers Act to shut down these
unregistered, or satellite, redemption centres at this time and was reviewing the matter
now so as to bring legislation forth in the fall sitting of the Legislature to deal with the
issue. Mr. Love concurred with the view that the issue of unregistered redemption
centres was not an issue for Common Council and, if the Province of New Brunswick
was desirous of shutting down the unregistered redemption centres, it would do so, and
the City was not looking to usurp any power from the Province of New Brunswick; and
noted that the Planning Advisory Committee reviewed City staff's recommendation and
approved it, and that this particular centre has operated for about three and a half
years.
During discussion Councillor Court questioned the possible danger that
such satellite operations could put the registered owners out of business.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, by (1) adding the following to the list of zones
in Section 30(1): "special zones SZ#2"; (2) adding uses, conditions of use and zone
standards for Special Zone #2 (SZ#2) as Section 740(2), and (3) re-zoning a parcel of
land located at 378-380 Westmorland Road (NBGIC Number 316851), having frontage
of approximately 91 metres (300 feet) and an area of approximately 1.21 hectares (3
acres), from "B-2" General Business to "SZ#2" Special Zone #2, pursuant to Section 39
of the Community Planning Act as recommended by the Planning Advisory Committee,
be read a first time.
Question being taken, the motion was carried with Councillor Court
voting "nay".
Read a first time the by-law to amend the Zoning By-Law of the City of
Saint John.
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, by (1) adding the following to the list of zones
in Section 30(1): "special zones SZ#2"; (2) adding uses, conditions of use and zone
standards for Special Zone #2 (SZ#2) as Section 740(2), and (3) re-zoning a parcel of
land located at 378-380 Westmorland Road (NBGIC Number 316851), having frontage
of approximately 91 metres (300 feet) and an area of approximately 1.21 hectares (3
acres), from "B-2" General Business to "SZ#2" Special Zone #2, pursuant to Section 39
of the Community Planning Act as recommended by the Planning Advisory Committee,
be read a second time.
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SEPTEMBER 8, 1998
As to the City Solicitor's views in this regard, Mr. Nugent advised that he
would want an opportunity to examine the Beverage Containers Act and any other
relevant legislation and be back to Council in this regard prior to third reading.
Question being taken, the motion was carried with Councillor Court
voting "nay".
Read a second time the by-law to amend the Zoning By-Law of the City
of Saint John.
On motion of Councillor Desmond
Seconded by Councillor Trites
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 560 Hillcrest Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land at 560 Hillcrest
Road (NBGIC Number 55002448), having approximately 61 metres (200 feet) of road
frontage along Hillcrest Road and a total area of approximately 6,250 square metres
(1.5 acres), from "RS-1 M" One- and Two-Family and Mobile Home Suburban
Residential to "B-2" General Business classification, to permit the continuing operation
of an auto repair garage from the property, as requested by Elmer Needle, and no
written objections were received in this regard, with 5{c) a letter having been received
from Elmer Needle requesting to withdraw the application for re-zoning of the subject
property.
5{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report, six letters from neighbouring
property owners - one in favour and five against the re-zoning application, and a
petition in favour of the application, considered at the Committee's September 3
meeting at which Donald Walker appeared on behalf of the applicant in support of the
re-zoning application; and recommending that Common Council not approve the
application to re-zone the property located at 560 Hillcrest Road.
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the application of Elmer
Needle for the re-zoning of a parcel of land at 560 Hillcrest Road be withdrawn, as
requested by the applicant.
Question being taken, the motion was carried.
6(a) Zoning By-Law Text Amendment And
Re-ZoninQ Of 231 Churchill Boulevard
The Common Clerk advised that the necessary advertising was
completed with regard to (i) a proposed Zoning By-Law text amendment to add "special
zones SZ#3" to the list of zones in Section 30(1), and to add uses, conditions of use
and zone standards for the "SZ#3" zone as Section 740(3), and (ii) the proposed re-
zoning of the property located at 231 Churchill Boulevard (NBGIC Number 55096440),
from "B-2" General Business to "SZ#3" Special Zone #3, to permit the use of a portion
of the existing Ricky's Plaza for a licensed lounge, as requested by Stephen Tobias,
and no written objections were received in this regard.
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SEPTEMBER 8, 1998
6{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report, three letters of objection and
two letters of support considered at the Committee's September 3 meeting at which the
applicant was in agreement with the recommended conditions, however during
discussion the details of the hours of operation were modified to clarify limitations on
opening and closing times as indicated in the revised recommendation; and
recommending that Common Council amend the City of Saint John Zoning By-Law as
follows:(1) adding the following to the list of zones in Section 30(1): "special zones
SZ#3", (2) adding the following as Section 740(3):
"740 SPECIAL ZONES
(3) Special Zone #3 (SZ#3)
(a) Uses
Any land, building or structure may be used for the purposes of, and for
no other purpose than,
(i) the following uses:
- bank or financial institution;
- business office;
- church;
- club or lounge;
- community centre;
- dwelling unit;
- electric substation or telephone exchange;
- funeral home;
- hotel;
- institutional residence;
- institution of an educational, governmental or
- philanthropic nature;
- public museum, library, park or playground;
- personal service shop;
- repair service shop;
- subject to subsection (b)(i), a redemption centre;
- restaurant;
- retail store;
- school;
(ii) the following uses subject to such terms and conditions as may be
imposed by the Committee:
- gasoline bar;
- parking area;
- cablevision facility;
- subject to subsection (b)(ii), a motel; a private
club; a fraternity lodge without a license under
the New Brunswick Liquor Control Act; a rooming
house; an efficiency apartment;
- subject to subsection (b)(iii), a repair garage or
service station, a car wash and/or truck wash;
- a second-hand store;
- a drive-in or take-out restaurant;
- a shop of less than 186 square metres for
manufacturing of bakery, candy, jam, ice-cream or
confectionary goods; dyeing and cleaning works; a
laundry; printing establishment or the manufacture
and treatment of such products incidental to a retail]
business conducted on the premises;
- subject to subsection (b)(iv), an office or parking
area for a taxi business;
(iii) subject to Section 830, an accessory building, structure, or use incidental
to a use, building or structure permitted in this zone.
(b) Conditions of Use
(i) a redemption centre shall:
(A) be registered as a redemption centre pursuant to the
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SEPTEMBER 8, 1998
Beverage Containers Act and comply with all regulations thereunder;
(B) be wholly contained within a building and not have any
outdoor storage associated with the use.
(ii) a motel, private club, fraternity, or lodge without a license under
the New Brunswick Liquor Control Act, a rooming house or an efficiency apartment may
not be located on a lot abutting an "R-1A", "R-1 B", or "R-2" zone.
(iii) a repair garage or service station shall have
(A) a minimum lot area of 930 square metres and a minimum
lot width of 30 metres;
(B) an entrance or exit for motor vehicles not closer than 30
metres from an entrance or exit to a firehall, public or private school, playground,
theatre, church, hospital, institutional residence or other similar institution;
(C) no portion of the building used for a dwelling unit;
(D) no fuel pump island located closer than six (6) metres to a
street line.
(iv) an office or parking area for a taxi business may not be located
on a lot which is adjacent to an "R" zone on the street which the lot fronts.
(c) Zone Standards
Standards for development in Special Zone #3 shall be as set out in
Section 520(3), and Sections 810 to 910 where this zone shall be considered a "B-2"
zone, a "B" zone, or a business zone, as the case may be. ";
and (3) re-zoning a parcel of land located at 231 Churchill Boulevard (NBGIC Number
55096440), from "B-2" General Business to "SZ#3" Special Zone #3, subject to a
resolution pursuant to Section 39 of the Community Planning Act setting out the
following conditions: (a) the subject property will only ever have one facility with a liquor
license at anyone time; (b) the size of the licensed facility shall be limited to a
maximum capacity of 80 patrons; (c) the hours of the licensed facility shall be limited to:
Monday to Wednesday opening at 10:00 am - closing at 12:00 midnight; Thursday to
Saturday opening at 10:00 am - closing at 1 :00 am the following morning; Sunday
opening at 1 :00 pm closing at 12:00 midnight; (d) any licensed facility shall either have
a kitchen facility or provide food service from at least one other restaurant in the subject
site; and (e) there shall be no live entertainment in the licensed facility or recorded
entertainment detectable within 100 feet of the licensed facility.
Stephen Tobias, appearing in support of the application representing
Raydor 1998 Ltd. and Tobias Foods Ltd., noted that the application was a slightly
revised version of a proposal that had been submitted to the Planning Advisory
Committee and Council a number of months ago which he had requested to be
withdrawn; and expressed the view that the previous proposal put forward had suffered
from a lack of community input and, as his neighbours were a little surprised and
unclear about what was happening, there was a lot of objection, thus he thought the
best course was to go back to the community, meet with his neighbours and see what
he could do to deal with their objections. Mr. Tobias advised that, over the summer, he
met with the Planning Department and the various groups that had objected and, at this
point, the two main community groups - the Crescent Valley Tenants Association and
the Department of Municipalities and Housing, have, in turn, over the course of time
withdrawn their objections and now seem to be in support of the proposal. Mr. Tobias
also advised that the plan was to open, in light of the development happening in the
neighbourhood, another food service establishment with a liquor license attached to it
and, with the already two long-term tenants in the building - Valley Fries and Pizza
Delight, to take advantage of the two kitchens already in existence in the subject
building and open one licensed area which will use their kitchens.
In response to the Mayor's query as to whether or not Mr. Tobias agreed
with the Planning Advisory Committee's recommendation on the hours of operation, Mr.
Tobias responded in the affirmative.
On motion of Councillor White
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, by (1) adding the following to the list of zones
in Section 30(1): "special zones SZ#3"; (2) adding uses, conditions of use and zone
standards for Special Zone #3 (SZ#3) as Section 740(3), and (3) re-zoning a parcel of
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COMMON COUNCIL
SEPTEMBER 8, 1998
land located at 231 Churchill Boulevard (NBGIC Number 55096440), from "B-2"
General Business to "SZ#3" Special Zone #3, pursuant to Section 39 of the Community
Planning Act as recommended by the Planning Advisory Committee, be read a first
time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-Law of the City of
Saint John.
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John, by (1) adding the following to the list of
zones in Section 30(1): "special zones SZ#3"; (2) adding uses, conditions of use and
zone standards for Special Zone #3 (SZ#3) as Section 740(3), and (3) re-zoning a
parcel of land located at 231 Churchill Boulevard (NBGIC Number 55096440), from "B-
2" General Business to "SZ#3" Special Zone #3, pursuant to Section 39 of the
Community Planning Act as recommended by the Planning Advisory Committee, 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 Desmond
Seconded by Councillor Ball
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
7. Street Closing By-Law Amendment
Re Portion Of Rope Walk Road
The Common Clerk advised that the necessary advertising was
completed with regard to a proposed Street Closing By-Law amendment to stop up and
close a portion of Rope Walk Road, and no written objections were received in this
regard.
On motion of Councillor Court
Seconded by Councillor Ball
RESOLVED that the by-law entitled, "A By-
Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In
The City Of Saint John", with regard to a portion of Rope Walk Road, 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 The Stopping Up And Closing Of Highways In The City Of Saint John".
On motion of Councillor Court
Seconded by Councillor Desmond
RESOLVED that the by-law entitled, "A
By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In
The City Of Saint John", with regard to a portion of Rope Walk Road, be read a second
time.
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SEPTEMBER 8, 1998
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A By-Law To Amend A By-Law
Respecting The Stopping Up And Closing Of Highways In The City Of Saint John".
8. Mayor's Remarks
Mayor McAlary proclaimed September 11 as the official kick-off to the
1998 United Way Campaign; September 14 to 18 as Volunteer Grandparents Week, a
new project being encouraged by the Boys and Girls Club of Saint John; and
September 11 as Arthritis Day in the City of Saint John; and noted a Read Saint John
event earlier this date in recognition of Literacy New Brunswick Day and a September
19 beach clean-up effort being undertaken by ACAP Saint John. Recent presentations
to the Standing Committee on Energy concerning natural gas distribution were noted,
and congratulations were extended to Mike King, shortstop with the Saint John Alpines
Baseball Team, on his receipt of a scholarship to Husson College in the USA for his
talent and scholastic ability.
The Mayor advised that, having discussed the timing of the Common
Council meetings, starting with the public session on September 14 and continuing
thereafter, meetings that would normally commence at 4:00 o'clock p.m. - whether they
be Committee of the Whole or open session meetings - would commence at 4:30
o'clock p.m.
9. City's Presentation To Standing Committee
On EnerQY Re Natural Gas Distribution
On motion of Councillor Vincent
Seconded by Councillor Court
RESOLVED that the letter from Mayor
McAlary submitting a copy of the presentation made on Council's behalf to the Standing
Committee on Energy concerning natural gas distribution -- be received and filed.
Deputy Mayor Chase suggested that staff should be asked to look into
the cost of obtaining from Fundy Cable the taped presentations to the Standing
Committee for Council's review; and the Mayor, having highlighted the City's
presentation, suggested that, although the City did not support any company, Council
could send a letter to the Premier in this regard if it so desired.
Question being taken, the motion was carried.
10. Plans For Year 2000
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Mayor
McAlary advising that, due to other commitments, Peter Klohn has resigned from the
Committee for the Year 2000 Celebration and, if it is the wish of Council, she would
appoint two or three members of Council to work with her on the next step to plan for
the Year 2000, and recommending that a committee of two or three members of
Council and the Mayor meet to discuss and assist with a plan on how to proceed -- be
received and the Mayor be authorized to appoint a committee to make plans for the
Year 2000.
Question being taken, the motion was carried.
10A. Education - Quality Of LivinQ
Read a letter from Councillor Chase advising that he would like the
opportunity to speak briefly on some of the great aspects of the school system in Saint
John as the education system is one of the factors considered in quality of life in any
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COMMON COUNCIL
SEPTEMBER 8, 1998
community and, in promoting Saint John as a place to live and do business, every
opportunity should be taken to promote the successes of the local educators.
Councillor Chase spoke on the basis that the City's school system
included great educators who have received numerous awards, school children who
have received numerous national awards, schools which have achieved, for example,
"green school" status, and graduates who go on to be political leaders, t.v. anchors,
sports heroes and community leaders.
On motion of Councillor Chase
Seconded by Councillor White
RESOLVED that the above letter from
Councillor Chase be received and filed.
Condolences were extended to the family of the late David Taylor,
Principal of Westfield School until his retirement and immediate Past President of the
New Brunswick Teachers Association, who passed away on September 5.
Question being taken, the motion was carried.
11. Tender For Fire Department Uniforms
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, the tender submitted by R. Nichols Distributors Ltd. be accepted for the
supply of new uniforms for the Saint John Fire Department, as indicated in the
submitted summary of bids.
Question being taken, the motion was carried.
12. Tender For SludQe Trailer
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, the tender of Del Equipment Ltd., Moncton, N.B., in the amount of
$98,500, plus tax, be accepted for the fabrication and supply of a new sludge trailer.
Question being taken, the motion was carried.
13. Tender For Motorized Equipment
On motion of Councillor Vincent
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, the tenders for the supply of vehicles be accepted as follows: (1) 98-
232006T - 1 (only) four wheel drive extended cab pick up from Centennial Pontiac
Buick GMC Ltd., in the amount of $33,637 (plus tax); (2) 98-232007T - 1 (only) cab and
chassis from Downey Ford Sales Ltd., in the amount of $31,403 (plus tax); (3) 98-
232008T - 1 (only) four wheel drive cab and chassis from Centennial Pontiac Buick
GMC Ltd., in the amount of $29,546 (plus tax) and (4) 98-232009T - 1 (only) cargo van
from Centennial Pontiac Buick GMC Ltd., in the amount of $25,686 (plus tax).
Question being taken, the motion was carried.
14. Re Garbage Collection
& Solid Waste Disposal
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COMMON COUNCIL
SEPTEMBER 8, 1998
On motion of Councillor White
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager focusing, further to Council's request of July 13, 1998 for a detailed analysis
on the cost and methods of garbage collection operations and solid waste disposal,
primarily on household or residential garbage collection methods and costs; including
tables showing the annual budget allocations for residential solid waste collection over
the last ten years, the garbage collection fleet cost 1998, the residential garbage
collection costs on City-serviced routes, the residential garbage collection costs in
contracted zones, residential garbage collection routes for both City routes and
contracted zones, and a history of contract unit costs for residential garbage; and
commenting on the generation of solid waste by the institutional-commercial-industrial
sector, the $57/tonne tipping fee for garbage deposited at the Crane Mountain landfill
site, and waste diversion -- be received and filed.
The practice in other municipalities in terms of garbage collection
frequency was questioned in comparison to the City of Saint John's practice of weekly
collection, as was the total amount over budget of the Crane Mountain project from the
initial budget submitted at which time the contracts were awarded, and the anticipated
tipping fee in years 2, 3, 4 and 5, and the Mayor suggested that the Fundy Region
Solid Waste Commission should be invited to a Common Council meeting to make a
public presentation.
Question being taken, the motion was carried.
(Councillor Ball withdrew from the meeting.)
15. Discharge Of Judgment - Demolition
Of Premises Main & Metcalf Streets
Consideration was given to a report from the City Solicitor referring to the
Court Order received by the City in November 1997 which, among other things,
authorized the City to demolish the buildings located at 437 Main Street, 443 Main
Street and 314 Metcalf Street (actually the buildings were inter-connected to form one
building) at the expense of the owner, Roohi Najam Malik, the City having carried out
the work and on July 27, 1998 obtained a Judgment against the owner in the amount of
$21,317.50 representing the cost to the City of demolition and clean-up, as well as
Court costs; advising that, on August 31, 1998, the City received a bank draft in the full
amount of the City's Judgment and Mrs. Malik's lawyer has requested that the City
provide him with a registered Discharge of Judgment, which should be granted by
Council adopting the resolution set out herein.
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the following resolution be
adopted, namely:
WHEREAS the City of Saint John has obtained and registered a Judgment
against Roohi Najam Malik (S/M/166/97) in the amount of $21,317.50 with respect to
the demolition by the City of her buildings which were formerly located at 437 Main
Street, 443 Main Street and 314 Metcalf Street, Saint John, N.B.:
AND WHEREAS the City of Saint John has now received full payment of its
Judgment:
THEREFORE BE IT RESOLVED that the Mayor and Common Clerk are hereby
authorized to execute and seal any documentation which may be required to confirm
that the City has received full payment of its Judgment and to discharge the said
Judgment.
Question being taken, the motion was carried.
16. Land For Public Purposes Fund
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COMMON COUNCIL
SEPTEMBER 8, 1998
Grandview Avenue School PlaVQround
Consideration was given to a report from the City Solicitor referring to
Common Council resolution of July 13,1998 resolving to expend $12,138.63 from the
Land for Public Purposes fund for the development of a playground at Grandview
Avenue School and his indication at that meeting that any such expenditure must be
conditional upon the City receiving written authorization from an appropriate officer of
the Province that the playground would be available for public use, and also referring to
the letter considered at the July 27, 1998 Council meeting from the Grandview Avenue
Home and School Association submitting a letter from the Superintendent of School
Districts 6 & 8 which indicated that the School District had no problem with the
expanded playground being used by the community; and advising that, as a purported
authorization by the School District for the public's use of a portion of school property
would be ineffective, an appropriate document was prepared in which the
Superintendent certifies that he has been designated by the Minister of Education and
which authorizes the use by the general public of the playground for recreational use
and enjoyment, and this document has been signed by the Superintendent and
returned to the Legal Department which satisfies the requirement that the playground
be available for public use and the funds in question may be disbursed in due course.
On motion of Councillor Vincent
Seconded by Councillor White
RESOLVED that the report from the City
Solicitor regarding the expenditure of Land for Public Purposes funds for the
Grandview Avenue School playground be received and filed.
Question being taken, the motion was carried.
(Councillor Trites withdrew from the meeting, not having been present at
the August 24, 1998 public hearing for the re-zoning of property at 2483 Westfield
Road.)
17. Zoning By-Law Amendment To
Re-Zone 2483 Westfield Road
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-475 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning the former Ketepec School property, being
a parcel of land with an area of approximately 1.75 acres and located at 2483 Westfield
Road (NBGIC Numbers 291443,55143820 and 55143838), from "IL-1" Neighbourhood
Institutional to "B-2" General Business classification, be read a third time and enacted
and the Corporate Common Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to the following conditions: (a) the use of the site is
restricted to the applicant's proposal to establish a "business incubator centre" which
may include only the following activities: (i) a retail store, including a garden centre; (ii)
a business or professional office; (iii) a business school; (iv) a physical fitness centre;
(b) the hours of operation are restricted to 7:00 a.m. to 9:00 p.m. Monday through
Saturday, and 9:00 a.m. to 6:00 p.m. on Sundays and holidays; (c) the number of
persons working at the site must not exceed 15 at anyone time; (d) site improvements
shall be undertaken by the applicant/owner in accordance with a detailed site plan, to
be prepared by the applicant/owner and subject to the approval of the Development
Officer, illustrating landscaped areas, paved parking and one driveway with a maximum
width of 30 feet at the street line; and (e) the site improvements illustrated on the
approved site plan must be completed no later than October 31, 1999.
The by-law entitled, "By-Law Number C.P. 100-475 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.
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SEPTEMBER 8, 1998
(Councillor Trites re-entered the meeting.)
18. Planning Advisory Committee
Subdivision 210 Osborne Avenue
On motion of Councillor Vincent
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, (1) Common Council assent to the submitted photo-
reduced subdivision plan of 210 Osborne Avenue and to any required municipal
services and public utility easements; (2) Common Council authorize the preparation
and execution of one or more City/Developer subdivision agreements to ensure
provision of the required work and facilities, including drainage and site plans for the
approval of the Chief City Engineer; (3) Common Council authorize cost sharing
outside the limits of the proposed subdivision; and (4) a Land for Public Purposes cash-
in-lieu dedication be accepted for the proposed subdivision.
Question being taken, the motion was carried.
19. Gary K. Kyle - Driveway On Victoria
Street & Sidewalk On Cunard Street
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the letter from Gary K.
Kyle re-iterating his request for the City to widen his driveway on Victoria Street, further
to his letter to Council on August 10, 1998; and also requesting that the City repair the
badly damaged area in the sidewalk on Cunard Street -- be referred to the City
Manager.
Question being taken, the motion was carried.
20. Heritage Saint John
Re Centra care Complex
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that the letter from Dennis
Almost of Heritage Saint John submitting a copy of his letter to the Minister of Supply
and Services regarding Heritage Saint John's proposals to retain a small portion of the
Centracare complex in Saint John and implement a salvage strategy for the remainder,
and inviting Council's comments and support -- be received and filed.
Question being taken, the motion was carried.
* Added Item
The Mayor called for a motion to add to the agenda of this meeting item
25 from the Committee of the Whole agenda of this date on the matter of the Red Rose
Tea property.
On motion of Councillor Vincent
Seconded by Councillor Desmond
RESOLVED that the above-mentioned
be added to the agenda of this meeting for consideration as Item 20A.
Question being taken, the motion was carried.
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COMMON COUNCIL
SEPTEMBER 8, 1998
*20A. Red Rose Tea Site
Extension Of Option
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, further to Common Council resolution of August 10, 1998 amending
Article 1 of the Option Agreement pertaining to the Red Rose Tea building, Common
Council amend Article 1 of the Option Agreement pertaining to the Red Rose Tea
Building, such that it shall read: "The Option is exercisable by the Developer until, but
not after, 4:30 p.m. (A.DT), September 30, 1998, provided that prior to exercising: (A)
the Developer has, at its own expense, in hand and approved by the City, a
Development Plan consisting of conceptual plans and a construction schedule which
shall provide for the development of Parcel 1. The Development Plan must conform to
all municipal by-laws, building codes, and any other regulatory approvals required to
proceed with the Development Plan; (B) the Developer has, in hand, the financing
necessary to complete the Development Plan. (In the event that financing is not, in
hand, the sum of $5,000 paid hereunder shall be forfeited by the Developer); (C) the
Developer has, in hand, a Certificate of Appropriateness issued by the Preservation
Review Board of the City of Saint John; and (D) the Developer has, in hand, such
amendments to the Municipal Plan and Zoning By-Law of the City as are necessary for
the Development Plan.".
Question being taken, the motion was carried.
Adiournment
The Mayor declared the meeting adjourned.
Common Clerk