1999-04-19_Minutes
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At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the nineteenth day of April, AD., 1999, 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. T. 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; S. Galbraith, Director of
Works; J. Baird, Manager of Community Planning; W. Edwards,
Building Inspector; D. Logan, Purchasing Agent; G. Tait, Fire
Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common
Clerk; and Mrs. J. Ferrar, Secretary.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order and Reverend Tim Davidson
of Saint John Foursquare Gospel Church offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that minutes of the meeting of
Common Council, held on April 12, 1999, be approved.
Question being taken, the motion was carried.
2A. Mavor's Remarks
Mayor McAlary proclaimed May 1 - 31, 1999 as Salvation Army month in
the City of Saint John.
3(a) Municipal Plan Amendment
Parts One. Two and Nine
The Common Clerk advised that the necessary advertising was
completed with regard to proposed Municipal Plan amendments to Parts One, Two and
Nine as suggested by the Province to comply with the terminology of the Community
Planning Act, or to avoid the potential of possible confusion or misinterpretation, as
requested by the City of Saint John; and no written objections were received in this
regard.
{Q}
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
April 7, 1999 meeting at which no presentations or letters were received by the
Committee; and recommending that the Municipal Plan be amended as follows: (1)
Delete the references to "Secondary Plans" by deleting the term "secondary", and
replacing with "neighbourhood" where appropriate, in the following sections: PART ONE
Section 1.4, Sub-Section 1.5.3, Sub-Section 1.5.4; PART TWO Sub-Section 2.3.1, Sub-
Section 2.3.4, Sub-Section 2.4.1.2 (d), Sub-Section 2.4.7.19(b), Sub-Section 2.4.9, Sub-
Section 2.4.10.6, Schedule 2-A: notes; PART NINE Schedule 9-A: notes; (2) In PART
ONE Sub-Section 1.5.2: Delete "...the policies and schedules are not to be considered
rigid. Rather, they should adjust to different rates of change". Replace with "...the
policies and schedules should be reviewed from time to time and appropriate
amendments made to the plan"; (3) In PART TWO, when referring to site-specific
approvals, delete the term "Approved Exception" and replace with: (a) in Sub-Section
2.4.4.14, "Approved Rural Residential Developments"; (b) in Sub-Section 2.4.6.28,
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"Approved Commercial Developments"; (c) in Sub-Section 2.4.7.11, "Approved Heavy
Industrial Developments"; (d) in Sub-Section 2.4.7.15, "Approved Light Industrial
Developments"; (e) in Sub-Section 2.4.7.20, "Approved Low Density Residential
Developments"; (f) in Sub-Section 2.4.9.6, "Approved Community Facility
Developments"; (g) on Map Illustration Legends for "Service Corridor Land Use", Heavy
Industrial Areas", Light Industrial Areas", and on Schedules 2-A, 2-C, replace with
"Approved Developments"; (4) In PART TWO, each of the various map illustrations
found throughout the chapters is to have a note included reading: "This map is for
illustration only. See the official Future Land Use Plans, Schedules 2-A, 2-B, and 2-C at
the end of the chapter"; (5) In PART TWO Sub-Sections 2.4.3.1.(1)(b) and 2.4.3.2:
Delete "Commission" and replace with "Council"; (6) Title of PART NINE: change the
title, wherever it occurs, from "Implementation" to "Sequence of Development"; (7) in
PART NINE Sub-Section 9.1.2.10.(1): Delete "Planning Advisory Committee" and
replace with "Council"; and (8) in PART NINE Sub-Section 9.2.
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-law", by amending Parts One, Two and Nine, as
recommended by the Planning Advisory Committee, be a 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 Ball
Seconded by Councillor Fitzpatrick
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-law", by amending Parts One, Two and Nine, as
recommended by the Planning Advisory Committee, be a 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".
4(a) Municipal Plan Amendment
(b) 945 Old Black River 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, the Future Land Use Plan and Section 2.4.7.15, a parcel of land with an
area of approximately 1.3 acres, located at 945 Old Black River Road, (NBGIC Numbers
55093330 and 340042) from Low Density Residential to Light Industrial classification; (b)
a proposed Zoning By-law text amendment to add the following to the list of zones in
Section 30(1): "special zones SZ#1" and add uses and zone standards for Special Zone
#1 (SZ#1); and (c) the proposed re-zoning of the same parcel of land from "RS-2M" One
and Two Family and Mobile Home Suburban Residential to "SZ#1" Special Zone #1
classification, to permit the continued operation of a welding school, as requested by
Eastside Welding (1994) Ltd.; 4(d) letters in favour of the proposal were received from
Mrs. Lois Lunchi, Carolyn M. Burns, Judy Beyea, J.M. Burns, Robert and Joan Cole,
Anne and Stephen Richards, Miss Miranda Berryman, Mrs. Helena Berryman, Donald J.
Berryman, Gary Berryman, Dawn Gavel, Lee McNeill, Lana and Richard Lagace, Daniel
and Theresa McNeill; Industrial Union of Marine and Shipbuilding Workers of Canada -
Local No.3; and Eric L. Teed, on behalf of the applicant; and a one hundred and twenty-
six name petition; 4(e) letters in objection to the proposed amendments were received
from Horst Sauerteig, George Buckley; and a sixty-nine name petition.
(c)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report at which Mr. Malcolm Burns, a
resident of 17 Cottage Road, addressed the Committee on behalf of the applicant noting
that all of the residents within 300 feet of the property have provided letters in support of
the application and requested that the Committee recommend approval of the proposed
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amendments indicating the applicant would have no objection to the imposition of
conditions similar to those that were imposed by the Committee in 1998 on the
temporary use application, with the only exception being the applicant would prefer to
have the ability to store and cut the large sheets of metal outside and to the rear of the
building; Lee McNeill, of 308 Cottage Road, Karen Smith, the mother of a student at the
welding school, Heather Magee, whose daughter is cared for by Mrs. McNeill, and
Angelo Knappic, all being neighbouring property owners, spoke in favour of the
application; no individuals in opposition to the proposal were present, letters in favour of
the application were received from Wilhelimna Knappic, Angelo Knappic, Pascal
Knappic, and Eric L. Teed, one letter expressing concerns was received from Horst
Sauerteig, and a sixty-nine name petition against the proposal, as submitted, was
received by the Committee; and recommends that Common Council (a) amend
Schedule 2-A, the Future Land Use Plan, and Section 2.4.7.15 of the Municipal
Development Plan by redesignating a parcel of land with an area of approximately 1.3
acres, located at 945 Old Black River Road (NBGIC Numbers 55093330 and 340042)
from Low Density Residential to Light Industrial, as an Approved Light Industrial
Development; (b) amend the Zoning By-law to (1) add the following to the list of zones in
Section 30(1): "special zones SZ#1" and add uses and zone standards for Special Zone
#1 (SZ#!); (2) add the following as Section 740(1):
"740 SPECIAL ZONES
(1) Special Zone #1 (SZ#1)
(a) Uses
Any land, building or structure may be used for the purposes of, and for no other
purpose than,
(i) the following uses:
a welding trade school;
a one-family or two-family dwelling;
subject to Section 810(3), a home occupation;
(ii) subject to Section 830, an accessory building, structure or use, incidental
to a use, building or structure permitted in this zone.
(b) Zone Standards
(i) Except as provided for in (ii) below, standards for development in Special
Zone #1 shall be as set out in Section 121(2), and Section 810 to 910
where this zone shall be considered an "RS-2M" zone, an "RS" zone, an
"R" zone, or a residential zone, as the case may be.
(ii) Notwithstanding Section 820(2), no more than one dwelling and no more
than two main buildings may be placed on the lot";
and (c) re-zone the same parcel of land from "RS-2M" One and Two Family and Mobile
Home Suburban Residential to "SZ #1" Special Zone #1 subject to a resolution pursuant
to Section 39 of the Community Planning Act setting out the following conditions: (a)
the non-residential use of the site is restricted to a welding school with a maximum limit
of 20 students at anyone time; (b) no commercial welding, including welding repairs of
equipment or manufacturing of equipment, is permitted; (c) the property must be
developed and maintained in accordance with a detailed site plan, to be prepared by the
proponent and subject to the approval of the Development Officer, indicating the
building, parking area, driveway, buffer and landscaped areas; (d) the applicant must
construct and maintain a landscaped buffer between the building and the neighbouring
residential properties as required by the Development Officer and illustrated on the site
plan mentioned in condition (c); (e) no outside activity is permitted in conjunction with the
welding school, other than: i) staff and student parking; and ii) the cutting of steel prior to
being utilized in the operation of the school, such activity to occur only within a
designated compound area, which must be enclosed by a board-on-board fence; (f) no
additional buildings and no expansion of the existing building is permitted; (g) the hours
of operation of the welding school are restricted to 7 a.m. to 10 p.m., Monday to Friday.
Leanne Dow-Campbell, of 601 Old Black River Road, spoke in opposition
to the proposed re-zoning stating if the proposal is approved it will be difficult to stop
similar requests citing several businesses awaiting the outcome of the proposal; advising
boundaries were set for the McAllister Industrial Park by the Province, and the City
promised the residents of Old Black River Road and Cottage Road there would be no
further industrial development beyond this boundary, and 945 Old Black River Road is
beyond this zone. Mrs. Dow-Campbell expressed concern regarding the present septic
system which was previously connected to a trailer on the site; an increase in traffic is
expected noting Old Black River Road has never been resurfaced since the jail was
built; ditches are in poor condition with some residents digging their own to avoid
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flooding because of new construction in the area; and stated people are hesitant to build
homes in the area due to the potential of industrial development. Mrs. Dow-Campbell
noted a sixty-seven name petition as well as letters of opposition were previously
submitted to the Planning Advisory Committee.
Mr. RJ. Mitchell, of 178 MacLaren Boulevard, through a sign language
interpreter, addressed Council in support of the proposed re-zoning advising he was a
student of the welding school and expressed his thanks to Shane Berryman for the
training; noting there are other deaf individuals who would like to receive similar training
and, if the school is allowed to remain open, Mr. Berryman may employ him as a teacher
for deaf students.
Mr. Malcolm Burns, a resident of 17 Cottage Road, addressed Council in
support of the proposed amendment to the Municipal Plan and the proposed special
zone which recognizes the primary use as residential and the secondary use as an
occupational school; advising there are no privately owned occupational schools located
in the Industrial Parks and the school is presently registered with the Department of
Education which will be cancelled if the proposed re-zoning is not approved. Mr. Burns,
referring to staff's report to the Planning Advisory Committee, stated that a special zone
is more restrictive than an industrial zone with respect to the range of uses permitted
and standards for the proposed special zone (i.e. lot area, yards, signs, etc.) are the
same as those for the existing "RS-2M" zoning of the property; advising that a one
hundred and twenty name petition as well as numerous letters were previously
submitted to the Planning Advisory Committee; copies of a topographical map of the
area and a certificate of water potability analysis, completed by SGS Canada Inc. on
November 9, 1998, were distributed to Council members verifying the water meets the
bacteriological requirements of the 1995 Canadian Water Quality guidelines. Mr. Burns
advised that a number of companies from across Canada and the United States have
used the school to test and certify welders.
Karen Mitchell, of 178 MacLaren Boulevard, addressed Council
expressing support for the re-zoning stating her son, RJ. Mitchell, who spoke previously,
has done very well at the school and will hopefully secure employment at the facility; and
asked Council members to support the proposal.
Lee McNeill, of 308 Cottage Road, spoke in support of the proposal
advising her parents, Mrs. & Mrs. Donald Berryman, reside at 945 Old Black River Road;
stating the school is a business which provides her brother and his family with a source
of income; noting the community has become divided over the issue due to the
misinterpretation of information with some residents still remaining concerned with
regard to the Light Industrial zoning. Ms. McNeill submitted a map to Council members,
which indicated by colour, (green - neutral, red - have a problem with the zoning, yellow -
support the proposal) and asked for Council's support in the re-zoning.
Mrs. Carolyn Burns, of 17 Cottage Road, addressed Council and
explained how Eastside Welding (1994) Ltd. has grown over the years with Mr.
Berryman acquiring a license to teach welding in 1993, and in 1994 after forming a
Limited Company, registered the school with the Province. Mrs. Burns referred to a one
hundred and twenty name petition and letters of support, as submitted, noting some
owners of businesses in the McAllister Industrial Park also support the application.
Maretta Richards, a resident at 965 Old Black River Road, expressed
support for the re-zoning application stating she has resided next door to the subject
property for the past five years and has never had any problem with noise or traffic and
supports the school.
Eric L. Teed, representing the applicant, advised Council that Mr.
Berryman is willing to do whatever may be required in order to maintain the school at its
present location and agrees with the recommendations of the Planning Advisory
Committee, as submitted. In addressing Council Mr. Teed expressed concern regarding
potential contracts the applicant has to train welders and stated although Mr. Berryman
has property in Queens County, it is not feasible for him to relocate there. In referring to
a letter, as submitted, from the Industrial Union of Marine and Shipbuilding Workers of
Canada - Local 3, Mr. Teed apprised Council they are very happy with the service and
instruction given to students attending the school and would not hesitate to send any of
their members to Mr. Berryman for upgrading or training.
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Susan Morrisey, a resident at 7 Cottage Road, stated her husband has
been a welder for twenty-four years and if it were not for a trade school, where he
received his training, he might be unemployed and referred to the Dry Dock where a
large number of welders were employed; advising she moved into the neighbourhood
knowing it was zoned industrial and accepted it. Mrs. Morrisey stated the welding school
has never caused her any problems and she feels it will be beneficial to the City of Saint
John.
4(a)
On motion of Deputy Mayor Chase
Seconded by Councillor Chase
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future
Land Use Plan, and Section 2.4.7.17 of the Municipal Development Plan, a parcel of
land with an area of approximately 1.3 acres, being civic number 945 Old Black River
Road (NBGIC Numbers 55093330 and 340042), from Low Density Residential to Light
Industrial, as an Approved Light Industrial Development classification, be read a first
time.
Mayor McAlary asked if the zoning would revert back to its original zone if
the school should close at some time in the future, to which Mr. Baird advised it would
not revert, but the only valid uses permitted in this special zone would be the residence
or a welding school operating under a different corporate format; no other type of
business would be permitted without an amendment to the zone. Councillor Chase
advised his concerns regarding sewage and traffic in the area have been answered and
cannot see any reason why the application should be denied; referring to the condition of
the Old Black River Road and ditches in the area, as mentioned previously by Mrs. Dow-
Campbell, Councillor Court expressed the desire to have this examined and taken into
consideration when doing this type of work. Councillor Trites spoke in support of the
proposal noting the objection heard earlier in the meeting was not to the school, but
rather to the spot zoning; Councillor Ball also expressed support for the proposal as well
as Councillor Titus. In response to a question raised by Councillor Fitzpatrick regarding
where the school would be permitted to locate other than at its present site; Mr. Baird
advised it could be in a Standard Light Industrial Zone; Councillor Fitzpatrick stated he
would not be supporting the motion because, in his opinion, we must also protect the
people who do not want the re-zoning. Councillor Vincent stated he will be supporting
the proposal after discussions with staff advising that when a property is re-zoned, and
an individual is lawfully undertaking the use, Council may have just cause for reverting
the zoning, but at that point the applicant may have non conforming use status and
reverting the zoning does not put an end to the use.
Question being taken, the motion was carried with Councillors Desmond
and Fitzpatrick voting "nay".
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Deputy Mayor Chase
Seconded by Councillor White
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future
Land Use Plan, and Section 2.4.7.17 of the Municipal Development Plan, a parcel of
land with an area of approximately 1.3 acres, being civic number 945 Old Black River
Road (NBGIC Numbers 55093330 and 340042), from Low Density Residential to Light
Industrial, as an Approved Light Industrial Development classification, be read a second
time.
Question being taken, the motion was carried with Councillors Desmond
and Fitzpatrick voting "nay".
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
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4(b)
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, by (1) adding the following to the list of zones in
Section 30(1): "special zones SZ#1 as Section 740(1)"; (2) adding uses and zone
standards for Special Zone #1 (SZ#1); and (3) re-zoning a parcel of land with an area of
approximately 1.3 acres, being civic number 945 Old Black River Road (NBGIC
Numbers 55093330 and 340042), from "RS-2M" One and Two Family and Mobile Home
Suburban Residential to "SZ#1" Special Zone #1, 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 Councillors Desmond
and Fitzpatrick 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#1 as Section 740(1)"; (2) adding uses and zone
standards for Special Zone #1 (SZ#1); and (3) re-zoning a parcel of land with an area of
approximately 1.3 acres, being civic number 945 Old Black River Road (NBGIC
Numbers 55093330 and 340042), from "RS-2M" One and Two Family and Mobile Home
Suburban Residential to "SZ#!" Special Zone #1, 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 with Councillors Desmond
and Fitzpatrick 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 Trites
Seconded by Councillor White
RESOLVED that the correspondence
regarding the above-proposed amendments be received and filed.
Question being taken, the motion was carried.
5(a) Zoning By-law Amendment To
Re-zone 33 MaQazine Street
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 33
Magazine Street, having an area of approximately 4879 square metres (52,519 square
feet) (being a portion of NBGIC Number 00024471), from "RM-2" High Rise Multiple
Residential to "IL-1" Neighbourhood Institutional classification, to permit the construction
of a church, as requested by Carleton Congregation of Jehovah's Witnesses; and no
letters were received in this regard.
{Q}
Consideration was given to the report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
April 7, 1999 meeting at which Mr. Richard Northrup appeared expressing support for
the staff recommendation, but did ask for clarification of the landscaping for the
undisturbed and rocky areas of the site; Ms. Norma Goggan of 46 Montgomery Crescent
expressed concern regarding increased traffic suggesting the access onto Webster
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Street be removed; Mr. Stephen Kincade also appeared expressing general support for
the project, but suggested the parking area be further back from Magazine Street. The
applicant indicated that the siting of the proposed building and associated parking area
and driveways were based upon a geotechnical investigation by Fundy Engineering &
Consulting Limited, and to deviate from the consultant's design would be cost prohibitive;
elimination of the second driveway would limit the usability of the parking lot. The
Committee granted the necessary landscaping variances relating to the application; and
recommending that Common Council re-zone a parcel of land located at 33 Magazine
Street, having an area of approximately 4879 square metres (52,519 square feet) (being
a portion of NBGIC Number 00024471), from "RM-2" High Rise Multiple Residential to
"IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to
Section 39 of the Community Planning Act that would require the following: (a) the
parking area and driveways be developed with an asphalt surface enclosed with
continuous concrete curbing; (b) public utilities be provided underground; (c) adequate
site drainage facilities, including catch basin(s) connected to the City storm sewer
system, be provided in accordance with a detailed drainage plan, subject to the approval
of the Chief City Engineer; (d) all disturbed areas of the site not occupied by buildings,
structures, parking, and driveways must be landscaped and maintained, including the
area between the subject property and the existing sidewalk within the public street
rights-of-way; and (e) all required work must be completed to the satisfaction of the
Development Officer and Chief City Engineer within one (1) year from the issuance of
the building permit.
Mr. John McKenzie addressed Council stating he was not opposed to the
development but area residents are concerned about the following issues; will it have
any effect on drainage in the area for those residents who live below the proposed
development; what precautions should be taken by the residents with regard to possible
blasting for the development; and residents would prefer to have parking on only one
side of Montgomery Crescent and Webster Street. Mr. McKenzie, in referring to the
proposed entrance and exit, stated a more suitable location for these would be on
Magazine Street.
Mr. Richard Northrup addressed Council on behalf of the applicant
expressing support for the staff recommendation and advised a survey was done in the
area informing residents of the proposed development. Mr. Northrup noted they have no
problem with not being permitted to park on both sides of Montgomery Crescent or
Webster Street; but advised they do require an entrance coming off Webster Street onto
the property in order to accommodate thirty parking spaces. It is proposed by the
applicant to drop the rock, on the site, three to four feet leaving a mound where the
structure will be built with the parking on the lower elevation; Fundy Engineering has
completed a soil evaluation; Gulf Operators and QM Construction have been consulted
with regard to the possibility of blasting; and catch basins will be installed on the site to
help alleviate the potential of any drainage problems.
Mayor McAlary questioned when would construction begin, if approval is
received, and if there would be any work done on Sunday, to which Mr. Northrup
advised no date has been set yet but when construction does begin there would be one
Sunday when a number of local trades people would come to the site completing 90% of
the structure, and possibly local residents may find it disruptive. Councillor Court
suggested a sign be placed on Webster Street warning people of the entrance to the
facility due to the potential of a traffic problem.
On motion of Councillor Court
Seconded by Councillor Ball
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 33 Magazine Street, having an area of approximately 0.58 hectares (1.44
acres) (NBGIC Number 00024471), from "RM-2" High Rise Multiple Residential to "IL-1"
Neighbourhood Institutional classification, pursuant to Section 39 of the Community
Planning Act as recommended by the Planning Advisory Committee, be read a first time.
Mr. Baird advised with the installation of catch basins on the site it is
anticipated that surface water drainage should be reduced; and advised to limit the
development to one driveway would make it very difficult to maneuver vehicles.
(Councillor Trites withdrew from the meeting.)
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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 Court
Seconded by Councillor Vincent
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 33 Magazine Street, having an area of approximately 0.58 hectares (1.44
acres) (NBGIC Number 00024471), from "RM-2" High Rise Multiple Residential to "IL-1"
Neighbourhood Institutional 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.
(Councillor Trites re-entered the meeting.)
6(a) Zoning By-law Amendment To
Re-zone 120 McDonald Street
The Common Clerk advised that the necessary advertising was
completed with regard to (1) a proposed Zoning By-law text amendment to add the
following to the list of zones in Section 30(1): "shopping centre SC-2"; (2) to add "SC-2"
to the list of B zones in Section 30(5); (3) to add uses and zone standards for the "SC-2"
zone as Section 551; (4) to add "SC-2" to the list of zones in Section 840(3)(e); and (5)
to re-zone a parcel of land located at 120 McDonald Street (being NBGIC Numbers
322891,345124,55032411,55032403,55032395,347120, and 55065197) known as
the Loch Lomond Mall, from "SC" Shopping Centre to "SC-2" Shopping Centre
classification to permit a licensed lounge within the existing mall, as requested by
Pizzano's Pizza; and 6(c) letters in support were received from Arthur Melanson,
Margaret Chambers, Sherman LaPointe and Penny Alberts and a twenty-six name
petition.
Consideration was given to the report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
April 7, 1999 meeting at which Mr. Arthur Melanson, on behalf of the applicant, advised
the Committee that he had no concerns with the staff recommendation as well as the
suggested Section 39 conditions. Mr. Melanson stressed the proposed lounge would be
very small, and would be operated as a secondary use to the main pizzeria business.
Mr. Lloyd Ginn, a resident of Virginia Street addressed the Committee in opposition to
the application because, in his opinion, the proposed amendment to the Zoning By-law
would weaken the present protection the neighbourhood enjoys and expressed
disagreement with staff's conclusion that the proposed lounge would have no impact
regarding additional video lottery terminals and increased availability of alcohol. Mr.
Daryl MacKenzie, of the United Baptist Convention, also spoke in opposition to the
proposal citing his organization's concerns from a letter, as submitted, with respect to
drinking and gambling; and recommending that the proposed amendment to the Zoning
By-law be denied.
Mr. Lloyd Ginn, a resident of Virginia Street, addressed Council in
opposition to the proposal stating, in his opinion, it will reduce the present protection that
his residential neighbourhood enjoys and referred to a tavern which was located in the
same location a number of years ago and problems encountered; expressed concern
regarding the applicant returning to Council in a year requesting further changes and
receiving approval; and indicated concern regarding the proposed increase in the
number of video gambling machines from two to five and questioned if the establishment
would accommodate fifty customers qualifying it for a lounge license. Mr. Ginn advised
that Mr. Daryl MacKenzie of the United Baptist Convention, who was unable to attend,
asked Mr. Ginn to speak on his behalf advising that he is opposed to the proposal which
could be very detrimental to their business. Mr. Ginn asked Council to support the
Planning Advisory Committee's decision to deny the proposed amendment. Mayor
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McAlary questioned Mr. Ginn if he had any problems with the establishment at the
present time, to which he stated no. Councillor Court noted the hours for Pizzano's
Pizza would be in accordance with the shopping malls hours of operations, as they do
not have an exterior entrance.
Mr. Arthur Melanson, of 82 Wentworth Street, spoke on behalf of the
applicant, his brother, referring to information previously submitted to the Planning
Advisory Committee stating he is in agreement with staff's recommendation; noting the
bar area would accommodate approximately eighteen to twenty-two people.
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
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): "shopping centre SC-2"; (2) adding "SC-2" to the list of B zones in Section
30(5); (3) adding uses and zone standards for the "SC-2" zone as Section 551; (4)
adding "SC-2" to the list of zones in Section 840(3)(e); and (5) re-zoning a parcel of land
located at 120 McDonald Street (being NBGIC Numbers 322891,345124,55032411,
55032403,55032395,347120, and 55065197) known as the Loch Lomond Mall, from
"SC" Shopping Centre to "SC-2" Shopping Centre classification, pursuant to Section 39
of the Community Planning Act as recommended by Planning staff, be read a first time.
Councillor Vincent asked if anything could be done to alleviate problems
that may occur and Mr. Baird stated the subject property has been limited to only one
facility with a beverage room, club or lounge license at anyone time; the size of the
establishment is limited to a maximum capacity of sixty persons; hours of operation will
be limited to normal mall operating hours; and whatever facility is located on the property
would still be required to use the internal entrance as its main door. In responding to a
question raised concerning Dooly's Mr. Baird stated they have a "special facilities"
license where the serving of alcohol is secondary to the main operation.
(Councillor Desmond withdrew from the meeting.)
Question being taken, the motion was carried with Councillor Chase
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 Court
Seconded by Councillor White
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): "shopping centre SC-2"; (2) adding "SC-2" to the list of B zones in Section
30(5); (3) adding uses and zone standards for the "SC-2" zone as Section 551; (4)
adding "SC-2" to the list of zones in Section 840(3)(e); and (5) re-zoning a parcel of land
located at 120 McDonald Street (being NBGIC Numbers 322891,345124,55032411,
55032403,55032395,347120, and 55065197) known as the Loch Lomond Mall, from
"SC" Shopping Centre to "SC-2" Shopping Centre classification, pursuant to Section 39
of the Community Planning Act as recommended by Planning staff, be read a second
time.
Question being taken, the motion was carried with Councillor Chase
voting "nay".
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
(Councillor Desmond re-entered the meeting.)
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7(a) Zoning By-law Amendment To
Re-zone 1022 MillidQe Avenue
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 1022
Millidge Avenue, having an area of approximately 6,000 square feet (NBGIC Numbers
41855 and 55019491), from "R-1A" One Family Residential to "B-1" Local Business
classification to permit the establishment of a marine hardware store within the existing
building as requested by Sandra and Brian McKenney; and no letters were received in
this regard.
(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
April 7, 1999 meeting at which Brian McKenney, one of the applicants, expressed
agreement with staff's recommendation; and recommends that Common Council re-zone
a parcel of land located at 1022 Millidge Avenue, having an area of approximately 6,000
square feet (NBGIC Numbers 41855 and 55019491), from "R-1A" One Family
Residential to "B-1" Local Business, subject to an agreement 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 marine hardware store and a maximum of one dwelling unit
within the existing building; (b) the area between the main building and Millidge Avenue,
and the area between the main building and the lot line abutting 1014 Millidge Avenue
must be maintained as a landscaped lawn area; (c) the area between the main building
and the lot line abutting 1010 Millidge Avenue shall be used for no other purpose than a
driveway, detached garage and/or landscaped lawn area; and (d) no signs shall be
erected on the site, other than facia signs with a maximum sign area in conformity with
the sign provisions of the "B-1" zone.
On motion of Councillor Court
Seconded by Councillor Trites
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 1022 Millidge Avenue, having an area of approximately 6,000 square feet
(NBGIC Numbers 41855 and 55019491), from "R-1A One Family Residential to "B-1"
Local Business 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 1022 Millidge Avenue, having an area of approximately 6,000 square feet
(NBGIC Numbers 41855 and 55019491), from "R-1A One Family Residential to "B-1"
Local Business 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.
(Councillor Vincent withdrew from the meeting.)
8(a) Amendment To Section 39 Conditions
Of Re-zoninQ Of 1922 ManawaQonish Road
The Common Clerk advised the necessary advertising was completed
with regard to a proposed amendment to the Section 39 conditions imposed on the
September 12, 1994 re-zoning of property situated at 1922 Manawagonish Road
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(NBGIC Number 403626), to permit the removal of the restriction limiting the use of the
property to the manufacturing, installation and sale of tow truck bodies as well as a
vehicle compound for a towing business, to allow for a greater variety of uses permitted
in the "1-1" Light Industrial zone category, as requested by Douglas McCaig and Austin
Sleigh; and no letters were received in this regard.
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
April 7, 1999 meeting. The report advises that the Committee adopted the staff
recommendation that Common Council amend the proposal that was adopted on
September 12, 1994, pursuant to Section 39 of the Community Planning Act in
conjunction with the "1-1" Light Industrial zone for the property at 1922 Manawagonish
Road (NBGIC Number 403626), by replacing the Section 39 conditions with the
following: (a) the use of the property be limited to the following: business office, barber
shop, beauty salon, pet shop, truck or car wash, automobile and parts, salesroom,
electrical repair shop, tent, awning and allied manufacture, car sales lot, welding shop,
rental of trailers, retail store, personal service shop, radio or television repair shop, tire
shop, assembly of minor electric or electrical equipment, sign manufacture, wholesale
store or business, repair garage, used car sales lot, and repair shop (AT.V.'s/lawn
equipment); (b) that the property be maintained in accordance with a detailed site plan to
be approved by the Development Officer, prior to the issuance of a building permit for
any renovations to the building or change of use application; (c) that a portion of the
existing eight foot high, wooden fence, located to the east of the main building be
relocated so that it is no closer to the street than the main building; (d) that a maximum
of two businesses be permitted to operate from the property at anyone time; (e) that a
maximum of two vehicles or trailers used for a truck or car rental business be permitted
in the front yard of the property; and (f) no outdoor storage of goods or materials is
permitted, except within the main building or enclosed compound area.
Mr. Austin Sleigh, of 229 Foster Thurston Drive, referring to the Planning
Advisory Committee's report, as submitted, stated he has a problem with the maximum
number of businesses being permitted on the site and the number of parking spots
designated in the common area as eight to ten, and in his opinion, there are nineteen
parking spaces noting when the fence is moved back on the site the parking spaces will
increase to twenty-six. Mr. Sleigh circulated a sketch he prepared showing the parking
spaces available on the site.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the proposed Section 39
conditions imposed on the September 12, 1994 re-zoning of the property situated at
1922 Manawagonish Road (NBGIC Number 403626), to permit the removal of the
restriction limiting the use of the property to the manufacturing, installation and sale of
tow truck bodies as well as a vehicle compound for a towing business, to allow for a
greater variety of uses permitted in the "1-1" Light Industrial zone category, be referred to
the City Manager for further information.
Question being taken, the motion was carried.
(Councillor Vincent re-entered the meeting.)
9. Cancellation of April 26. 1999 Common Council MeetinQ
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the letter from Mayor
McAlary advising the Mayor and Council members will be travelling to Bangor on
Saturday, April 25, 1999 to participate in meetings as well as a forum on the East West
Highway issue on Monday, April 26, 1999, be received and filed, and the regular Council
meeting scheduled for April 26, 1999 be cancelled.
Question being taken, the motion was carried.
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10. Re Public-Private Partnerships In HousinQ
Consideration was given to a letter from Councillor Chase expressing
concern regarding the possible demolition of Centenary-Queen Square Church,
submitting correspondence from Canada Mortgage and Housing Corporation concerning
Public-Private Partnerships in Housing, and advising of discussions with Reverend Bob
Johnson, Municipalities and Housing staff as well as Mr. Tom Levesque of Canada
Mortgage and Housing Corporation regarding the possible development of Centenary-
Queen Square Church into public housing; and requesting that Council accept Mr.
Levesque's invitation to speak on this matter with Councillors and interested members of
the community.
(Councillor Fitzpatrick withdrew from the meeting.)
Councillor Chase proposed a motion which was seconded by Councillor
Ball to refer the letter regarding this matter to the Preservation Review Board. Following
discussion concerning a housing partnership, the initial motion to refer to the
Preservation Review Board was withdrawn by Councillor Chase with the consent of the
seconder.
On motion of Councillor Chase
Seconded by Councillor Ball
RESOLVED that the letter from Councillor
Chase regarding a housing partnership for the Centenary-Queen Square Church be
referred to the Board of Directors of the Church.
Question being taken, the motion was carried.
11. Tender For Roof Replacement
Lancaster Arena
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, the tender of Martin's Roofing Ltd. in the amount of $47,990.00, tax
included, be accepted for the replacement of the roof on the Lancaster Arena.
Question being taken, the motion was carried.
12. Tender for Municipal CastinQs
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, the tender of Strescon Ltd., as per the prices contained in the submitted
summary of bids, be accepted for the supply of municipal castings for a period of twelve
months.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the motion was carried.
13. Tender for Electrical Maintenance Services
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, the tender of Bay Electric Ltd., as per the prices contained in the
submitted summary of bids, be accepted for the provision of electrical maintenance
services to City owned buildings, with the exception of those identified as water and
waste water treatment facilities, for a term of twenty-four months from the date of award
by Council.
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APRIL 19,1999
Question being taken, the motion was carried.
14. Tender for PlumbinQ Maintenance
On motion of Councillor Court
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the tender of B & R Commercial, as per the prices contained in the
submitted summary of bids, be accepted for the provision of plumbing maintenance
services to City owned buildings for a term of twenty-four months from the date of award
by Council.
Question being taken, the motion was carried.
15. Tender For Miscellaneous Renovations
Parks Department Adelaide Street
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, the tender of Erb's Enterprises Ltd., in the amount of $48,865.00, taxes
included, be accepted for renovations to the City-owned Recreation and Parks
Department building on Adelaide Street.
Question being taken, the motion was carried.
16. Progress Payment Contract 98-10
Water Transmission Main - Wig mores
Chamber To Drv Lake Chamber
Read a letter from the City Manager advising Contract 98-10 for the
installation of 461 metres (1512') of 1050mm (42") diameter transmission main to
provide reliable transmission of treated water from Latimer Lake to the City was awarded
to Fairville Construction Ltd., by Common Council, on August 24, 1998, for the tender
amount of $408,644.00; advising the project is now complete with a final project value of
$439,690.76 being an increase over the awarded amount of $31,046.76; which
represents an over expenditure of the $950,000.00 budget for the "Pipeline Road East"
project comprised of Contract 98-2 and 98-10 of approximately $57,000.00; a review of
the 1998 Capital Program indicates that the funds are available to cover these additional
costs to the project without overspending the approved budget envelope for 1998.
On motion of Councillor White
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council approve the added expenditure of $31,046.76 on
Contract 98-10 for a final contract value of $439,690.76.
Question being taken, the motion was carried.
17. Purchase Of Land From CNR
On Thorne Avenue
Read a report from the City Manager advising of staff's involvement in
ongoing discussion with CNR and its agent with respect to several parcels of land they
have offered to the City as part of CNR's program to dispose of surplus properties;
noting the City has leased a property on Thorne Avenue, approximately 15,500 square
feet, for many years which serves as the main driveway to the treatment plant and a
storage yard for Saint John Energy with a current annual rent of $345.00 including taxes;
and in staff's opinion the offered purchase price of $35,000 for the property is
reasonable; noting that Saint John Energy has agreed to contribute $17,500 towards the
purchase price and pay one half the annual property taxes in return for the privilege to
continue to use part of the property for pole storage. Part "A" on the attached map, as
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APRIL 19,1999
submitted, is currently used for parking by patrons of the businesses located on the
adjoining property and in the event the City purchases the above noted property, it is
staff's intent to negotiate an agreement to use part "A".
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, Common Council (a) authorize the purchase of approximately 15,800
square feet of land located on Thorne Avenue currently leased from Canadian National
Railway for the agreed upon price of $35,000 plus applicable taxes; and (b) the Mayor
and Common Clerk be authorized to execute all documentation necessary to give effect
to this resolution.
Question being taken, the motion was carried.
18. Proclamation Of Amendments
To Community PlanninQ Act
Consideration was given to a report from the City Manager advising the
Provincial Legislature, at its last sitting, passed a number of amendments to the
Community Planning Act which have not yet been proclaimed, and are not effective;
noting one part of the recent amendments made a significant change to the enforcement
provisions of the Act, specifically Section 93 parts (1), (2) and (3); referring to Council's
meeting of November 21, 1994, as submitted, at which Mr. William Edwards, the
Building Inspector, was appointed "the person duly authorized" under Section 93, the
proposed amendment would change Section 93(1) and add a new 93(1.1) as follows:
"93 (1) Where a development is undertaken in contravention of this Act, a by-law or
regulation hereunder or terms and conditions imposed pursuant thereby the
development officer may order; (1.1) The Development Officer shall notify the Minister or
the Council, as the case may be, of the issuance of an order under subsection (1)". The
remaining subsections remain with only minor wording changes to match the changes in
Section 93(1). At a recent meeting of planning directors from throughout the Province
this specific change was of significant concern because the role of the Building Inspector
could be significantly decreased with regard to the enforcement of By-laws; noting that in
1998 approximately 100 "orders" were issued, 75% with respect to the Building By-law
resulting in a number of these going to court. This would result in a difficult situation
where the enforcement staff report to the Building Inspector, but must utilize the
Development Officer to issue orders. Further enforcement (court action) would then
become the responsibility of the Building Inspector whereas Council has designated the
Building Inspector to proceed to the courts pursuant to Section 94 and 95 of the Act;
advising that in all likelihood the proposed changes to Section 93 would also require a
Development Officer to attend court whereas he was the person to initially issue the
order.
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Common Council request that the Minister of Municipalities and Housing
not proclaim the amendment to Section 93 of the Community Planning Act.
Mr. Nugent advised he spoke with the Assistant Deputy Minister
responsible for the Community Planning Act regarding this matter, and was assured that
it had not been the intention of the Province to proclaim the legislation without first
discussing the issue with the municipalities.
Question being taken, the motion was carried.
19. Amendment to Business Park
Development Incentive ProQram
Read a report from the City Manager, further to Council's meeting of
March 8, 1999, which gave consideration and approval to the Business Park Incentive
Funding Program, as submitted, at which time two potential developments were
envisioned with funding for these projects allocated in the 1999 Capital Budget; advising
it became evident that the text of the proposed program required some clarification on
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APRIL 19,1999
the eligibility of expenses in the first application of the new incentive program; and
recommending proposed text amendments, as submitted, to the Business Park
Development Incentive Funding Program.
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, Common Council amend Appendix 2 attached to the report entitled "Business
Park Development Incentives" adopted on March 8, 1999 by deleting paragraphs B(1)
and B(2)(b) and substituting therefore: "B. Infrastructure Development Incentive; 1.
Eligible Expenditures - Cost sharing pursuant to this program is provided in two portions
to offset specific infrastructure costs incurred in developing the public right-of-way
located in the Business Park. The first portion is a refund provided for the invoiced cost
of underground piping materials (water, storm, sanitary) in the public right-of-way. The
Applicant must meet all terms and conditions of the Subdivision By-law, in order to
qualify for funding. The second portion is provided to refund all or a portion of the
roadway cost (i.e. excavation, asphalt, concrete curbing, concrete sidewalk, street
lighting and landscaping) based on the increased assessment generated by new
construction within the Business Park during the 36 months following approval of the
application by Common Council, subject to the maximum eligible funding. The Applicant
is required to provide documentary proof, satisfactory to the Chief City Engineer, of all
eligible expenditures. For grant purposes, eligible expenditures will be based upon
invoiced costs (where applicable) or as determined by the City's Chief Engineer. 2.
Calculation b: The total maximum funding to be provided by way of this program, is the
lessor of: (i) The actual cost incurred for roadway development including but not limited
to piping materials, excavation, asphalt, concrete sidewalk, concrete curbing,
streetlighting, granular materials and landscaping, in the public right-of-way or municipal
services easement; or (ii) $500,000 (five hundred thousand dollars)".
Mr. Totten advised $500,000 was approved in the 1999 capital budget for
the Somerset Business Park and noted some text amendments are required, as
submitted.
Question being taken, the motion was carried.
20. Notice of Motion Re Capital FinancinQ
Read a report from the City Manager submitting a Notice of Motion as the
first step in the permanent financing of certain capital projects and for which, at this
stage, it is not necessary to set limits with respect to the coupon rate or the terms for
which bonds are to be issued as these will be established at a later date and will be
related to market conditions at that time.
Her Worship the Mayor gave the following Notice of Motion:
"I do hereby give Notice that I will, at a meeting of Common Council held
after the expiration of thirty days from this day, move or cause to be moved, the following
motion, namely:
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
Recreation and Culture
$ 2,037,000
566,000
2,325,000
717,000
2,873,000
162,000
$ 8,680,000
WATER & SEWERAGE UTILITY
Water System
Sewer System
$ 3,748,000
2.282,000
6,030,000
764,000
PUBLIC TRANSIT
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APRIL 19,1999
SAINT JOHN ENERGY
1,006,000
$16,480,000
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 $16,480,000."
On motion of Councillor White
Seconded by Councillor Desmond
RESOLVED that the above report from
the City Manager be received and filed.
Question being taken, the motion was carried.
21. Amendment To Council Salarv Bv-Iaw
Read a letter from the City Solicitor, submitting for consideration of third
reading an amendment to the by-law providing for salaries to members of Common
Council, which would increase from $25.00 to $125.00 per day the amount paid to a
member of Council when absent from the City on civic business, first and second
readings having been given to the proposed amendment on April 12, 1999.
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that the by-law entitled "By-
law Number M-113-1 A By-law To Amend A By-law To Provide For Salaries To The
Members Of The Common Council Of The City Of Saint John, amending 4(1) be read a
third time and enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-law Number M-113-1 A By-law To Amend A By-
law To Provide For Salaries To The Members Of The Common Council Of The City Of
Saint John, was read in its entirety.
Question being taken, the motion was carried with Councillors Chase and
Titus voting "nay".
22. Re Board Of Inquiry Under
Human RiQhts Act
Read a letter from the Common Clerk submitting a Legal Session
resolution of April 6, 1999 with regard to a Board of Inquiry under the Human Rights Act.
On motion of Councillor Vincent
Seconded by Councillor Fitzpatrick
RESOLVED that the City Solicitor or his
designate is hereby authorized to prepare and proceed with the City's response to the
complaint of Keith Langford, which complaint has been referred to the Board of Inquiry
under the New Brunswick Human Rights Act.
Question being taken, the motion was carried with Councillor Chase
voting "nay".
(Councillors Fitzpatrick and Vincent withdrew from the meeting, as they
were not present at the April 12, 1999 public hearings with regard to 556 Woodward
Avenue, 101 Boars Head Road, and 333-335 Main Street.)
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23. Zoning By-law Amendment To
Re-zone 556 Woodward Avenue
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-495 A Law To Amend The Zoning By-law Of The City Of Saint John",
insofar as it concerns re-zoning an area of land located at 556 Woodward Avenue,
having an area of approximately 1.5 hectares (3.6 acres) (NBGIC Number 55050819
and a portion of Number 55101729) from "RSS" One Family Serviced Suburban
Residential to "R-1A" One Family Residential 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 driveway of Lot 7 to
be constructed and maintained in accordance with a site plan approved by the Chief City
Engineer; (b) minimum front and side yards for Lots 1 and 2 of 10 metres (35 feet) and
4.5 metres (15 feet) respectively; and (c) the development of the subject lands is limited
to a maximum of twelve (12) residential lots.
The by-law entitled, "By-law Number C.P. 100-495 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.
24. Zoning By-law Amendment To
Re-zone 101 Boars Head Road
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-496 A Law To Amend The Zoning By-law Of The City Of Saint John",
insofar as it concerns re-zoning an area of land located at 101 Boars Head Road, having
an area of approximately 4500 square metres (48,439 square feet), (being a portion of
NBGIC Number 55089940), from "R-1 B" One Family Residential to "R-2" One and Two
Family Residential 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. 100-496 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.
25. Zoning By-law Amendment To
Re-zone 333-335 Main Street
On motion of Councillor White
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-497 A Law To Amend The Zoning By-law Of The City Of Saint John",
insofar as it concerns re-zoning a parcel of land located at 333-335 Main Street, having
an area of approximately 640 square metres (6,888 square feet) (NBGIC Numbers
370536 and 55062608) from "BR" Business Residential to "B-2" General Business
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. 100-497 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 Vincent re-entered the meeting.)
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26. Planning Advisory Committee
Subdivision Bv-Iaw Amendment
Consideration was given to a proposed amendment to the Subdivision
By-law to delete Section 26(1)(a) and replace it with: "(a) located in residential zones
and the Business Park zone of the Zoning By-law", which was the subject of a Planning
Advisory Committee recommendation adopted at the last meeting of Council.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the by-law to amend the
Subdivision By-law, be read a first time.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the motion was carried.
Read a first time the by-law to amend the Subdivision By-law.
On motion of Councillor White
Seconded by Deputy Mayor Chase
RESOLVED that the by-law to amend
the Subdivision By-law, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Subdivision By-law.
27. Planning Advisory Committee
Subdivision Assent - 556 Woodward Avenue
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council (1) assent to one or more subdivision
plans, in one or more phases of 556 Woodward Avenue in accordance with the
submitted photo-reduced tentative subdivision plan, including the proposed public street
and to any required municipal services or public utility easements; (2) accept a cash-in-
lieu Land for Public Purposes dedication for the proposed subdivision; and (3) authorize
the preparation and execution of one or more City/Developer Subdivision Agreements 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.
28. Power Commission Re 1998-1999
Christmas Decorative LiQhtinQ ProQram
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the letter from Saint John
Energy advising that the Board of Commissioners, at their November 10, 1998 meeting,
"resolved that Saint John Energy provide the full cost of the 1998-1999 Christmas
Decorative Lighting Program and that it be reviewed on an annual basis"; the cost being
$50,419.19 which will be funded by the The Power Commission of the City of Saint John
-- be received and filed and a letter of appreciation be forwarded to Saint John Energy.
Question being taken, the motion was carried.
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APRIL 19,1999
29. Fundy Region Solid Waste Commission
Re ProQress of Fundv ReQion's RecvclinQ ProQram
Consideration was given to a letter from the Waste Diversion Committee
of the Fundy Region Solid Waste Commission advising the progress of the Regional
Recycling Program in which residents will be able to recycle cardboard, box board, other
papers, metal and glass containers, and #2 HDPE plastic containers. The Commission
is presently in the tender call phase for the establishment of twenty-eight depots
throughout the Fundy region which will be wheelchair accessible. The proposed
program will be similar to that which was tried during the six month Waste Diversion Pilot
Project during 1998.
On motion of Councillor Desmond
Seconded by Deputy Mayor Chase
RESOLVED that the letter dated April
9, 1999, from the Waste Diversion Committee of the Fundy Regional Solid Waste
Commission regarding the proposed Regional Recycling Program -- be received and
filed.
Councillor Chase advised the Fundy Region Solid Waste Commission
has released its report on the Waste Diversion Project and a copy of it will be available,
in the Common Clerk's office, if anyone wishes to read it; and stated the Chairman and
General Manager of the Fundy Solid Waste Commission would accept an invitation to
address Council regarding the financial statements for 1998. Councillor Court noted
there is now a new tipping fee for sorted construction materials of $25.00 for both
residential and construction users.
Question being taken, the motion was carried.
30. Wallace P. MacMurray
Re Imax Theatre Proposal
On motion of Councillor White
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Wallace
P. MacMurray expressing his concerns regarding the Imax Theatre proposal and the
historic importance of Market Square and Market Slip; and requesting that Council reject
the proposal -- be received and filed.
Question being taken, the motion was carried.
31. Town Of Rothesay
Re 2435-2441 Golden Grove Road
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the letter from the Town of
Rothesay, dated April 13, 1999, expressing appreciation to Common Council for denying
the proposed Section 39 amendment regarding the property located at 2435-2441
Golden Grove Road -- be received and filed.
Question being taken, the motion was carried.
32. Rifle Range Residents Association Re Churchill
Boulevard Sanitary Sewer. PavinQ And Sidewalks
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the Rifle
Range Residents Association, dated April 12, 1999, referring to the Churchill Boulevard
sanitary sewer Capital works project scheduled for 1999, expressing concern regarding
how this project will affect access to driveways of the Rifle Range housing development
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COMMON COUNCIL
APRIL 19,1999
on both sides of Churchill Boulevard; and referencing repaving and sidewalks when the
sanitary sewer work is completed; and requesting further details of the project for the
residents -- be referred to the City Manager.
Question being taken, the motion was carried.
33. McAllister Drive Plaza Inc.,
Re-zoninQ Of McAllister Drive
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the application of McAllister
Drive Plaza Inc. for the re-zoning of property on McAllister Drive, 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 Tuesday,
May 25, 1999, at 7:00 p.m.
Question being taken, the motion was carried.
34. "lmaQine The Possibilities Team of Champions"
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that the letter from Eileen
Travis and Muriel Jarvis, Imagine The Possibilities Team of Champions, dated April 15,
1999, inviting the Mayor and two members of Common Council to a meeting with fellow
Mayors and Councillors from the Greater Saint John region, to expand areas of regional
cooperation for the mutual benefit of the citizens, on Saturday, May 1, 1999 from 9:00
a.m. - 11 :00 a.m., Rothesay Town Hall -- be referred to Mayor McAlary.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that this meeting be adjourned.
Question being taken, the motion was carried.
Common Clerk