1999-05-03_Minutes
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COMMON COUNCIL
MAY 3,1999
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the third day of May, AD., 1999, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
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; 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; 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 Rev. David Warren,
Pastor of the Saint John Foursquare Gospel Church, offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Vincent
Seconded by Councillor Ball
RESOLVED that minutes of the meeting of
Common Council, held on April 19, 1999, be approved.
Question being taken, the motion was carried.
8. Sister City Visit To BanQor
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the letter from Mayor
McAlary commenting on the visit to the City's Sister City - Bangor, Maine, on the
weekend of April 24, by the Mayor and seven Councillors; submitting a copy of her
presentation to the East-West Highway Conference on the advantages to the City of
Saint John of an East-West Highway link; and concluding that Mayor Joe Baldacci and
the Bangor Council made a firm commitment to visit the City of Saint John within the
next few months -- be received and filed.
Question being taken, the motion was carried.
9. ParkinQ & ParkinQ Meters In Uptown
Consideration was given to a letter from Councillor Titus advising that he
would like to discuss parking and, with support, propose a motion toward the elimination
of parking meters in that the City of Saint John spends considerable time, money and
effort on its downtown, businesses located within this area are vital to the City, and
parking meters are considered by many to have a negative impact on business in the
downtown.
Councillor Titus asked if, rather than entirely eliminating parking meters in
the Uptown, there could at least be discussion about eliminating the cost of paid parking
at meters in the Uptown area on Saturdays, even if just for the summer season; and
concurred with the Mayor's suggestion that this matter could be referred to the Saint
John Parking Commission for a report to Council in a couple of weeks time.
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On motion of Councillor Titus
Seconded by Councillor Ball
RESOLVED that the suggestion of eliminating
paid parking at meters on Saturdays in the Uptown area be referred to the Saint John
Parking Commission for a report to Council before the summer season.
(Councillor Desmond entered the meeting.)
Question being taken, the motion was carried.
10. Street Closing By-law Amendment And
Subsequent Sale - Portion Of Whipple Street
Read a report from the City Manager advising of the request by the
solicitor for the purchaser of the property at 430 Whipple Street for the City to close and
deed to the purchaser the portion of Whipple Street right-of-way occupied by the house
and land used in conjunction with the house, a large portion of which encroaches on a
filed street right-of-way and, while there is no specific policy dealing with requests for
street closings to deal with encroachments onto street rights-of-way and minor
encroachments of buildings are normally dealt with by the granting of an easement for
the life of the building, in this case where the encroachment is major in proportion to the
size of the building and where it has been determined that the long-established location
of the travelled portion of the street and sidewalks would not be adversely affected by
the closing, closure and sale is appropriate; and recommending that Council authorize
the publishing of a notice of its intention to consider the passing of a by-law to stop up
and close the subject portion of Whipple Street.
The Mayor noted that the City Manager submitted a revised report in the
above regard.
On motion of Councillor Vincent
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Common Council authorize the publishing of a notice of its intention to
consider the passing of a Street Closing By-law amendment to stop up and close that
portion of Whipple Street within the limits of Parcel A as shown on a "Plan and Field
Notes of Survey" prepared by Gerald R. Roberts CLS NBLS and filed in Canada Lands
Surveys Records 82387 on April 9, 1999 and, if closed, the conveyance of such closed
portion to the owner of 430 Whipple Street for the sum of $1.00 provided that all costs
associated with the street closing process are to the account of the owner of 430
Whipple Street.
Question being taken, the motion was carried.
11. Traffic By-law Amendment
Re ParkinQ On Woodville Road
On motion of Councillor White
Seconded by Councillor Vincent
RESOLVED that the report from the City
Manager advising of a request from residents of Woodville Road for a parking restriction
on the south side of Woodville Road between Chapel Street and City Line and that, as
staff's review of this request has concluded that the residents in this area use the street
for parking purposes when ample off-street parking is available to them and also that a
parking restriction would be an advantage particularly to emergency vehicles and snow
plowing equipment, staff recommends that parking be eliminated as requested; and
recommending that first and second readings be given to the proposed Traffic By-law
amendment and it be referred to the Legal Department for appropriate action -- be
received and filed and the recommendation adopted:
AND FURTHER that the by-law entitled, "A By-law To Amend A By-law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on
Woodville Road, be read a first time
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The status of an anticipated report from the City Manager was
questioned, further to Council's referral on March 8, 1999 of a portion of the City
Manager's report dealing with parking on narrow residential streets, to which Mr. Groody
advised that the intent was to come back to Council before the end of this month to deal
with the streets included in the previous report and to follow up on a regular basis based
on citizens' calls on a number of other similar situations.
Question being taken, the motion was carried.
Read a first time the by-law entitled, " A By-law To Amend A By-law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973, And Amendments Thereto".
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that the by-law entitled, " A
By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John
Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto",
with regard to parking on Woodville Road, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, " A By-law To Amend A By-law
Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of
The Motor Vehicle Act, 1973, And Amendments Thereto".
12. Extension Of Somerset Street Storm Sewer
Read a report from the City Manager advising that the new business park
currently under construction near Somerset Street will include a new street connecting to
Somerset Street south of Lime Kiln Road and, at present, there is no storm sewer in this
section of Somerset Street for the new development to join; also advising that, with
regard to the City's long-term plan to widen Somerset Street to four lanes over its entire
length which would include a storm sewer extension to Lime Kiln Road from its present
terminus at the new Millidgeville Market, the business park construction has made this
project more urgent; and recommending inclusion of the Somerset Street storm sewer
extension project in the 1999 Capital Budget.
On motion of Councillor Vincent
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, the 1999 Capital Budget be increased by $120,000 to permit the
construction of the Somerset Street storm sewer extension this year.
Question being taken, the motion was carried.
4. Saint John Community-
Based Mobilization Program
Proposal For Recoverv ProQram
Erica Ganz of 186 Queen Street West addressed Council for the purpose
of acquiring a letter of support for a proposal to offer a Saint John Community-Based
Mobilization Program for women who identify the need for a therapeutic and educational
approach on the basis that recovery can reduce the incidence of violence against
women, which sometimes leads to an addiction and/or criminal activity. Ms. Ganz,
reading from the previously-submitted brief, outlined the Program's strategy, vision
statement and goals and objectives, and set out an action plan in establishing a recovery
program on a long-term, open-ended basis.
In response to the Mayor, Ms. Ganz clarified that the proposed Program
would be provided on an in-house basis through Amana House, which currently
operates on an out-patient counselling basis and, in terms of funding for the Program,
advised that it was the intent to approach the RCMP National Crime Prevention Fund in
Ottawa and the requested letter of support would be used in this approach for funding.
Councillor Trites advised that, while he had no difficulty when asked to support the
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vision, goals and objectives, he would like to see something in written form in terms of
the organization represented by Ms. Ganz, as well as budgetary information and
information on the RCMP program to be accessed.
On motion of Councillor Vincent
Seconded by Councillor Ball
RESOLVED that with regard to the
presentation regarding a Saint John Community-Based Mobilization Program, a letter of
support be provided pending receipt of further information in this regard
Question being taken, the motion was carried.
5. Island View Home And School Playground
Committee - Phase 2 of PlaVQround Proiect
Fiona Higgins appeared before Council on behalf of the Island View
Home and School Playground Committee to request the City of Saint John to match
funds raised by the Committee to build Phase 2 of a playground at the Island View
Elementary School in West Saint John, which would serve as an addition to the existing
equipment and better provide for the needs of the community, Council on November 3,
1997 having approved Land for Public Purposes funding for Phase 1 of the community
playground. Ms. Higgins introduced Committee members Cathy Macintosh, Colleen
MacRae and Stephen Bradley and, referring to a previously-submitted brief, outlined the
Committee's 1998-1999 fund-raising statement indicating a current balance of
$11,774.59 and the type of play structures and freestanding apparatus planned for the
playground for a total cost of $22,852.80, and requested $11,774.59 from the City's
Land for Pubic Purposes Trust Fund.
On motion of Councillor Vincent
Seconded by Councillor Trites
RESOLVED that the presentation on behalf
of the Island View Home and School Playground Committee, regarding Phase 2 of the
Island View School playground project, be referred to the City Manager with a view to
meeting with the Committee and making a recommendation to Council as soon as
possible.
Question being taken, the motion was carried.
13. Municipal Plan Amendment
Parts One. Two And Nine
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", 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:
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a. in Sub-Section 2.4.4.14, "Approved Rural Residential Developments"
b. in Sub-Section 2.4.6.28, "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 9.2.2.3: Delete the sub-section
-- be read a third time and enacted and the Corporate Common Seal be affixed thereto.
The by-law entitled, "A Law To Amend The Municipal Plan By-law". was
read in its entirety.
Question being taken, the motion was carried.
14(a) Municipal Plan Amendment; (b) Re-zoning
Of Property At 945 Old Black River Road
14{a)
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by amending 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, being civic number 945 Old
Black River Road (NBGIC Numbers 55093330 and 340042), from Low Density
Residential to Light Industrial classification, as an Approved Light Industrial
Development classification, be read a third time and enacted and the Corporate
Common Seal be affixed thereto.
The by-law entitled, "A Law To Amend the Municipal Plan By-law", was
read in its entirety.
Question being taken, the motion was carried with Councillors Desmond
and Fitzpatrick voting "nay".
14{b)
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-498 A 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"
Adding the following as Section 740(1):
"740 SPECIAL ZONES
(1) Special Zone #1
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;
(SZ#1)
2.
(a)
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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 Sections 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
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
-- 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 non-residential use
of the site is restricted to a welding school with a maximum limit of 20 students at any
one 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: staff and student parking; and 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; and (g) the hours of operation of the
welding school are restricted to 7 a.m. to 10 p.m., Monday to Friday.
Councillor Desmond expressed concern about something being built on
the site in question for commercial use, which would be in violation of condition (e), and
Mr. Edwards and Baird responded to his questions on monitoring the site to ensure the
applicant's compliance with this condition and the penalty with respect to violating
conditions, respectively.
The by-law entitled, "By-law Number C.P. 100-498 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 with Councillors Desmond
and Fitzpatrick voting "nay".
6. Transit Commission
1998 Annual Report
Peter Gaulton, Chairman of the Saint John Transit Commission,
Commission members Murray Beesley, Michael Arbow, Andrew Britton, Susan Issacs-
Lubin, Donald McKim and Donald Smith, General Manager Frank McCarey, and
Comptroller Wayne Thorne, were present at the meeting, and Mr. Gaulton, noting the
Commission's 1998 Annual Report, thanked Council for its support and commended the
Commission members and staff for their efforts. Mr. McCarey, having noted the 4.4 per
cent increase in ridership over 1997, commented on the rationale for using full-size
buses only in its system operation, as included in the Annual Report, and responded to
questions on service provided by Saint John Transit. The Mayor thanked the
Commission for its efforts on behalf of the City.
(Councillor Vincent withdrew from the meeting.)
7. Multicultural Association Of Saint John, Inc.
ForthcominQ ImmiQrant Ship Visit To City
Eric L. Teed, Pro Tem Secretary of the Co-ordinating Committee of the
Jeanie Johnston Project, and John Noddin, President of Multicultural Association of
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Saint John, Inc., sponsor of the Committee, were present at the meeting, and Mr. Teed
spoke on Ireland's Jeanie Johnston Project to reconstruct a ship of the immigrant period
of 1847 to 1858 and have it sail to North America in the Year 2000 to visit the various
ports visited by the original ship, including the Port of Saint John. Mr. Teed referred to a
list of possible activities for consideration in this regard (copies of which were distributed
to Council members at this meeting), and asked Council to appoint a representative of
the City, be it a Councillor or a member of the community.
The Mayor suggested that the above request could be referred to the
Nominating Committee and, in response to Councillor Trites' suggestion that Councillor
Ball sit on the Co-ordinating Committee for the Project and Councillor Desmond's
suggestion for referral to the City Manager in the event a Tourism staff member could be
involved. re-iterated her suggestion for referral to the Nominating Committee.
On motion of Councillor Fitzpatrick
Seconded by Councillor Desmond
RESOLVED that the presentation on
behalf of the Co-ordinating Committee of the Jeanie Johnston Project, sponsored by the
Multicultural Association of Saint John, Inc., be referred to the Nominating Committee.
Question being taken, the motion was carried.
15. Zoning By-law Amendment
To Re-Zone 33 MaQazine Street
On motion of Councillor White
Seconded by Councillor Desmond
RESOLVED that the by-law entitled, "By-
law Number C.P. 100-499 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 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, 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 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.
The by-law entitled, "By-law Number C.P. 100-499 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.
16. Zoning By-law Amendment Re
Property At 120 McDonald Street
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-500 A 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"
Adding "SC-2" to the list of B zones in Section 30(5);
Adding the following as Section 551:
2.
3.
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"551 SHOPPING CENTRE (SC-2)
(1) Uses
Any land, building or structure may be used for the purposes of, and for
no other purpose than,
(a) the following uses in a shopping centre:
bank or financial institution;
business office;
library;
parking area;
personal service shop;
photographer's studio;
restaurant;
retail store;
a beverage room, club or lounge;
a theatre or bowling alley;
a travel agency;
(b) the following uses in a shopping centre subject to such terms and
conditions as may be imposed by the Committee:
an amusement place;
a hotel or motel;
a drive-in or take-out restaurant;
a service station or auto accessory store;
a multiple dwelling;
a gasoline bar;
(c) subject to Section 830, an accessory building, structure or use,
incidental to a use, building or structure permitted in this Section.
(2) Zone Standards
(a) Minimum lot area .............................................................1 hectare
(b) Minimum lot frontage ......................................................60 metres
(c) Minimum front yard .........................................................15 metres
(d) Minimum rear yard ..........................................................15 metres
(e) Minimum side yard..........................................................15 metres
(f) Maximum height .........................................3 storeys or 11 metres
(g) Maximum lot occupancy........................................................ 25%"
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
-- 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 subject property will
only ever have one facility with a beverage room, club or lounge licence at anyone time;
(b) the size of the beverage room, club or lounge shall be limited to a maximum capacity
of 60 persons; (c) the beverage room, club or lounge entrance shall be from within the
mall, and it shall not have any direct external access to the outdoors, other than an
emergency exit if required by law; (d) the hours of the beverage room, club or lounge
shall be limited to normal mall operating hours of 9:30 a.m. to 10:00 p.m.; (e) the
beverage room, club or lounge shall provide food service from a kitchen facility on the
premises; and (f) there shall be no live entertainment in the beverage room, club or
lounge, and any recorded music must not be detectable outside of the mall building.
(Councillor Trites withdrew from the meeting.)
Councillor Chase advised that the reason he voted against first and
second readings of the proposed By-law amendment and would do so on third reading
was that he clearly believed the re-zoning would be a move to more video lottery
terminals in the premises, and also to be consistent with his position of opposition to
such terminals. The Mayor noted the need for six affirmative votes in order to enact the
By-law as the Planning Advisory Committee had recommended denial of the re-zoning.
The by-law entitled, "By-law Number C.P. 100-500 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 with Councillor Chase
voting "nay".
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17. Zoning By-law Amendment To
Re-zone 1022 MillidQe Avenue
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-501 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 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, be read a
third time and enacted and the Corporate Common Seal be affixed thereto:
AND FURTHER that the said re-zoning be subject to an agreement
between the City and the developer 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.
(Councillor Vincent re-entered the meeting.)
The by-law entitled, "By-law Number C.P. 100-501 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.
18. Subdivision By-law Amendment To
Repeal and Replace Section 26{1 )(a)
On motion of Councillor White
Seconded by Councillor Desmond
RESOLVED that the by-law entitled, "By-
law Number C.P. 120-3 A By-law To Amend A By-law To Regulate The Subdivision Of
Land Within The City Of Saint John", by repealing Section 26(1)(a) and substituting the
following: "(a) located in residential zones and the Business Park zone of the Zoning By-
law.", be read a third time and enacted and the Corporate Common Seal be affixed
thereto.
(Councillor Titus withdrew from the meeting.)
The by-law entitled, "By-law Number C.P. 120-3 A By-law To Amend A
By-law To Regulate The Subdivision Of Land Within The City Of Saint John", was read
in its entirety.
Question being taken, the motion was carried.
(Councillor Trites re-entered the meeting.)
19. 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 Tuesday, April 20, 1999 when there
were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Court,
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Desmond, Trites, and White, and your Committee submits the following
recommendation, namely:
1. That as recommended by the City Manager, the position of Manager,
Saint John Visitor and Convention Bureau, Group 5 Management, be added to the
Establishment.
May 3, 1999,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
19.1. Addition - Position Of Manager
Visitor And Convention Bureau
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
20. Planning Advisory Committee
Section 101 Agreement
Re 35 Kennebecasis Drive
On motion of Councillor Vincent
Seconded by Councillor White
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council authorize the preparation and execution
of an agreement pursuant to Section 101 of the Community Planning Act to ensure the
following conditions as imposed by the Committee are satisfied: (a) the structure be
removed from the property within two years of the issuance of a building permit; (b)
security be provided in an amount to be determined by the Building Inspector for the
removal of the structure upon termination of the two-year period mentioned above in (a);
(c) the applicant erect a 1.82-metre (6-foot) high, board-on-board fence along the east
side of the property line between the southeast corner of an existing garage and the
northwest corner of a storage shed located on the property at 41 Kennebecasis Drive;
(d) ventilation be provided in the new building, subject to approval of the City's Building
Inspector; and (e) the applicant enter into a Section 101 Agreement containing the
above-noted conditions.
(Councillor Titus re-entered the meeting.)
Question being taken, the motion was carried.
21. Taco Pica Worker Co-operative Ltd.
ServinQ Of liquor 96 Germain Street
On motion of Councillor Fitzpatrick
Seconded by Councillor Desmond
RESOLVED that the letter from Taco
Pica Worker Co-operative Ltd. requesting approval to serve liquor at four patio tables
with five chairs each at the front of Taco Pica Restaurant at 96 Germain Street starting
this summer -- be referred to the City Manager.
Question being taken, the motion was carried.
87 -488
COMMON COUNCIL
MAY 3,1999
22. Martinon Community Playground
Request For Funds For PlaVQround
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
Martinon Playground Committee requesting that the City match all contributions and
funds raised by the Committee to build a playground and/or upgrade any existing
equipment at the Martinon Community Playground -- be referred to the City Manager.
Question being taken, the motion was carried.
23. Hospitality Saint John Inc.
Re Municipal Tourism Function
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the letter from Hospitality
Saint John Inc. calling for immediate action in filling the former position of Director of
Tourism before irreparable damage is done to the region's competitive position in the
tourism market -- be received and filed.
Question being taken, the motion was carried.
24. Business Centre-Kings Square Ltd.
DamaQe To KinQs Square North Property
On motion of Councillor Court
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from
Business Centre-Kings Square Ltd. advising of ongoing problems with damage at the
Service N.B. building at 15 Kings Square North -- be referred to the Saint John Board of
Police Commissioners.
(Councillor Fitzpatrick withdrew from the meeting.)
Question being taken, the motion was carried.
25. Atlantic Home Improvements Ltd.
Re-ZoninQ 1151 Golden Grove Road
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the application of Atlantic
Home Improvements Ltd. for the re-zoning of property at 1151 Golden Grove Road be
referred to the Planning Advisory Committee for a report and recommendation and the
necessary advertising be authorized in this regard, with the public hearing to be held on
Monday, June 14, 1999, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
(Councillor Fitzpatrick re-entered the meeting.)
87 -489
COMMON COUNCIL
MAY 3,1999
26. A.M. (Bert) Chipman Re (a) Recognition Of
Walter Pidgeon; (b) Economic Development
StrateQies; (c) World CurlinQ Championships
26{a) & (b)
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that the letters from AM. (Bert)
Chipman (a) recommending Council's early and positive recognition of noted actor
Walter Pidgeon as suggested in the submitted copy of the Editorial in the March 22,
1999 Saint John Times-Globe newspaper; and (b) commenting on the submitted copy of
an article, "Maritimes need new economic vision", in the March 29, 1999 Telegraph
Journal newspaper -- be referred to the City Manager.
Question being taken, the motion was carried.
26{c)
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that the letter from AM. (Bert)
Chipman expressing appreciation for the excellent and effective sales efforts which
resulted in bringing the Ford World Curling Championships 1999 to the City, and to the
leaders and volunteers for their contribution in this regard -- be received and filed.
Question being taken, the motion was carried.
27(a)(b) Stewart A. Brenton & Councillor
Titus Re Councillor's Correspondence
On motion of Councillor Ball
Seconded by Councilor Fitzpatrick
RESOLVED that (a) the letter from
Stewart A Brenton commenting on the submitted copy of a letter he received in the mail
from Councillor Titus; and (b) the letter from Councillor Titus submitting a copy of his
letter to Mr. Brenton further to his Mr. Brenton's aforementioned letter -- be received and
filed.
Question being taken, the motion was carried.
28. Saint John Port Corporation Re
Appointment As Canada Port Authoritv
On motion of Councillor Fitzpatrick
Seconded by Councillor Vincent
RESOLVED that the letter from Alwyn G.
Soppitt, President and Chief Executive Officer of the Saint John Port Corporation,
advising that. in accordance with the Canada Marine Act which received Royal Assent
on June 11, 1998, the Saint John Port Corporation will be continued as the Saint John
Port Authority effective May 1, 1999 -- be received and filed.
Question being taken, the motion was carried.
29. Lafarge Canada Inc. - Re-Zoning
Of Property 655 Latimore Lake Road
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the application of Lafarge
Canada Inc. for the re-zoning of property at 655 Latimore Lake Road be referred to the
Planning Advisory Committee for a report and recommendation and the necessary
87 -490
COMMON COUNCIL
MAY 3,1999
advertising be authorized in this regard, with the public hearing to be held on Monday,
June 14, 1999, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
30. Mervyn Neill - Lack Of Assistance
For Residents Of Glen Falls
On motion of Councillor Vincent
Seconded by Councillor Ball
RESOLVED that the letter from Mervyn Neill
addressing his concerns about a form of discrimination suffered by the residents of Glen
Falls in not being able to obtain help from the New Brunswick Housing Corporation to
repair damage done to their homes over the years due to constant flooding of the area --
be referred to the City Manager for review and a report to Council.
The initial motion proposed by Councillor Desmond and not seconded
was to receive and file the above letter.
Question being taken, the motion was carried.
31. Barry Ogden - Visionaries Film On
Efforts To Improve DrinkinQ Water
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the letter from Barry Ogden
advising of the June 5 televising of the Visionaries' film about the organization "Water for
People" of which City employee Bill Butler is the Canadian President, such film having
been made in Saint John about the community's efforts to improve drinking water in
developing countries -- be received and filed with appreciation to Mr. Butler for his efforts
in this regard and to Mr. Ogden for bringing this to Council's attention.
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk