1998-10-19_Minutes
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COMMON COUNCIL
OCTOBER 19, 1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the nineteenth day of October, 1998, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Fitzpatrick, Titus, Trites, Vincent and White
- and -
Messrs. T. Totten, City Manager; J. Nugent, City Solicitor; A.
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; P. Woods, Deputy City Manager; J. C.
MacKinnon, Commissioner of Environment and Development
Services; P. Groody, Commissioner of Municipal Operations; W.
Butler, Commissioner of Community Services; J. Baird, Manager
of Community Planning; W. Edwards, Building Inspector; S.
Lodhi, Manager of Real Estate and Facility Management;; G.
Tait, Fire Chief; C. Cogswell, Chief of Police; A. Bodechon,
Deputy Chief of Police; Saint John Police Cpl. K. Phillips; Saint
John Police Cst. D. Oram; Mrs. M. Munford, Common Clerk; and
Ms. C. Mosher, Assistant Common Clerk.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order, and offered the opening
prayer.
The Mayor welcomed to the meeting members of the Saint John Rotary
Boys Choir, under the direction of Kevin Langford, who sang two songs,"O Canada" and
"In Flanders Fields".
2. Approval of Minutes
On motion of Councillor Titus
Seconded by Councillor Fitzpatrick
RESOLVED that minutes of the
meeting of Common Council, held on October 5, 1998, be approved.
Question being taken, the motion was carried.
3. Municipal Plan Amendment Re
Property At 899 Somerset Street
Public presentation was made of a proposed Municipal Plan amendment
to redesignate, on Schedule 2-A, the Future Land Use Plan, a parcel of land with an
area of approximately 62 acres, located at 899 Somerset Street (NBGIC Number
55144109 and a portion of NBGIC Number 415216), having frontages on Somerset
Street, Rope Walk Road, Millidge Avenue and Sussex Drive, from Medium Density
Residential to new Business Park zone, to permit re-zoning of the parcel of land from "P"
Park, "R-2" One- and Two-Family Residential, "RM-1" Three-Storey Multiple Residential
and "RM-2" High Rise Multiple Residential to new Business Park zone, and the
subsequent development of a business park, as requested by Somerset Investments
Ltd.
5. Mavor's Remarks
The Mayor recognized Carol Polley and Robert Neal of the Douglas
Avenue Christian Church who appeared before Council with regard to the Operation
Christmas Child project and invited and challenged Saint John residents to become
involved again this year in filling shoe boxes for children in orphanages, schools, refugee
camps and hospitals in Central America.
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Mayor McAlary extended condolences to the family of the late David
Ring, who passed away on October 17, and, on behalf of Councillor Desmond, thanked
members of the Saint John Ambulance Association for its recent ceremony in
recognition of the Saint John Salvage Corps and Fire Police. The Mayor proclaimed
October 25 to 31 as National Block Parent Week, October 18 to 25 as Foster Family
Week and the week of October 25 as Legacy Week in the City of Saint John. Councillor
Chase, Council's representative on the Fundy Region Solid Waste Commission,
commented on the successful conclusion of the Commission's pilot waste diversion
project in Champlain Heights and Lorneville and on the Commission's future plans in this
regard; and Councillor Ball noted the forthcoming conference on downtown and
waterfront development at the Saint John Trade and Convention Centre.
6. Re Concerns Of South
Central Citizens Council
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Mayor
McAlary advising that the South Central Citizens Council met with her to discuss issues
it would like to be addressed with respect to the Neighbourhood Plan, by-law
enforcement with respect to building inspections for minimum standards, variation of
building codes for older buildings, intersections in terms of flashing lights and stop signs,
and the condition of sidewalks -- be referred to the City Manager for a report to Council.
Question being taken, the motion was carried.
7. Re License Renewal For
Rockwood Park Horse Barn
Consideration was given to a report from the City Manager advising that,
further to Council's September 14, 1998 referral to the Rockwood Park Advisory Board
of a three-year renewal of the agreement for the operation of the Rockwood Park Horse
Barn; the Board passed a motion to the effect that the agreement should be clear that, in
the event the operator wishes to operate a Children's Farm, they may do so; also
advising staff supports, and the current Licensee has agreed with, the Board's
recommendation and the proposed agreement, as submitted, has been amended to
include item 32 which reads:- 32. The Licensor grants permission to the Licensee to
operate a Children's Petting Farm, if they so desire, within the site as outlined in
Schedule "A"; and recommending approval of the proposed license.
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, Common Council approve the submitted license to LHMD Adventures for
the Rockwood Park Horse Barn, and the Mayor and Common Clerk be authorized to
execute the agreement.
Question being taken, the motion was carried.
4. Saint John Board Of Police
Commissioners - Police Facilities
Edward W. Keyes, Chairman, and Anne Marie Mullin, Vice- Chairman, of
the Saint John Board of Police Commissioners, were present at the meeting for a
presentation with respect to Police facilities.
Mr. Keyes addressed Council on an issue, which he advised, the Board of
Police Commissioners had determined was the number one priority for the Saint John
Police Force - the need for a new Police headquarters facility; the construction of which
the Commission and the Force as a whole considered as long past due; and expressed
the view that, while there had been many major positive changes in the Force with some
still taking place today, the condition of the facilities prevented the Force from moving
towards where it needed to be. Mr. Keyes referenced the Perivale + Taylor report of
1996 in its provision to the Saint John Police Force of a blueprint for the organizational
changes necessary to realize the provision of a community police service and
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OCTOBER 19, 1998
establishment of the need for a properly designed and constructed headquarters facility;
and also advised of the Commission's view that the Police Department did not have the
presence in the community it needed to reinforce the premise of public safety as a
paramount importance and the Commission's intention for the Saint John Police Force to
have two levels of operating facility - (1) a headquarters facility to support the overall
framework of providing progressive community policing services and (2) community
police stations in key areas of the City that would meet the needs of the neighbourhoods
in which they were located. Mr. Keyes, in suggesting that the time was now to deal with
the issue of a new Police headquarters once and for all, apprised Council of a number of
problems with the current facility in (a) constituting a poor working environment having a
negative effect on morale; (b) not supporting the Force's operating philosophy of
community policing; and (c) not being safe for occupants - the employees,
witnesses/victims, and accused persons; and related objectives of a police headquarters
which, in the Commission's position, were not being met by the current facilities. Mr.
Keyes also referenced five previous studies done and commissioned by the City dealing
with a number of issues, including a needs analysis and space requirement, to compare
the current approximately 38,400 square feet of operating space which the Commission
would classify as poorly designed and laid-out and not functional, to the approximately
60,000 square feet of space which, in the Commission's view, would be needed for an
adequate headquarters facility; and further advised that the Commission and the Force
were satisfied that the Force's needs were considered within the results of those five
reports, realizing that there was a process that had to be followed in proceeding with a
project of this nature and recognizing that the significant commitment required for such
an undertaking would also require the commitment of the other two levels of
government, the latter commitment which the Commission would, once approval of the
project was received by Council, take the lead by approaching the Federal and
Provincial Governments to try to secure funding and also take the lead in overseeing
with the appropriate City staff the development of a new Police headquarters facility. Mr.
Keyes requested Council to adopt a resolution supporting the Police Commission's
initiative to have a new Police headquarters facility constructed and opened in the Year
2000 and that Council also authorize that monies be put aside in the 1999 Capital
Budget for the facility design and site selection phase of this project.
Mayor McAlary extended congratulations to Deputy Chief of Police A.
Bodechon, and Mr. Keyes advised that Mr. Bodechon would be officially sworn-in as
Deputy Chief on Thursday, October 22.
On motion of Councillor Chase
Seconded by Deputy Mayor Chase
RESOLVED that Council support the
Police Commission's initiative to have a new Police headquarters facility constructed and
opened in the Year 2000 and authorize that monies be put aside in the 1999 Capital
Budget for the facility design and site selection phase of this project.
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that the above matter be
referred to the City Manager and the budget process.
Councillor Fitzpatrick made the observation that, while he could not
imagine how anybody could argue with the Commission with regard to a new facility and
he realized the need for such a facility, Council was now going into the budget process,
and his reason for wanting the referral was to find out the cost for the site selection
phase and if it were ambitious to go for the Year 2000, in view of current monetary
restrictions and the space presently leased in the City Hall building for the Police.
Councillor Trites, in noting that the $8 to $10 million cost of a new facility was the City's
entire Capital Budget for a year, expressed the view that, in working toward making the
request for a new facility a reality, it had to be done within the confines of short- and
long-term budgetary planning, and also that passing a resolution such as that requested
would commit the City to spending the money, thus giving up any argument to the other
levels of government for assistance that would be needed. Mr. Keyes advised that the
reason for the two resolutions was that, from the Commission's point of view, if it found
support for the first resolution in general and if Council wanted to take out the Year 2000
from it, knowing it had the support of Council the Commission could go ahead and make
those approaches. Councillor Titus spoke in support of the referral motion; and
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OCTOBER 19, 1998
Councillor Court advised that he was hoping for two separate resolutions, rather than a
combined resolution, as it was important that the first step be taken to find a site and
have a design for a proposed new station and, although it might take five years to finally
get the project completed, it could be a Year 2000 project. Councillor Ball questioned
the cost for design and site selection on the basis that perhaps funding could be found to
get this project off the ground, and suggested that other monies for this project would be
after the Year 2000. The Mayor put forth the view that the Commission, in requesting
the first resolution, was asking for support to take this on as an initiative so that it could
determine if there was support from the other levels of government and move ahead in
having this facility built, although perhaps not by the Year 2000, and the second
resolution was for money to be put in the Capital Budget for site selection and design
completion; and a referral to City staff would not give any commitment to allow the Police
Commission to go ahead; thus she would like Council at least to give the Commission an
indication that it was supportive of a new Police station; and Deputy Mayor Chase and
Councillor Chase concurred with the Mayor's view in terms of Council's commitment to
get the process going so that, in principle at least, a Police station would be built.
Councillor Vincent commented on the basis that it would not be a viable process to, at
this time, give a commitment to a new Police station; and Councillor White, in supporting
the need for a stand-alone Police station, expressed concern about committing to dollars
at this time, although he did not have a problem discussing it during the budget process,
and advised that he would support a resolution in regard to the initiative of pursuing the
construction of a Police station, with the design and site study to be undertaken in the
first instance.
(Councillor Titus withdrew from the meeting during the above discussion.)
Question being taken, the referral motion was carried with the Mayor and
Councillors Chase, Court and White voting "nay".
(Councillor Titus re-entered the meeting.)
8. Tree Fund CampaiQn
On motion of Councillor Vincent
Seconded by Councillor White
RESOLVED that the report from the City
Manager advising that, as a result of contributions from members of CUPE Local 18 and
IAFF Local 771, through their undertaking of a "Tree Fund Campaign" to assist the City
in replacing a number of damaged street trees following the ice storm of 1998, the City
recently received a cheque in the amount of $655.05; and recommending that Common
Council acknowledge the efforts of both Unions and forward a letter of thanks to the
President of both Local 18 and Local 771, be received and filed and the
recommendation adopted.
Question being taken, the motion was carried.
9. FCM Resolutions
Read a report from the City Manager recommending Council's approval
for the submitted resolutions with regard to (1) tax deductibility for campaign donations,
and (2) national health care funding, for submission to the Federation of Canadian
Municipalities National Board of Directors for debate at the December 5 meeting.
The Mayor noted that the City Manager had provided revised resolutions
to Council (copies of which were distributed to Council members earlier this date).
On motion of Councillor Vincent
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, the following resolutions be approved for submission to the Federation of
Canadian Municipalities National Board of Directors for debate at the December 5, 1998
meeting:
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OCTOBER 19, 1998
WHEREAS encouraging citizens to become candidates for public office is
essential for a healthy democracy and is generally conducive to the public good; and
WHEREAS the campaign costs personally incurred by candidates offering for
public office at the municipal level can be substantial; and
WHEREAS candidates must of necessity rely on campaign contributions from
ordinary citizens in order to defray the costs of offering for public office; and
WHEREAS contributions to federal and provincial campaigns are eligible for a
tax credit and contributions in support of municipal candidates are not eligible for a tax
credit under the provisions of the Income Tax Act; and
WHEREAS contrary to the public good, this limitation acts as a real financial
deterrent for those citizens considering a candidacy for public office as well as those
citizens desirous of making a campaign contribution:
BE IT THEREFORE RESOLVED that the FCM petition the Government of
Canada to amend the Income Tax Act to permit a tax credit for campaign contributions
made to candidates for municipal office.
2. WHEREAS a universal, comprehensive, portable, accessible and publicly
administered health care system is a fundamental necessity in a modern community;
and
WHEREAS adequate funding is essential to maintaining the integrity of a national
health care system, available at the local level, based on the basic tenets of the Canada
Health Act; and
WHEREAS reductions in the Canada health and social transfer payments to the
provinces, in support of health care delivery, have impaired the ability of provinces to
deliver the level of quality health care deemed essential by residents of our communities;
and
WHEREAS a lack of adequate health care at the local level adversely impacts
the safety and quality of life enjoyed by our citizens and thus the well being of our
communities:
BE IT THEREFORE RESOLVED that the FCM petition the Government of
Canada to immediately reinstate transfer payments to the provinces, to a level sufficient
to fully sustain and advance the delivery of quality health care, at the local level, as
contemplated in the five basic tenets of the Canada Health Act.
Question being taken, the motion was carried.
10. HIP Applications #74. #75. #50. #20
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the report from the City
Manager advising of Housing Incentive Program applications #74 and #75, as well as
the reasons for a request from the applicant for HIP #75 to cancel an earlier HIP
application #50, and the reasons for recommending denial of a time extension or a
partial payment for HIP #20 with respect to Walter Vincent's development on Woodward
Avenue; and recommending that Common Council: (1) approve the following Housing
Incentive Program applications: HIP #74 - Eastcan Trading Limited for an estimated
grant of $114,000 for a development in the Meadowland Subdivision, and HIP #75 -
051833 NB Ltd. (David Maxwell) for an estimated grant of $110,000 for a development
at Mahogany Place; (2) cancel approval for HIP #50, as requested by the applicant in
the HIP #75 application; and (3) decline to approve a time extension or a partial payment
for HIP #20 -- be received and filed and the recommendation adopted.
(Councillor Fitzpatrick withdrew from the meeting.)
Question being taken, the motion was carried.
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OCTOBER 19, 1998
11. Re Saint John Sports Hall of Fame
Consideration was given to a report from the City Manager addressing a
presentation in Committee of the Whole on August 24, 1998 by the Board of Governors
of the Saint John Sports Hall of Fame requesting an amendment to its Rules and
Regulations; setting out the current wording of this Article, as well as the proposed
wording which would, as suggested by staff, remove reference to the Commissioner of
Finance and replace it with Common Council; also advising that, although the change
brings with it stronger implications that a grant from the City would be part of the ongoing
finances of the event, it would still be within Council's prerogative to deny a grant in any
year as it sees appropriate; and recommending approval of the proposed amendment.
On motion of Councillor Vincent
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, Common Council approve the following amendment to the Rules and
Regulations of the Saint John Sports Hall of Fame, with regard to the wording of Article
6.2 as follows: "The City will be liable for any actual operating loss incurred in a fiscal
year that exceeds the grant revenue and fund raising efforts of the Management
Committee. The Board of Governors shall, prior to commencement of nominations for
candidates, provide a detailed projected budget to Common Council for approval. The
approval of the Council is required before the Management Committee proceeds. The
Board of Governors shall present a financial statement to Common Council within 90
days after the induction ceremony. ".
Question being taken, the motion was carried.
12. Brunswick Square RefinancinQ
Read a report from the City Manager advising that the City and the
Parking Commission have been requested to sign the submitted Notice of Leasehold
Mortgage by Montrose Mortgage Corporation, the Company that recently refinanced the
Brunswick Square Complex for Brunswick Square Limited, as the leasehold interest in
the parking garage was included as part of the recent refinancing; also advising that all
documentation relative to this matter has been reviewed by the City Solicitor who is in
agreement with the recommendation to sign the submitted Notice subject to the
continuation of the existing practice whereby Brunswick Square Limited makes it lease
payments directly to the City.
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the Mayor and Common Clerk be authorized to execute the submitted
Notice of Leasehold Mortgage with the provision to be added that the City's commitment
to give notice of default by Brunswick Square Limited and the right of Montrose
Mortgage Corporation Ltd. to cure such default, are contingent upon the continuation of
the existing practice whereby Brunswick Square Limited makes its lease payments for
the parking garage directly to the City.
Question being taken, the motion was carried.
13. Re Request To Use
DesiQn From City's Seal
Consideration was given to a report from the City Solicitor further to the
October 5, 1998 request from Richard Smith of Design/Etch for permission to etch the
"City arms" onto drinking glasses which he would sell; advising that the image to which
Mr. Smith refers appears to be the design which is imprinted on the City's Common Seal;
and expressing the view that it is within Council's authority to determine whether to allow
another person to reproduce this design; however, Common Council must be vigilant to
ensure that, if such permission is given, the design will not be used for the purpose of
identifying any entity other than the City of Saint John, and also that Common Council
may establish terms and conditions attached to the granting of permission, including any
fee to be charged.
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OCTOBER 19, 1998
Councillor Vincent proposed a motion, which was seconded by Deputy
Mayor Chase, that the right to use the City's Seal be denied for the purpose intended
and a suggestion perhaps of some other logo that would be suitable for the user's
intention be considered.
(Councillor Fitzpatrick re-entered the meeting.)
At Councillor Trites' suggestion, the mover and seconder of the proposed
motion agreed to add to the motion to receive and file the City Solicitor's report.
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the City Solicitor's
report on a request to use the design of the City's Seal be received and filed, and
Council decline to allow for the use of the City's Seal, and suggest that Design/Etch used
another logo, such as the Loyalist Man symbol.
Question being taken, the motion was carried.
(Councillor Fitzpatrick withdrew from the meeting, as he was not present
for the October 5, 1998 public hearings with regard to the proposed re-zoning of property
at 276 Somerset Street, and the northern branch of Rope Walk Road.)
14. Zoning By-Law Amendment
To Re-Zone 276 Somerset Street
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-479 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning a property known as 276 Somerset Street
(NBGIC Numbers 46235 and 46342), containing approximately130 metres (427 feet)
along Thornbrough Street and 95 metres (311 feet) along Somerset Street and having
an area of approximately 1.38 hectares (3.4 acres), from "R-2" One- and Two-Family
Residential to "US" Utility and Service 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 a condition limiting the use of the property to an
electric substation and related facilities.
The by-law entitled, "By-Law Number C.P. 100-479 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.
15. Zoning By-Law Amendment To Re-Zone
The Northern Branch Of Rope Walk Road
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-
Law Number C.P.100-480 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning 2,905 square metres (31,270 square feet) of land,
being the northern branch of Rope Walk Road, from unzoned land to "1-1" Light
Industrial classification, be read a third time and enacted and the Corporate Common
Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P.100-480 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.
(Councillor Fitzpatrick re-entered the meeting.)
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16. Committee Of The Whole Report
Read the report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on Monday, October 5, 1998, when
there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase,
Court, Desmond, Titus, Trites, Vincent and White, and your Committee submits the
following recommendation, namely:
1. That the City advise 046098 N.B. Inc. (Saint John Y's Men Club) to cease
occupation of the Lily Lake Pavilion effective December 31, 1998, and to remove all
property belonging to it by January 31, 1999, subject to conditions as may be imposed
by the Building Inspector.
October 19, 1998,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
16.1. Lily Lake Pavilion - Y's Men
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
17. Planning Advisory Committee - Municipal Plan
Amendment. Re-ZoninQ 1245 Loch Lomond Road
Consideration was given to a report from the Planning Advisory
Committee regarding 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, for which the public hearing was held on June 1, 1998 at
which time Council tabled the application for a full recommendation from the Committee;
submitting a copy of Planning staff's report considered at the Committee's October 13
meeting at which Rick Turner, on behalf of the applicant, expressed agreement with the
suggested conditions contained on pages 3-4 of the staff report; and recommending that
Common Council (1) amend Schedule 2-A and Section 2.4.7.15 of the Municipal
Development Plan by redesignating from Low Density Residential to Light Industrial, 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 2.4 hectares (5.9 acres), being portions of NBGIC
Numbers 426460 and 434548; and (2) re-zone the same parcel of land from "RS-2"
One- and Two-Family Suburban Residential to "1-1" Light Industrial 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 a contractor's yard and repair
facility; (b) the floor area of all buildings on the site is restricted to a maximum of 375
square metres; (c) the contractor's yard and building(s) must be screened from
neighbouring lands to the south and west by means of a combination of fences, hedges
and trees, in accordance with a detailed site plan to be prepared by the proponent and
subject to the approval of the Development Officer; (d) the site plan mentioned in
condition (c) above must be submitted for approval no later than January 31, 1999, and
the work shown on the site plan must be completed no later than October 31, 1999; (e)
the proponent must relocate the access driveway from Loch Lomond Road to the
contractor's yard and repair facility in accordance with the applicant's proposal no later
than October 31, 1999; and (f) the proponent must pave with asphalt the access
driveway mentioned in condition (e) above for the first 30 metres (100 feet) north from
Loch Lomond Road no later than October 31, 1999.
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COMMON COUNCIL
OCTOBER 19, 1998
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-Law", by amending Schedule 2-A and Section
2.4.7.15 by redesignating 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 2.4 hectares (5.9 acres), being portions of NBGIC
Numbers 426460 and 434548; from Low Density Residential to Light Industrial, as an
Approved Exception, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-Law", by amending Schedule 2-A and Section
2.4.7.15 by redesignating 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 2.4 hectares (5.9 acres), being portions of NBGIC
Numbers 426460 and 434548; from Low Density Residential to Light Industrial, as an
Approved Exception, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land
located at 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 2.4
hectares (5.9 acres), being portions of NBGIC Numbers 426460 and 434548; from "RS-
2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification,
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 Councillor Court
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land
located at 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 2.4
hectares (5.9 acres), being portions of NBGIC Numbers 426460 and 434548; from "RS-
2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification,
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.
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COMMON COUNCIL
OCTOBER 19, 1998
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the above report from
the Planning Advisory Committee be received and filed.
Question being taken, the motion was carried.
18. Planning Advisory Committee
Permitted SiQn HeiQht ReQulations
Consideration was given to a report from the Planning Advisory
Committee advising of its consideration of an application by Irving Oil Limited for a
variance to permit a 70-high foot sign at its Fairville Boulevard retail location, similar to
an existing sign located adjacent to the Trans-Canada Highway near Salisbury, N.B.,
and almost twice as high as normally permitted by the City's Zoning By-Law, and the
Committee's agreement that approval of a variance to permit this sign could set a
precedent for other similar applications in the City and that the method of dealing with
such proposals should not be by way of individual variance applications as these signs
could have a significant impact on the wider community and, consequently, there should
be a conscious policy decision by Common Council as to whether or not these extra-
high signs should be permitted; and recommending that, if Common Council wishes to
examine the issue of permitted sign height in more detail, the matter be referred to staff
for a comprehensive report concerning the existing regulations and possible
amendments.
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the issue of permitted sign
height be referred to the City Manager for a comprehensive report concerning existing
regulations and possible amendments.
Question being taken, the motion was carried.
(Councillor Vincent withdrew from the meeting.)
19.The Boys & Girls Club Of Saint John Inc.
Request For Funds For PlaVQround Unit
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the letter from The Boys &
Girls Club of Saint John Inc. in application for $12,674 in funds from the Land for Public
Purposes trust, the Club having secured matching funds to be used for the purchase and
installation of a playground unit for preschoolers; and submitting a copy of quotations
from Little Tykes, Fundy Fencing Ltd. and LaFarge, as well as a financial statement in
this regard -- be referred to the City Manager.
Question being taken, the motion was carried.
20. Property Maintenance Ltd -
ParkinQ On Candlewood Lane
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from
Property Maintenance Ltd., owner of the common property (known as the "trustee
lands") in the townhouse development off University Avenue, opposite the Gorman
Arena, originally called Huntington Estates, requesting a by-law ban on parking on either
side of Candlewood Lane, and that appropriate signs be erected stating this -- be
referred to the City Manager.
(Councillor Vincent re-entered the meeting.)
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OCTOBER 19, 1998
Question being taken, the motion was carried.
21. Saint John Seafarer's Mission
Beautification Of 92 Fred Miller Way
On motion of Councillor White
Seconded by Councillor Vincent
RESOLVED that the letter from the Saint
John Seafarer's Mission advising of the beautification of its property at 92 Fred Miller
Way to blend in with the City-maintained grounds at Tilley Square, and of its recognition
of the many positive acts and attitudes the City undertakes on all its citizens' behalf; and
pledging its support for positive progress -- be received and filed with appreciation.
Mr. Totten confirmed Tilley Lane as the name of the street in question,
and that, while signs indicating the street name as Fred Miller Way were put up by City
staff, Council's approval for a name change had not been received and these signs,
which were put up by City staff, were taken down.
Question being taken, the motion was carried.
22. Lloyd Parker - Re-Zoning
Of 82-84 Lansdowne Avenue
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the application of Lloyd
Parker for the re-zoning of property at 82-84 Lansdowne Avenue be referred to the
Planning Advisory Committee for a report and recommendation and the necessary
advertising be authorized in this regard, with the public hearing to be held on Monday,
November 30, 1998, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
(Councillor Titus withdrew from the meeting.)
23. Malcolm Peters - Re-Zoning
Of Property 270 Proud Road
On motion of Deputy Mayor Chase
Seconded by Councillor Ball
RESOLVED that the application of Malcolm
Peters for the re-zoning of property at 270 Proud Road be referred to the Planning
Advisory Committee for a report and recommendation and the necessary advertising be
authorized in this regard, with the public hearing to be held on Monday, November 30,
1998, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
Adiournment
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that this meeting be adjourned
and a Committee of the Whole meeting of Council be held.
Question being taken, the motion was carried.
Common Clerk