1999-06-28_Minutes
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COMMON COUNCIL
JUNE 28, 1999
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-eighth day of June, A.D., 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. 1. Totten, City Manager; J. Nugent, City Solicitor; A.
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; J. C. MacKinnon, Commissioner of
Environment and Development Services; P. Groody,
Commissioner of Municipal Operations; W. Butler, Commissioner
of Community Services; S. Galbraith, Director of Works; J. Baird,
Manager of Community Planning; S. Lodhi, Manager of Real
Estate and Facility Management; W. Edwards, Building Inspector;
D. Logan, Purchasing Agent; B. Totten, Works Superintendent
District 1; B. Reynolds, Works Division; W. Wright, Works
Division; G. Tait, Fire Chief; A. Bodechon, Deputy 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. James Fudge, First
United Pentecostal Church and Chaplain of the Saint John Police Force, offered the
opening prayer.
2. Approval of Minutes
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that minutes of the meeting of
Common Council, held on June 14, 1999, be approved.
Question being taken, the motion was carried.
3(a) Municipal Plan Amendment And
(b) Re-zoninQ 2690 Loch Lomond Road
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to redesignate on
Schedule 2-A and Section 2.4.6.28, a parcel of land with an area of approximately 8
acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of
366 feet, located at 2690 Loch Lomond Road (NBGIC Number 332437), from Low
Density Residential to District Centre Commercial classification as an Approved
Commercial Development; and (b) the proposed re-zoning of the same parcel of land
from "RR" One Family Rural Residential to "B-2" General Business classification, to
allow the continued use of the subject property as a car sales lot, as requested by Victor
Train, and no written objections were received in this regard.
3{c)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and letters in support of the
application considered at the Committee's June 22 meeting at which Victor Train
appeared in support of his application; and recommending that Common Council (1)
amend the Municipal Development Plan by redesignating on Schedule 2-A and Section
2.4.6.28, a parcel of land with an area of approximately 8 acres, having 66 feet of
frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690
Loch Lomond Road (NBGIC Number 332437), from Low Density Residential to District
Centre Commercial classification as an Approved Commercial Development; and (2) re-
zone the same parcel of land from "RR" One Family Rural Residential to "B-2" General
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Business classification, subject to a resolution pursuant to Section 39 of the Community
Planning Act limiting the use of the property to a single-family residence and a car sales
lot, not including mechanical or autobody repair.
Harold Dallon of 2660 Loch Lomond Road, appearing in support of the
proposed amendments, advised that he has had no problems whatsoever with respect
to the business operated and maintained by Mr. Train on the subject property, and there
is no interference with traffic, no evidence of garbage or oil spills or gas leaks, or any
potential damage or harm to adjoining properties or the environment, and the property is
very well maintained; and also that he was completely in favour of Mr. Train and his
family living and conducting business out of that property.
Greta Richard of 79 Mallette Road spoke in support of the Train family's
continued operation of its home-based business; and advised that the property is well
maintained and she has never noticed any problems with traffic.
Gerry Johnson of 2745 Loch Lomond Road, in expressing support of the
proposed amendments, advised that he saw no problem with Mr. Train operating the
business on the subject property because it was very clean.
Heather Magee of 23 Sheila Avenue advised of her support of the
proposed amendments; and also that the Trains run a very clean business and their
property is very well maintained.
Victor Train of 2690 Loch Lomond Road appeared in support of his
application and, in noting that the Planning Advisory Committee approved the operation
of his business on a temporary business as well as Council's previous denial of the
proposed re-zoning with one of the main arguments being that he had operated his
business before going through the proper channels, advised that he was now working to
rectify the situation. Mr. Train expressed the view that he has proven over the years that
he operates a nice clean business, and he has a lot of support from people in the area.
3{a)
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the by-law entitled, "A Law
To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A and Section
2.4.6.28, a parcel of land with an area of approximately 8 acres, having 66 feet of
frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690
Loch Lomond Road (NBGIC Number 332437), from Low Density Residential to District
Centre Commercial classification as an Approved Commercial Development, be read a
first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A and
Section 2.4.6.28, a parcel of land with an area of approximately 8 acres, having 66 feet
of frontage along Loch Lomond Road and widening to a width of 366 feet, located at
2690 Loch Lomond Road (NBGIC Number 332437), from Low Density Residential to
District Centre Commercial classification as an Approved Commercial Development, be
read a second time.
Question being taken, the motion was carried.
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COMMON COUNCIL
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Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-law".
3{b)
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land
with an area of approximately 8 acres, having 66 feet of frontage along Loch Lomond
Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road (NBGIC
Number 332437), from "RR" One Family Rural Residential to "B-2" General 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 White
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land
with an area of approximately 8 acres, having 66 feet of frontage along Loch Lomond
Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road (NBGIC
Number 332437), from "RR" One Family Rural Residential to "B-2" General 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.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the correspondence
regarding the above-proposed amendments be received and filed.
Question being taken, the motion was carried.
4(a) Zoning By-law Amendment
To Re-zone 130 Dorothea Drive
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 130
Dorothea Drive (NBGIC Number 00321539), having an area of approximately 650
square metres (7,000 square feet), from "R-1B" One Family Residential to "RM-1" Three
Storey Multiple Residential classification, to establish a rooming house for up to six
students in the basement of the dwelling, as requested by James and Phyllis Crilley, and
17 written objections and a petition in opposition to the proposed re-zoning were
received in this regard.
4{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and other correspondence
considered at its June 22 meeting at which the applicant, Phyllis Crilley, expressed
objection to the staff recommendation, and presentations were made by two area
residents expressing objection to the proposal; and recommending that the application
be denied.
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Gordon Dalzell of 32 Dorothea Drive, appearing in opposition to the
proposed re-zoning, advised that his presentation was based on the fact that numerous
people in Champlain Heights asked if he would summarize some of the points of
objection; and expressed the understanding that the proposed zoning classification was
the one used to permit apartment buildings to be constructed. Mr. Dalzell noted the
residential nature of Champlain Heights, as well as the ability under the existing laws for
Champlain Heights residents to take a maximum of two boarders, while the proposed
zoning change would take that number up to six students; and summarized the impact
the proposed zoning change would have on the neighbourhood in terms of the lot size
being ideal and suitable for its designated use for one-family situations, increased traffic,
and parking arrangements. Mr. Dalzell addressed the impact on the neighbourhood with
respect to the possible need for more community resource personnel, such as police
officers, accessing the subject property, increased noise, the impact on existing homes
which enjoy the present one-family residential status, and the precedent that would be
set where other properties could be changed; and recommended that the present zone
be maintained.
Ann Marie Stephen of 66 Sherwood Drive spoke against the proposed re-
zoning based on her concern that the re-zoning goes with the property and, while it is
understood that the Crilleys have no intention at this time to either erect another storey
on their home or to take in fifteen people, the subject property may not always be in their
hands, thus what could happen to the subject property should it pass from their hands
sometime in the future caused her grave concern; and asked that the application be
denied as she would like it to remain a single-family dwelling area.
Phyllis Crilley of 130 Dorothea Drive appeared in support of her
application and, referring to correspondence (copies of which she distributed to Council
members at this time), advised her intention to leave her home as is with the current
three boarders, which is a means of employment for her, and that she would sell her
home as a one-family dwelling, not a boarding house, when she decided to sell it.
Mrs. Crilley, in response to questions, advised that, at anyone given time,
she has had five boarders at the most, and her request was to have four boarders, and
to renovate her home accordingly if the re-zoning were approved; and also advised of
the number of people, including family members, who reside at 130 Dorothea Drive.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that the application of James
and Phyllis Crilley for the re-zoning of property at 130 Dorothea Drive be denied.
Mr. Edwards advised of Building Inspection and Technical Services'
efforts in inspecting a number of homes, having become aware of some boarding
situations where the buildings were not up to code and having been supplied by the
administration of the New Brunswick Community College with addresses of residents in
Champlain Heights and the surrounding area who would offer their homes for boarders
for the Community College, with some homes having significant deficiencies, such as
the one being considered for re-zoning at this time; and also that Mrs. Crilley was one of
the people with whom staff had corresponded indicating that what was being
contemplated was not possible without re-zoning and substantial renovations to her
home to bring it up to the current codes.
Question being taken, the motion was carried.
On motion of Councillor Titus
Seconded by Councillor Desmond
RESOLVED that the correspondence in
the above regard be received and filed.
Question being taken, the motion was carried.
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5(a) Zoning By-law Amendment
Re 319-321 City Road
The Common Clerk advised that the necessary advertising was
completed with regard to (1) a proposed Zoning By-law text amendment to (1) add to
Section 30(1) "special zones SZ#2"; add Section 740(2) setting out the uses, conditions
of use and zone standards for "SZ#2"; (3) delete Section 520(2)(b)(ii); and (4) re-zone a
parcel of land located at 319-321 City Road, being Haymarket Square Plaza (NBGIC
Numbers 24059 and 20289), having an area of approximately 6800 square metres (1.7
acres), from "B-2" to "SZ#2" Special Zone #2, to permit a licensed lounge, as requested
by Crowe's Place Ltd., and 5{c) a petition from local property owners/ residents
opposing the re-zoning was received in this regard, as well as a letter (copies of which
were distributed to Council members on this date) from Rheal Comeau advising that the
residents would like the Club to revert back to its original status, an amusement club.
5{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and other correspondence
considered at its June 22 meeting at which Kevin Dobson, co-owner of Crowe's
Place/Kacey's Kitchen spoke in favour of the application, and a number of nearby
residents attended in opposition to the proposed re-zoning; advising that, after
considering the report, letters, petitions and presentations, the Committee adopted the
staff recommendation with two additional Section 39 conditions relating to the installation
of automatic self-closing mechanisms on the rear exit doors and prohibiting the use of
the property for outdoor special events on Sundays and other specific religious days
and, as recommended in Part B of the staff recommendation, the Committee did not
exercise its authority to attach its own additional terms and conditions upon the
operation; and recommending that Common Council amend the City of Saint John
Zoning By-law by (1) adding the following to the list of zones in Section 30(1): "special
zones SZ#2"; (2) adding the following as Section 740(2):
"(2) Special Zone #2 (SZ#2)
(a) Uses
Any land, building or structure may be used for the purposes of, and for
no other purpose than,
(i) the following uses:
bank or financial institution;
business office;
church;
community centre;
dwelling unit;
electric substation or telephone exchange;
funeral home;
hotel;
institutional residence;
institution of an educational, governmental or philanthropic
nature;
public museum, library, park or playground;
personal service shop;
repair service shop;
subject to (b)(i), a redemption centre;
restaurant;
retail store;
school;
(ii) the following uses subject to such terms and conditions as may be
imposed by the Committee:
amusement place, including a theatre, a concert hall, a
billiard parlour, athletic or health club;
club or lounge;
subject to (b)(ii), a group care facility;
gasoline bar;
parking area;
cablevision facility;
a car sales lot or a mobile home or travel trailer sales lot;
a motel; a private club, fraternity or lodge without a licence
under the New Brunswick Liquor Control Act; a rooming
house; an efficiency apartment;
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subject to (b)(iii), a repair garage or service station, a car
wash and/or truck wash;
second-hand store;
drive-in or take-out restaurant;
a shop of less than 186 square metres for manufacturing of
bakery, candy, jam, ice-cream or confectionery goods;
dyeing and cleaning works; a laundry; printing
establishment or the manufacture or treatment of such
products incidental to a retail business conducted on the
premises;
an office or parking area for a taxi business;
(iii) subject to Section 830, an accessory building, structure or use,
incidental to a use, building or structure permitted in this zone.
(b) Conditions of Use
(i) a redemption centre shall be wholly contained within a
building and not have any outdoor storage associated with the
use.
(ii) a group care facility shall not be located within a 300-metre
radius from any other group care facility.
(iii) a repair garage or service station shall have
A. a minimum lot area of 930 square metres and a
minimum lot width of 30 metres;
B. an entrance or exit for motor vehicles not closer
than 30 metres from an entrance or exit to a
firehall, public or private school, playground,
theatre, church, hospital, institutional residence or
other similar institution;
C. no portion of the building used for a dwelling unit;
D. no fuel pump island located closer than 6 metres to
a street line.
(c) Zone Standards
Standards for development in Special Zone #2 shall be as set out in
Section 520(3), and Section 810 to 910 where this zone shall be
considered a "B-2" zone, a "B" zone, or a business zone, as the case may
be."
(3) deleting Section 520(2)(b)(ii); and (4) re-zoning a parcel of land located at 319-321
City Road, being the Haymarket Square Plaza (NBGIC Numbers 24059 and 20289),
having an area of approximately 6800 square metres (1.7 acres) from "B-2" General
Business and "1-1" Light Industrial to "SZ-#2" Special Zone #2 classification, subject to a
resolution pursuant to Section 39 of the Community Planning Act setting out the
following conditions: (a) the subject property will only ever have one facility with a club or
lounge licence at anyone time; (b) the size of the club or lounge shall be limited to a
maximum capacity of 201 persons; (c) there shall be no outdoor patio or seating area in
conjunction with the operation; (d) the club or lounge shall provide food service from a
kitchen facility on or adjacent to the premises; (e) the sound of any recorded or live
entertainment must not be detectable beyond the boundaries of the subject property; (f)
there shall be no outdoor special events permitted on the site on Sundays and the
following holidays: Holy Thursday, Good Friday, Thanksgiving Monday and Christmas
Day; and (g) an automatic self-closing mechanism must be installed on any rear exit
door, and such doors must be kept closed at all times.
Joanne Comeau of 25 Meadow Street, spoke against the proposed re-
zoning, noting the above-mentioned letter from her husband Rheal Comeau and her
opposition because of the noise and the activity behind the Club.
During discussion Mrs. Comeau confirmed that she would be satisfied if
there were no noise and if something could be done about crowd control at the back of
the Club.
Margaret Sheehan of Beach Road spoke in opposition to the proposed
amendment as the owner of two properties in the subject area; and expressed the view
that all of the houses on Meadow Street are exposed to the nuisance of Crowe's Place.
Mrs. Sheehan advised that her complaint was with the noise which emanates from the
business when the door is open, as well as the various things done by people leaving
the property; and suggested streets, other than Meadow Street, as accesses to the
property in question. Mrs. Sheehan also advised that, while when the dart club first
started there was no problem, there was now since the applicant has had a special
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license; and referenced a newspaper article of June 23 commenting on an incident that
happened outside Crowe's Place in February as an example of the sort of thing that
goes on in that area and was depreciating the value of properties there. Mrs. Sheehan
asked Council to deny the re-zoning.
(Councillor Titus withdrew from the meeting during the above
presentation. )
In response to an observation that Section 39 conditions could be placed
on the re-zoning with respect to the back door closure and noise thereby alleviating
some of the concerns of the neighbourhood, Mrs. Sheehan asked if such restrictions
could be enforced, and confirmed that she wanted the establishment returned to its
status as a dart club and the application for re-zoning to be denied.
Beverley Martin of 121 Prince Edward Street spoke in support of the
proposed re-zoning as a customer of Crowe's Place as one of the few drinking
establishments in the City that, as a single female, she feels fairly comfortable attending;
and advised that Kevin Dobson and his staff have always done their utmost to make
sure that fighting does not occur and that things are kept, as much as they can given the
nature of the business and people's personalities, safe and do what they can to eliminate
as much noise as possible. Ms. Martin expressed the view that it would not be fair to the
applicant and the business to deny the application based on noise and conditions that
are beyond his control once people leave the establishment.
Kevin Dobson, operator of Crowe's Place/Kacey's at 321 City Road,
spoke in support of his application, and expressed the opinion, having read the
objections of the residents in the area, that the residents are not fully aware of his
intention regarding the re-zoning. Mr. Dobson advised of community support provided
by Crowe's Place over the past five years in donations to various community projects;
and noted the recommended Section 39 conditions with respect to noise and the rear
exit door. Mr. Dobson suggested that perhaps a sound wall could be built just outside
the wall that would block any noise emanating to Meadow Street and, along with a self-
closure on the rear exit door, the noise problem could be alleviated.
Mr. Dobson, in response to questions, advised that, having been issued
an entertainment license by the Province, Crowe's Place has basically evolved into a
lounge and the re-zoning would more accurately reflect the operation being conducted
there and also that, while his special facility license requires him to apply to the Province
45 days prior to an event, the waiting period would be shortened with the re-zoning for a
lounge; and also that he was fully prepared to do whatever he had to do to alleviate any
problems with the residents as he did not want to be a nuisance to them.
On motion of Councillor White
Seconded by Councillor Trites
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John by (1) adding "special zones SZ#2" to the list of
zones in Section 30(1); (2) adding Section 740(2) setting out the uses, conditions of use
and zone standards for "SZ#2"; (3) deleting Section 520(2)(b)(ii); and (4) re-zoning a
parcel of land located at 319-321 City Road (NBGIC Numbers 24059 and 20289), having
an area of approximately 6800 square metres (1.7 acres), from "B-2" General Business
and "1-1" Light Industrial to "SZ-2" Special Zone #2, pursuant to Section 39 of the
Community Planning Act as recommended by the Planning Advisory Committee, be
read a first time.
On the exit door issue and the inclusion of a Section 39 condition as to its
use, Mr. Baird advised that required fire exit doors must be available for use with no
physical blocking and that, not being totally familiar with which doors are required doors,
staff could report back in more detail as to what could be done with respect to exit doors.
Councillor Desmond questioned the number of calls received by the Police Department
to the business in question, as well as the number of calls over noise, and the Mayor
advised that questions could not be asked of the Police Department at Council meetings
and, in order to get an answer to the question, Council would have to go through the
Police Commission. On a point of order, Councillor Chase questioned the presence of a
police officer at Council meetings to which the Mayor replied that, at Council's request, a
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police officer sits as Sergeant-at-Arms and the Police Commission has given authority
for that, but under no circumstances has the Commission given permission to allow
Council to ask questions of the police officer.
Question being taken, the motion was carried with Councillor Desmond
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 Trites
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John by (1) adding "special zones SZ#2" to the list of
zones in Section 30(1), its uses, conditions of use and zone standards; (2) adding
Section 740(2) setting out the uses, conditions of use and zone standards for "SZ#2"; (3)
deleting Section 520(2)(b)(ii); and (4) re-zoning a parcel of land located at 319-321 City
Road (NBGIC Numbers 24059 and 20289), having an area of approximately 6800
square metres (1.7 acres), from "B-2" General Business and "1-1" Light Industrial to "SZ-
2" Special Zone #2, pursuant to Section 39 of the Community Planning Act as
recommended by the Planning Advisory Committee, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor White
Seconded by Councillor Fitzpatrick
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
6(a) Zoning By-law Amendment
To Re-Zone 27 Paradise Row
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 27
Paradise Row (NBGIC Number 55143077), having an area of approximately 7200
square metres (1.8 acres), from "RM-1" Three Storey Multiple Residential to "B-2"
General Business classification, to permit the development of a building containing office
uses and apartments, as requested by Corporation 1906 Inc., and no written objections
were received in this regard.
6{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at its June 22 meeting
at which Hodges Hamm, on behalf of the applicant, indicated general support for the
staff report and recommendation and circulated revised plans attempting to address the
concerns regarding commercial access onto Millidge Street; advising that, should
Common Council give first and second readings to the proposed re-zoning, Section 39
conditions are expected to be recommended in the near future; and recommending that
Common Council give first and second readings to the re-zoning of a parcel of land
located at 27 Paradise Row (NBGIC Number 55143077), having an approximate area of
7200 square metres (1.8 acres), from "RM-1" Three Storey Multiple Residential to "B-2"
General Business classification, but that third reading not be given until such time as
appropriate conditions pursuant to Section 39 of the Community Planning Act can be
recommended.
Hodges Hamm, representing Corporation 1906 Inc. in support of the
application, spoke about Corporation 1906 Inc. in terms of its history in the City in
developing real estate projects, and its plans to develop the property in question into a
new and growing concept in real estate, being a combined commercial and residential
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condominium project. Mr. Hamm advised of the applicant's agreement with the Planning
staff recommendation on all points other than the one dealing with street access in that,
while staff would like the access provided directly from Paradise Row, the applicant
would like to have access onto Millidge Street; and apprised Council of a traffic count to
illustrate that there does not seem to very heavy traffic on this street and, even when
traffic would be flowing more heavily between 8:30 a.m. and 9:30 a.m. and 4:00 p.m. to
5:30 p.m., the traffic would be estimated to be approximately one car per minute at the
very most. Mr. Hamm made recommendations on how to improve the situation with
traffic entering and leaving Millidge Street onto Paradise Row, and advised that the
applicant was prepared to work with City staff to overcome the access problem by,
hopefully, partnering a deal on improving the existing Millidge Street which is considered
the best alternative.
(Councillor Titus re-entered the meeting during the above comments.)
Mr. Hamm responded to questions with regard to access and egress from
the subject site, and the issue of traffic concerns in the area.
(Councillors Titus and Trites withdrew from the meeting.)
On motion of Councillor Vincent
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 27 Paradise Row (NBGIC Number 55143077), having an approximate area of
7200 square metres (1.8 acres), from "RM-1" Three Storey Multiple Residential to "B-2"
General Business classification, 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 Ball
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 27 Paradise Row (NBGIC Number 55143077), having an approximate area of
7200 square metres (1.8 acres), from "RM-1" Three Storey Multiple Residential to "B-2"
General Business classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-law of the City of
Saint John.
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
(Councillor Desmond withdrew from and Councillor Titus re-entered the
meeting.)
7(a) Zoning By-law Amendment
To Re-Zone 525 McAllister Drive
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 525
McAllister Drive (being a portion of NBGIC Numbers 313429 and 55116941), having a
frontage of approximately 180 metres on McAllister Drive and extending to a line parcel
to and approximately 60 metres west of Lakewood Avenue, from "RS-2" One and Two
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Family Suburban Residential to "US" Utility and Service classification, to permit the
development of a municipal works depot for East Saint John, as requested by the City of
Saint John, and a letter (copies of which were distributed to Council members on this
date) was received from Mary 1. Lydon in opposition to the proposed re-zoning.
7{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and a letter of opposition
considered at the Committee's June 22 meeting at which Paul Groody, Commissioner of
Municipal Operations, described the proposal and the reasons for selecting the subject
site for the proposed Eastern works depot, and Sonia Thorn and Jim Crisp spoke
against the proposal; advising that the Committee was concerned that the proposal
would not be an appropriate fit with either the existing residential area or the proposed
business park; and recommending that the proposed re-zoning be denied.
(Councillor Trites re-entered the meeting.)
Sonia Thorn of 21 Morley Crescent spoke in opposition to the proposed
re-zoning; asked Council to support the Planning Advisory Committee's recommendation
to deny the re-zoning; and advised of her reasons for not approving of the re-zoning as
follows: (1) McAllister Drive is an already unsafe, high-traffic area and, in the proposed
area of the facility, there are only two traffic lanes, no sidewalks, inadequate street
lighting, and only one pedestrian crossing on either end, neither clearly marked; (2)
heavy equipment would be frequently entering and leaving the depot and this would
pose an added danger to pedestrians and motorists; (3) Highmeadow Park and Forest
Hills are residential areas and the roar from traffic noise, which is already a disturbance,
would only increase; (4) a legitimate concern for property values in the area with
business development allowed to almost overlap the residential area of Forest Hills and
despite the plan for a buffer zone the proposed facility would back onto Forest Hills and
be directly across the street from Highmeadow Park. Mrs. Thorn put forth suggestions
with regard to making McAllister Drive safer for pedestrians and motorists, the location of
the proposed facility in the Grandview Avenue Industrial Park, the re-zoning of the
proposed site as a greenbelt area for the future creation of a park-like setting, and
respect for the right of residents to enjoy quiet and comfort in their home surroundings;
and advised of her concerns, having made contact with the Department of the
Environment, about clean-up of possible salt spillage outside the sheds; salt-water runoff
destroying vegetation; the environmental impact of the landscape of East Saint John
over time; whether or not an environmental impact study had been done; the noise and
pollution involved in the operation of mixing of gravel and sand; the appearance of the
site; and the negative impact not only on residents but on present and future
development; and asked Council to carefully consider all concerns before allowing the
re-zoning to take place.
(Councillor Desmond re-entered the meeting during the above
comments.)
Jim Crisp expressed opposition to the proposed re-zoning as a property
owner in Highmeadow Park in the building closest to the proposed development; and
expressed concern about the traffic problems in the area.
Gordon Dalzell of 32 Dorothea Drive, in addressing Council in opposition
to the proposed re-zoning, expressed agreement with Mrs. Thorn's comments; and
suggested that, as there must be a residential base in order to maintain the economy,
zoning changes such as this were a bad sign to people who live in the subject area
because it could indicate that perhaps development would come first and the residents
second in terms of quality of life; and asked Council to deny the zoning change and ask
City staff to look at another location.
Bob Davidson spoke in support of the proposed re-zoning on behalf of
members of CUPE Local 18, the City's outside workers; noted the operational changes
made to the collective agreement, including the 24-hour 7 -day-a-week shifts which
ensure full services to the public every day; and expressed the view that the construction
of a new Eastern Works Depot on the City-owned property at 525 McAllister Drive would
allow Local 18 members to better serve the 25,000 citizens and businesses in that part
of the City. Mr. Davidson made the observation that the issue here was providing
community-based services, no different from police or fire; and requested that Council
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approve the construction of the Eastern Works Depot on McAllister Drive so that Local
18 members could better serve the citizens and businesses in that area in a quicker,
more efficient and better manner.
Paul Groody, Commissioner of Municipal Operations, in support of the
proposed re-zoning, apprised Council as to why 525 McAllister Drive was the preferred
location for the City's Eastern Works Depot, as well as of the open house held by City
staff on June 15 at the Forest Glen Community Centre to give the public an opportunity
to view the tentative site and building plans. Mr. Groody responded to concerns with
respect to traffic on McAllister Drive and Loch Lomond Road in terms of current and
future sidewalk projects for the area and the recommendations in the Transportation
Study for four-Ianing of Loch Lomond Road between Hickey Road and McAllister Drive,
and for the widening of McAllister Drive to four lanes from where the four lanes end near
the Forest Hills Baptist Church up to Loch Lomond Road. Mr. Groody expressed the
view that the proposed depot would not make a significant difference to the existing
traffic concerns, noted the full range of public works services to be provided from the
subject location with no body repair shop which had been the case previously nor would
it be a location for the maintenance and repair of equipment, with the extent of repairs to
equipment would be running repairs to typically occur during winter or other operations;
and commented in terms of the manner in which snow control routes would flow from the
central hub on McAllister Drive. Mr. Groody expressed the view that the location would
better serve the public, and that everything necessary would be done to ensure that the
facility was first-class, and also that this City facility at the subject location would
enhance, not detract from, the area; and made the observation that, rather than a heavy
industrial site, it would basically be a depot from which City employees and forces
operate, with the largest operation on site being the handling of materials - salt and
salt/sand mix, and that staff has been speaking with the Department of the Environment
to ensure that any concerns it has are fully addressed. Mr. Groody concluded that, with
limited resources, the focus was on City land to site the facility and to locate it where
operating costs would be kept to an absolute minimum, and a site from which the City
could deliver the best service possible.
Mr. Groody responded to questions with regard to the amount of traffic
that would be entering and leaving the site; consultation with City employees as to
location; the intent for the site to be as aesthetically-pleasing, well-organized and clean
as any of the other facilities located around it; priorities in terms of street reconstruction
and sidewalk projects for the subject area; anticipated operating costs out of the current
site for moving equipment to the rest of the service area compared to the anticipated
cost at the proposed location; and discussion about other possible sites, including
discussion with Saint John Industrial Parks Ltd.
On motion of Councillor Vincent
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 525 McAllister Drive (portions of NBGIC Numbers 313429 and 55116941),
having a frontage of approximately 180 metres on McAllister Drive and extending to a
line parallel to and approximately 60 metres west of Lakewood Avenue West, from "RS-
2" One and Two Family Suburban Residential to "US" Utility and Service classification,
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 Court
Seconded by Councillor White
RESOLVED that the by-law to amend the
Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land
located at 525 McAllister Drive (portions of NBGIC Numbers 313429 and 55116941),
having a frontage of approximately 180 metres on McAllister Drive and extending to a
line parallel to and approximately 60 metres west of Lakewood Avenue West, from "RS-
2" One and Two Family Suburban Residential to "US" Utility and Service classification,
be read a second time.
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JUNE 28, 1999
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.
The Mayor called for a motion to adopt sections (2) and (3) in the
recommendation made by Planning staff in its above-mentioned report to the Planning
Advisory Committee.
On motion of Councillor Trites
Seconded by Councilor Vincent
RESOLVED that Common Council (1)
require the Municipal Operations Department to retain a qualified landscape architect to
prepare a landscaping and buffering plan for the site at 525 McAllister Drive and the
adjacent City-owned buffer area, such plan to be subject to the approval of the
Development Officer; and (2) require the Municipal Operations Department to complete
the work indicated on the approved landscaping and buffering plan no later than one
year after the date of approval of the building permit for the development.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
* Added Item
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that an item regarding
settlement of proceedings with Keith Langford, be added to the agenda of this meeting
for consideration at this time.
Question being taken, the motion was carried.
(Councillor White withdrew from the meeting.)
*Re Settlement Of Proceedings
With Keith LanQford
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that the City of Saint John
accept the offer from Mr. Keith Langford's legal counsel to settle all matters relating to or
arising out of Mr. Langford's employment as a police officer with the Saint John Police
Force upon the following terms: (1) payment by the City to Mr. Langford as damages
$20,000 now and a further $20,000 per year on the second day of January, commencing
in 2002 and including 2004; (2) payment by the City to Mr. Langford of $10,000 per year,
commencing on May 14, 2015 for the rest of his life; (3) the obligation of the City under
(1) and (2) above ceases upon Mr. Langford's death; (4) costs of $1,500 and $15,000
payable to Petrie Richmond Goss In Trust; (5) a complete Release from Mr. Langford to
the City, the Mayor and Common Council, the Board of Police Commissioners, the Chief
of Police, all members past and present of the Saint John Police Force, and all
employees and representatives of those parties; (6) a written apology to Mr. Langford
from the Chief of Police and the Chairman of the Board of Police Commissioners for the
City of Saint John; (7) a letter from the Chief of Police to Mr. Langford stating the Force's
intention to issue a policy respecting race, upon which input would be sought from all
interested parties, including Mr. Langford, and confirming the retention by the Board of
Police Commissioners of an outside professional to assist with psychological and
emotional problems and to act as an advocate; (8) an opportunity for those named in the
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COMMON COUNCIL
JUNE 28, 1999
Complaints to meet with Mr. Langford, if they so desire; (9) a mutual confidentiality
agreement; and (10) the written acceptance by Mr. Langford of the settlement and
apology; and further that the Mayor and Common Clerk be authorized to execute any
documentation required to effect the aforesaid settlement.
Question being taken, the motion was carried.
(Councillor White re-entered the meeting.)
8. Pat MacPherson Re Lovalist Ladv
Read a letter from Pat MacPherson advising that she had developed a
Loyalist Lady doll, and would like the opportunity to make a presentation in this regard
before the Loyalist Heritage Festival commences.
Patricia MacPherson of 288 Prince William Street presented the Mayor
with dolls dressed in women's Loyalist-style clothing, which she had made, and advised
her intention to continue making Loyalist lady dolls, naming and attaching a story, in
some cases based on fact and others fictional, to each of them. Mrs. MacPherson
asked that the City accept the dolls to represent the Loyalist ladies of the City of Saint
John; and expressed the understanding that, as she would like to sell the Loyalist Ladies
to tourists and visitors, in order to sell to the public and to the cruise ships she would
have to pay approximately $450 and, if she sold all her dolls at $10 and $15, she would
never cover the expense.
(Councillors Desmond and Vincent withdrew from the meeting during the
above presentation.)
The Mayor thanked Mrs. MacPherson for her presentation and advised
that she would display her Loyalist dolls for her and, on the issue of the cruise ships,
advised that she would make a call for her but she would have to go through the Saint
John Port Authority to get permission for that.
(Deputy Mayor Chase and Councillor Chase withdrew from the meeting.)
9. Champlain Heights Home & School
Association - Community Plavpark Project
Margaret Thompson appeared on behalf of the Champlain Heights Home
& School Association and, referring to a previously-submitted brief on a proposed four-
phased community playpark for Champlain Heights, advised of the Association's
involvement in both the school and the surrounding community, not only during the
school year but also during the summer, having partnered since 1994 with Community
Services, Recreation and Parks Division, to provide an eight-week playground program;
noted the material accompanying her brief, including a scaled blueprint, a financial
statement, a cost breakdown of materials and services required, equipment quotes from
Little Tikes and a letter of commitment from Irving Oil Limited, the Corporate Sponsor;
and requested matching funds of $26,836 for 50% of the implementation costs of
Phases I and II pursuant to the Land for Public Purposes Fund.
(Deputy Mayor Chase and Councillors Chase and Vincent re-entered the
meeting during the above presentation.)
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that with regard to the
presentation on behalf of the Champlain Heights Home & School Association of a
proposal for a community playpark in Champlain Heights, Council authorize a
contribution of $26,836 from the Land for Public Purposes Trust Fund in support of the
development.
(Councillor Desmond re-entered the meeting.)
Question being taken, the motion was carried.
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JUNE 28, 1999
10. Marlene Charlton - Condition Of Property
At 600 Rothesav Avenue & On Tim Street
Marlene Charlton appeared before Council representing a number of
home owners with respect to her previously-submitted brief and petition, including
photographs, on the condition of the property occupied by Comstock of Canada at 600
Rothesay Avenue which is a commercial zone, and the property in a residential zone on
Tim Street used for storage; and offered to respond to questions in this regard.
The Mayor advised that Council was aware of and concerned about the
situation following visits to the area by Council members, and that it was a matter of by-
law enforcement.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the City Manager be
instructed to continue to monitor the above-mentioned sites and take whatever
enforcement steps are necessary.
Question being taken, the motion was carried.
(Councillors Fitzpatrick and Trites withdrew from the meeting.)
11. Mavor's Remarks
Mayor McAlary proclaimed June 21, 1999, as National Aboriginal Day in
the City of Saint John, and declared the City of Saint John's participation in the Trans
Canada Trail - Relay 2000, and as an official millennium project.
12. Property On Victoria Street
Read a letter from Councillor Court requesting an update from City staff
on properties on Victoria Street that were either to have been demolished or repaired, as
he has been receiving complaints from residents of that area regarding concerns relating
to unsightly properties, the possibility of fires, and the safety of their children.
Mr. Edwards referred to Common Council resolution of March 22, 1999
concerning the dangerous, dilapidated and unsightly condition of properties located at
150 Victoria Street and 75 Durham Street, both owned by Gambit Holdings &
Development Ltd.; and advised that an Order was issued by the Judge of the Court of
Queen's Bench to the owner of 150 Victoria Street to repair or demolish the building
within 15 days after which if it did not comply the City was authorized to demolish the
building and, if it were the case that the Order was served on the owner on this date as
arranged, 15 days from tomorrow the City would be in a position to call for tenders and
have that building demolished, so realistically the end of July should see the demolition
of the building. With respect to the building at 75 Durham Street, Mr. Edwards advised
that, in the time he made application to the Court of Queen's Bench and the application
was actually heard, seven buildings owned by Gambit Holdings were foreclosed and the
Bayview Credit Union now owns that building and, as a result, the Judge of the Court
instructed the City to bring a new application to Court against Bayview Credit Union and
he would issue the same order; however, in talking to Bayview Credit Union, it is its
intent to demolish not only the fire-damaged portion of 75 Durham Street but in fact the
entire building and, having received quotes, Bayview Credit Union's Board of Directors,
as he understands it, was to consider these on this date and hoped to be in a position to
award a tender for demolition tomorrow in anticipation that demolition of that building
would be complete within approximately 2 weeks.
(Councillors Fitzpatrick and Trites re-entered the meeting.)
On motion of Councillor Court
Seconded by Councillor Desmond
RESOLVED that the above letter from
Councillor Court be received and filed.
Question being taken, the motion was carried.
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JUNE 28, 1999
13. Accessibilitv To City Streets & BuildinQs
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the letter from Councillor
Titus advising that it has recently come to his attention that a number of citizens who
require a wheelchair for their mobility are having considerable difficulty with the condition
of a number of City street crossings, and find it difficult to navigate locations in and
around King's Square, the Loyalist Burial Ground, King Street and the City Market; and
proposing that City staff be required to do an inventory of locations in the City and
remedy those to improve access to all citizens -- be referred to the City Manager.
Councillor Trites suggested that a member of the Saint John Ability
Advisory Committee could perhaps assist staff in the above regard.
Question being taken, the motion was carried.
(Councillor Fitzpatrick withdrew from the meeting.)
14. Re Section 39 Conditions For
Re-zoninQ 1151 Golden Grove Road
Consideration was given to a report from the City Manager
recommending Section 39 conditions, if Council gives third reading to the proposed re-
zoning of property at 1151 Golden Grove Road, further to Council's request at the June
14, 1999 public hearing in this regard.
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that, if Council gives third
reading to the proposed re-zoning of property at 1151 Golden Grove Road, it be
pursuant to Section 39 of the Community Planning Act setting out the conditions as
recommended by the City Manager as follows: (a) the use of the property is limited to
residential and an office, showroom and material storage area (interior storage only) for
a building renovation contractor business; (b) the business indicated above in (a) is
limited to the existing garage; (c) no additions are permitted to the garage; (d) no outside
storage of material or garbage containers are permitted; (e) the hours of operation are
limited to Monday through Friday, 8:30 a.m. to 5:30 p.m. and Saturday, 10:00 a.m. to
1 :00 p.m.; (f) one non-illuminated, facia sign is permitted to advertise the business,
having a maximum area of 1.4 square metres (15 square feet); (g) the maximum number
of employees permitted to operate from the subject property is limited to five plus the
employer; and (h) no carpentry work or milling is permitted on the site.
Councillor Desmond asked if, although Mr. Catton agrees that he can
block up the upper driveway, a condition could be added that the upper driveway not be
used as an exit onto the Golden Grove Road on the blind turn, to which Mr. Baird replied
in the affirmative.
Moved in amendment by Councillor Desmond
Seconded by Councillor White
RESOLVED that the above motion be
amended by adding the condition that the upper driveway closest to the blind turn be
blocked off so that there is no exit onto Golden Grove Road.
Councillor Desmond confirmed that he talked with Mr. Catton and he was
agreeable with the above condition, and Mr. Nugent advised that it was in order for
Council to make an amendment anytime prior to third reading.
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended was carried with Deputy
Mayor Chase and Councillors Chase and Titus voting "nay".
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COMMON COUNCIL
JUNE 28, 1999
35. Zoning By-law Amendment
Re 1151 Golden Grove Road
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-505 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 1151 Golden Grove Road
(NBGIC Number 55099246), having an area of approximately 1.4 acres, from "RS-1 M"
One and Two Family and Mobile Home Suburban Residential to "B-2" General Business
classification, be read a third time and enacted and the Corporate Common Seal be
affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to the following conditions: (a) the use of the property
is limited to residential and an office, showroom and material storage area (interior
storage only) for a building renovation contractor business; (b) the business indicated
above in (a) is limited to the existing garage; (c) no additions are permitted to the
garage; (d) no outside storage of material or garbage containers are permitted; (e) the
hours of operation are limited to Monday through Friday, 8:30 a.m. to 5:30 p.m. and
Saturday, 10:00 a.m. to 1:00 p.m.; (f) one non-illuminated, facia sign is permitted to
advertise the business, having a maximum area of 1.4 square metres (15 square feet);
(g) the maximum number of employees permitted to operate from the subject property is
limited to five plus the employer; (h) no carpentry work or milling is permitted on the site;
and (i) the upper driveway closest to the blind turn be blocked off so that there is no exit
onto Golden Grove Road.
The by-law entitled, "By-law Number C.P. 100-505 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 Deputy Mayor Chase
and Councillors Chase and Titus voting "nay".
(Councillor Fitzpatrick re-entered the meeting.)
15. Tender For Fire Department Uniforms
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, the tender submitted by Atlantic Police & Security Supply Ltd. be
accepted for the supply of new uniforms for the Saint John Fire Department, as indicated
in the submitted bid summary.
Question being taken, the motion was carried.
16. Tender For Sand. Gravel. AQQreQates
On motion of Councillor Titus
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the tender for the establishment of a supply agreement for the
provision of sand, gravel and aggregates be awarded as indicated in the submitted
summary of bids, for a period of one year from the date of award by Council.
Question being taken, the motion was carried.
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COMMON COUNCIL
JUNE 28, 1999
17. Tender For Roof Replacement
On motion of Councillor Titus
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, the tenders of Martin's Roofing Ltd., in the amounts of $41,305.93
plus tax, and $36,636.31 plus tax, be accepted for roof replacement at Fire Station #1 at
45 Leinster Street, and the Municipal Operations Complex at 175 Rothesay Avenue,
respectively.
Question being taken, the motion was carried.
18. Tender For Contract 99-4
On motion of Councillor Titus
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Contract 99-4, crack sealing 1999, be awarded to the low tenderer,
Road Savers Maritime Limited, at the tendered price of $14,800, as calculated based
upon estimated quantities, and the Mayor and Common Clerk be authorized to execute
the necessary contract documents.
Question being taken, the motion was carried.
19. Tender For Contract 99-17
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, Contract 99-17, curb and sidewalk construction, be awarded to the low
tenderer, Fairville Construction Ltd., at the tendered price of $714,536.25, as calculated
based upon estimated quantities, and the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
Question being taken, the motion was carried.
20. Status Report - 1999 Capital ProQrams
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager, being the first update for the 1999 construction season for the period ending
May 31, further to Council's approval on April 6, 1999 of a system of status reporting for
capital programs whereby reports would be provided on a quarterly basis for the periods
ending May 31, August 31, November 30 and February 28 of each year; and advising
that, although it is staff's intention to provide Council with a detailed budget analysis as
part of the status reporting process, it is not possible to do so with this report as the new
financial management system is not yet fully in use to track costing information on
capital programs, and the detailed analysis will be available for the next and future
quarterly reports -- be received and filed.
Question being taken, the motion was carried.
21. Re Request For Funding From
L.R. Ross Trust To Support RowinQ
Read a report from the City Manager submitting a recommendation
further to the request to Council on May 25, 1999 of the Kennebecasis Rowing Club for
funding from the L. R. Ross Trust to host the 1999 Atlantic Rowing Championships on
July 3, 1999 and to utilize the majority of the funding towards improving the existing
clubhouse.
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COMMON COUNCIL
JUNE 28, 1999
On motion of Councillor White
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council approve the expenditure of $5,000 from the Lewden
R. Ross Trust Fund in 1999 to support the efforts of the Kennebecasis Rowing Club in
promoting the sport of rowing, as requested in the Club's letter to the Mayor and
Common Council dated May 20, 1999.
Question being taken, the motion was carried.
22. Re Tucker Park
Read a report from the City Manager further to Council's request at its
May 31, 1999 meeting for recommendations with regard to Tucker Park in terms of
appropriate signage, continued spot surveillance, stone/concrete barriers for controlling
in-Park vehicle traffic, and construction of a solid steel entrance gate to be opened and
closed during regular City park hours; advising how staff is addressing the situation, with
a cost of approximately $4,000 to address the immediate issues and a cost of
approximately $10,000 for a site development plan; and submitting a recommendation in
this regard.
On motion of Councillor Court
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, (1) Common Council authorize an expenditure from the Tucker Trust Fund to
engage professional services to develop a site plan for Tucker Park; (2) the amount of
the expenditure not to exceed $10,000; (3) the plan be presented to Council for
consideration and approval; and (4) the Tucker Trust Fund be considered for funding the
site development once a plan is approved.
Question being taken, the motion was carried.
23. Re Enhancement Of Fort Howe Blockhouse
Consideration was given to a report from the City Manager submitting a
brief chronological history of Fort Howe, further to the February 15, 1999 Council request
for staff to submit a plan of action to enhance the Fort Howe Blockhouse; suggesting a
number of items necessary to recognize Fort Howe as a major site in the development of
Saint John and New Brunswick, and also as a node on the New Brunswick Trail; and
advising that a thorough study of the site would cost approximately $7,350 and a
complete historical interpretation of the site with media presentations would cost
approximately $5,000 and, while there are no funds budgeted for this project at this time,
there may be funds available from the Land for Public Purposes fund should Council
wish to proceed with these projects.
On motion of Councillor Titus
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, (1) the City provide the same level of service in 1999 as it provided in
1998 with regard to Fort Howe; (2) Common Council approve an expenditure of up to
$15,000 from the Land for Public Purposes Trust Fund; and (3) the City Manager be
authorized to engage professionals with expertise in preservation of historical sites and
historical interpretation to develop a plan that could be used for enhancements.
Question being taken, the motion was carried with Councillor Desmond
voting "nay".
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COMMON COUNCIL
JUNE 28, 1999
24. Re Available Canteen Concessions
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council (1) authorize the Mayor and Common Clerk to execute
an agreement between the City of Saint John and the Saint John Y's Men Club for the
operation of the "A" Frame Canteen at Fisher Lakes in Rockwood Park and waive any
associated fees; (2) authorize the Mayor and Common Clerk to execute an agreement
between the City of Saint John and The Lancaster Kiwanis Club for the operation of the
canteen at Dominion Park Beach and waive any associated fees; and (3) the Lancaster
Kiwanis and the Saint John Y's Men provide all the necessary insurance for their
respective operations.
The Mayor noted the City Manager's revised report in the above regard
(copies of which were distributed to Council members on this date).
Question being taken, the motion was carried.
25. Lease Of Stalls No.8 - 9. City Market
The Mayor called for a motion to withdraw from the agenda of this
meeting the City Manager's report on the proposed lease of Stalls No.8 - 9 at the City
Market under item 25.
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that item 25 be withdrawn from
the agenda of this meeting.
Question being taken, the motion was carried.
26. Lease Of Stall No. 15. City Market
On motion of Councillor Trites
Seconded by Councillor Court
RESOVLED that as recommended by the
City Manager, (A) the City lease to Sagrati's Stall No. 15 in the City Market, for a period
of two years beginning August 1, 1999, using the City's usual form of lease for rental of
stalls in the City Market; (B) the rent to be as per Schedule "A" (City Market Fees) of the
City Market By-law, as amended from time to time; (C) the lease to specify the products
and services to be sold as outlined in the City Manager's submitted report dated June
22, 1999; (D) the lease to specify the tenant contribution to the City Market Promotion
Fund, which is equal to six per cent of rent and is in addition to rent, and HST will be
added to both the rent and the Promotion Fund fees; and (E) the Mayor and Common
Clerk be authorized to execute the necessary documents.
Question being taken, the motion was carried.
27. Re Petition From Residents Of Gerard Street/
Parkhill Drive/Bvron Street About Water Problems
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager referring to a petition received by Council on July 21, 1997 from residents of
Gerard Street, Parkhill Drive and Byron Street advising of water problems in the area;
and advising that correction of the problem would involve work entirely on private
property and the City does not have a mandate nor any obligation to enter on private
property to alleviate a situation such as this -- be received and filed and a copy be
forwarded to the people concerned.
Question being taken, the motion was carried.
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COMMON COUNCIL
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28. Re Request For Installation
Of Services. L10vd Street
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the report from the City
Manager explaining that, further to John Noddin's request to Council on October 5, 1998
for the City to install a sanitary sewer along Lloyd Street, installation of a sewer into this
area would be considered an extension which is not the responsibility of existing
ratepayers on the system and, as Council is aware, the idea of extending services is one
of great concern to the City -- be received and filed and a copy be forwarded to Mr.
Noddin.
Question being taken, the motion was carried.
29. Re Request To Place Fill
Material At 34 McKav Street
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the report from the
City Manager explaining, in response to Constance Northrup's request to Council on
June 14, 1999 for permission to place fill material at the back portion of her property at
34 McKay Street in Glen Falls, why adding fill material to her property is not
recommended; and advising of the approach to be taken, as discussed with and agreed
to by Mrs. Northrup and which would improve not only Mrs. Northrup's property but the
rear property yards at 43, 45 and 51 Brown Street as well, and that Mrs. Northrup has
abandoned her intentions to add fill material to her rear yard -- be received and filed and
a copy be forwarded to Mrs. Northrup.
Question being taken, the motion was carried.
30. Requested Improvements - GreQorv Lane
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that the report from the City
Manager, in response to the request to Council on May 25, 1999 for improvements to
Gregory Lane, explaining why Gregory Lane, as one of two hundred and twenty-nine
private roads in the City for which the responsibility for maintenance has always rested
with the landowners themselves, Gregory Lane cannot be considered in the same
category as some other private roads for which the City inherited some maintenance
responsibility and, accordingly, staff cannot recommend that the City assume
responsibility for its upgrading, although steps will be taken to provide the signage
requested and an asphalt apron will be installed at the intersection with Sand Cove Road
-- be received and filed and a copy be forwarded to the citizens concerned.
Question being taken, the motion was carried.
30A. Designation Of Building Inspector
For Enforcement ProceedinQs
Read a report from the City Manager advising that, in order to pursue
alleged violations of the Zoning By-law with regard to 303 Milford Road, 2243 Loch
Lomond Road, 2494 Loch Lomond Road and 233 Lancaster Street, which require an
application to the Court of Queen's Bench, it is necessary that Common Council adopt a
resolution designating the current Building Inspector, William Edwards, to initiate and
proceed with the application.
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COMMON COUNCIL
JUNE 28, 1999
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the following resolutions
be adopted, namely:
1. WHEREAS the property that is located at 303 Milford Road (NBGIC Parcel
Number 405373), Saint John, N.B., is zoned Neighbourhood Institutional (IL-1) under the
Saint John Zoning By-law, but is being used for the parking and/or storage of equipment
and vehicles and machinery, and
WHEREAS the use of a property for the parking and/or storage of equipment and
vehicles and machinery is not permitted in a Neighbourhood Institutional (IL-1) zone:
THEREFORE BE IT RESOLVED that Building Inspector William Edwards is
hereby designated and authorized to make an application on behalf of the City of Saint
John to the Court of Queen's Bench of New Brunswick for an Order which will require
that the violation of the Saint John Zoning By-law at 303 Milford Road (NBGIC Parcel
Number 405373), Saint John, N.B., cease within such time as a judge may direct.
2. WHEREAS the property that is located at 2243 Loch Lomond Road (NBGIC
Parcel Number 328187), Saint John, N.B., is zoned One and Two Family Suburban
Residential (RS-1) under the Saint John Zoning By-law, but the garage that is located on
it is being used as an automobile body repair shop, and
WHEREAS an automobile body repair shop use is not permitted in a One and
Two Family Suburban Residential (RS-1) zone:
THEREFORE BE IT RESOLVED that Building Inspector William Edwards is
hereby designated and authorized to make an application on behalf of the City of Saint
John to the Court of Queen's Bench of New Brunswick for an Order which will require
that the violation of the Saint John Zoning By-law at 2243 Loch Lomond Road (NBGIC
Parcel Number 328187), Saint John, N.B., cease within such time as a judge may direct.
3. WHEREAS the property that is located at 2494 Loch Lomond Road (NBGIC
Parcel Number 448183), Saint John, N.B., is zoned One and Two Family Suburban
Residential (RS-1) under the Saint John Zoning By-law, but the garage that is located on
it is being used as an automobile body repair shop, and
WHEREAS an automobile body repair shop use is not permitted in a One and
Two Family Suburban Residential (RS-1) zone:
THEREFORE BE IT RESOLVED that Building Inspector William Edwards is
hereby designated and authorized to make an application on behalf of the City of Saint
John to the Court of Queen's Bench of New Brunswick for an Order which will require
that the violation of the Saint John Zoning By-law at 2494 Loch Lomond Road (NBGIC
Parcel Number 448183), Saint John, N.B., cease within such time as a judge may direct.
4. WHEREAS the property that is located at 233 Lancaster Street (NBGIC Parcel
Number 366518), Saint John, N.B., is zoned One and Two Family Residential (R-2)
under the Saint John Zoning By-law, but the building that is located on it is being used
as a four-family dwelling, and
WHEREAS the use of the building as a four-family dwelling is not a use that is
permitted in a One and Two Family Residential (R-2) zone:
THEREFORE BE IT RESOLVED that Building Inspector William Edwards is
hereby designated and authorized to make an application on behalf of the City of Saint
John to the Court of Queen's Bench of New Brunswick for an Order which will require
that the violation of the Saint John Zoning By-law at 233 Lancaster Street (NBGIC Parcel
Number 366518), Saint John, N.B., cease within such time as a judge may direct.
Question being taken, the motion was carried.
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COMMON COUNCIL
JUNE 28, 1999
30B. Re Loyalist Days Inc.'s
Request For Assistance
Consideration was given to a report from the City Manager submitting,
further to Loyalist Days Inc.'s request to Council on June 14, 1999 for a financial
contribution, a copy of the 1999 budget for the Loyalist Heritage Festival; and
recommending the provision of financial assistance.
On motion of Councillor Titus
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, the City of Saint John provide financial assistance to Loyalist Days Inc. in the
amount of $1,000.
Question being taken, the motion was carried.
30C. Proposed Amendment To May 25,1999
Resolution Re Sale Of Old General Hospital
Read a report from the City Manager advising of the need to amend
Common Council resolution of May 25, 1999 authorizing the sale of the Old General
Hospital and Nurses' Residence sites, Matrix Management Inc. having requested a
closing date extension because of the extensive title search involved and, as a sign of
good faith, is willing to increase its deposit to $25,000.
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council amend its resolution of May 25, 1999 to sell the Old
General Hospital and Nurses' Residence sites to Matrix Management Inc. by deleting the
closing date of on or before June 30, 1999 and replacing it with on or before July 31,
1999; require a non-refundable deposit of $25,000 payable forthwith (the receipt of
$5,000 is acknowledged); and all other aspects of the resolution be the same.
Question being taken, the motion was carried.
31. City Market By-law Amendment
Re Julv 1. 1999 OpeninQ
Read a report from the City Solicitor submitting for Council's consideration
of third reading a proposed City Market By-law amendment which would allow the City
Market to be open for business on Thursday, July 1, 1999, first and second readings of
which were given at Council's June 14, 1999 meeting.
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number C-115-18 A By-law To Amend A By-law Relating To The Market In The City Of
Saint John", with regard to a July 1,1999 opening, be read a third time and enacted and
the Corporate Common Seal be affixed thereto.
The by-law entitled, "By-law Number C-115-18 A By-law To Amend A By-
law Relating To The Market In The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
32. Traffic By-law Amendment
ParkinQ On Candlewood Lane
Consideration was given to a report from the City Solicitor submitting for
Council's consideration of third reading a proposed Traffic By-law amendment which
would prohibit parking along the entire northern side of Candlewood Lane, which was
given first and second readings on June 14, 1999.
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COMMON COUNCIL
JUNE 28, 1999
On motion of Councillor White
Seconded by Councillor Trites
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 Candlewood Lane, be read a third time and enacted and the
Corporate Common Seal be affixed thereto.
Councillor Desmond advised that, while he was opposed to having no
parking on the street, he went out to look again at Candlewood Lane and it seems that
the people concerned want no parking on the east end of the street where there are two
townhouses across from each other; and asked if this could be delayed for more input
because he did not think that what Council was proposing to do would satisfy the
residents of the whole area. Councillor Chase concurred that the amendment would be
ineffectual and third reading should be delayed; and Councillor Titus spoke on the basis
of his impression that staff had communicated with the residents on Candlewood Lane
and the majority were in favour of the proposed amendment, and Mr. Groody advised
that, if it were Council's wish for staff to go door-to-door to see what the residents
wanted, staff would do so.
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that the above matter be
laid on the table for two weeks.
Question being taken, the tabling was carried.
33. Traffic By-law Amendment To
Remove LoadinQ Zone On Union Street
Consideration was given to a report from the City Solicitor submitting for
Council's consideration of third reading a proposed Traffic By-law amendment which
would remove the loading zone on Union Street between Charlotte and Germain Streets,
which was given first and second readings on June 14, 1999.
On motion of Councillor White
Seconded by Councillor Trites
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", to
remove a loading zone on Union Street, be read a third time and enacted and the
Corporate Common Seal be affixed thereto.
(Councillor Vincent withdrew from the meeting.)
Councillor Titus suggested that, while the space in question should be
used for parking, there should be no parking meters placed there.
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", was read in its entirety.
Question being taken, the motion was carried with Councillors Ball and
Titus voting "nay".
34. Municipal Plan Amendment And
Re-ZoninQ 812 Grandview Avenue
Read a letter from the Common Clerk advising that, following the
procedure for amendments to the Municipal Plan, the necessary advertising and public
presentation have been completed with regard to the submitted application of Thomas
Construction Limited for a Municipal Plan amendment and re-zoning of property at 812
Grandview Avenue; and also submitting written objections to the proposed amendment.
87 -588
COMMON COUNCIL
JUNE 28, 1999
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the application of
Thomas Construction Limited for a Municipal Plan amendment and re-zoning of property
located at 812 Grandview Avenue be referred to the Planning Advisory Committee for a
report and recommendation and the necessary advertising be authorized in this regard,
with the public hearing to be held on Monday, August 9, 1999, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
36. Street Closing By-law
Amendment Re Whipple Street
(Councillor Fitzpatrick withdrew from the meeting as he was not present
for the June 14, 1999 public hearing for the proposed Street Closing By-law amendment
with respect to Whipple Street.)
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "A By-
law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The
City Of Saint John", with regard to stopping up and permanently closing the following
portion of highway:
WHIPPLE STREET: All that certain part of a public street lying and being in the City of
Saint John, in the County of Saint John and Province of New Brunswick, more
particularly described as that part of the "Road laid out by Messrs. Coster and Fairly in
1860" as shown on a plan bearing date May 30th, 1861 signed by Joseph B. Whipple,
Deputy City Surveyor which is located within the limits of Parcel "A" (Area = 814m2) on a
plan titled "Plan and Field Notes of Survey of Parcel "A", Carleton Martello Tower
National Historic Park" City of Saint John, County of Saint John, Province of New
Brunswick, Canada Land Survey Records 82387 dated April 9, 1999 and filed in the
Saint John County Registry Office on April 27, 1999 as Number 10194612
-- be read a third time and enacted and the Corporate Common Seal be affixed thereto.
The by-law entitled, "A By-law To Amend A By-law Respecting The
Stopping Up And Closing Of Highways In The City Of Saint John", was read in its
entirety.
Question being taken, the motion was carried.
37. 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 Thursday, June 17, 1999, when
there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase,
Court, Desmond, Titus, Vincent and White, and your Committee submits the following
recommendations, namely:
1. That Councillor Stephen Chase be reappointed to the Fundy Region Solid
Waste Commission for a term of three years.
2. That as recommended by the City Manager, Common Council (1) accept
the proposal from Don Lagacy for the purchase and development of 2 Angus Court
(NBGIC Number 279299), and authorize the sale of 2 Angus Court to Don Lagacy for
the purchase price of $16,000 plus applicable taxes and closing costs, upon the terms
and conditions of Proposal Call REFM 99-3, with the bid deposit of $800 to be held as a
87 -589
COMMON COUNCIL
JUNE 28, 1999
down payment on the property; (2) reject the bid from Crystal Hodgin for the purchase
and development of 3 Angus Court (NBGIC Number 55117600); (3) accept the proposal
from Ronald Edward Wisted for the purchase and development of Lot 98-5, Latimore
Lake Road, and authorize the sale of Lot 98-5, Latimore Lake Road to Ronald Edward
Wisted for the purchase price of $17,000 plus applicable taxes and closing costs, upon
the terms and conditions of Proposal Call REFM 99-3, with the bid deposit of $850 to be
held as a down payment on the property; (4) authorize the Mayor and Common Clerk to
execute the necessary documents; and (5) thank all who submitted proposals; and
further that all other bid deposits be returned.
3. That as recommended by the City Manager, Common Council (1)
authorize the preparation and filing of a subdivision plan for the purpose of amending Lot
C, Osborne Avenue to create Lot C-1 and Parcel A (as generally shown on the
submitted plan); (2) authorize the sale of Parcel A, Osborne Avenue (as generally shown
on the submitted plan) to Mike Cavanagh Homes Inc. for the purchase price of one
dollar, and the closing date be on or before September 30, 1999; (3) authorize the sale
of Lot C-1, Osborne Avenue (as generally shown on the submitted plan) to Charles
Dunlop for the purchase price of $2,000 and the closing date be on or before September
30, 1999; and (4) authorize the Mayor and Common Clerk to execute the necessary
documents.
4. That as recommended by the City Manager, Common Council: (1) inform
the Exhibition Association of the City and County of Saint John (Saint John Exhibition
Association) that the City of Saint John intends to exercise its right to relocate/rebuild the
tower used in conjunction with harness racing that is presently located on Lot 98-2,
Golden Grove Road (formerly parcel 90-3); (2) authorize staff to open negotiations with
Agriculture Canada, its designate agency or consultant, to identify an alternate location
for the aforesaid tower and obtain the appropriate consent to move the tower to the
identified alternate location; (3) subject to the City's ability to relocate the tower to a site
acceptable to Agriculture Canada (or its designate agency) at a cost less than the
purchase price proposed herein, authorize the sale of Lot 98-2, Golden Grove Road, to
PCB Holdings Limited for the purchase price of $40,000 (plus applicable taxes), with the
cheque for $100 provided with the offer be held as a down payment and the purchaser
to provide the balance of the deposit ($3,900) on or before July 2, 1999, and the sale
close within 60 days after the tower has been relocated; and (4) authorize the Mayor and
Common Clerk to execute the necessary documents.
June 18, 1999,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
37.1. Appointment To Fundy
ReQion Solid Waste Commission
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
(Councillor Fitzpatrick re-entered the meeting.)
37.2. Re Proposal Call For Sale Of Property
AnQus Court And Latimore Lake Road
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
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COMMON COUNCIL
JUNE 28, 1999
37.3. Proposed Subdivision & Sale
Of Property On Osborne Avenue
On motion of Councillor Court
Seconded by Councillor Trites
RESOLVED that section 3 of the above
report be adopted.
Question being taken, the motion was carried.
37.4. Re Offer To Purchase
Lot 98-2 Golden Grove Road
On motion of Councillor Court
Seconded by Councillor Trites
RESOLVED that section 4 of the above
report be adopted.
Question being taken, the motion was carried.
38. Planning Advisory Committee
Creation Of Lot For NBTel
Tower - 1035 Hillcrest Road
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council assent to a subdivision plan for the
proposed lot at 1035 Hillcrest Road with respect to any required public utility easement
from Hillcrest Road.
Question being taken, the motion was carried.
39. Parking Commission
Proposal To Install Parking
Meters On Charlotte Street
On motion of Deputy Mayor Chase
Seconded by Councillor Trites
RESOLVED the report from the Saint John
Parking Commission listing background information with regard to a concern raised by a
number of merchants over the past few years about the lack of parking on Charlotte
Street between Union Street and King Square North; and recommending that the
proposed amendments to the City's Traffic By-law and the Parking Meter By-law be
given first and second readings and referred to the Legal Department for appropriate
action -- be received and filed and the recommendation adopted:
AND FURTHER that the by-laws to amend the Traffic By-law and the
Parking Meter By-law, with regard to parking Charlotte Street, be read a first time.
Councillor Ball suggested that the area in question could be used as a
pilot project Uptown to put forward a non-metered section using methods other than
meters, possibly a machine like that at the Aquatic Centre or some other method by
which parking could be monitored and controlled in the area and still receive financial
return.
87 -591
COMMON COUNCIL
JUNE 28, 1999
Moved in amendment by Councillor Desmond
Seconded by Councillor Court
RESOLVED that the above motion be
amended so that the parking meters are placed on the inside of the sidewalk next to the
buildings, if possible.
Mr. Totten advised that staff has looked on other occasions on
Canterbury Street, for instance, in an attempt to relocate parking meters against the
buildings; however, he would not want Council to insist that it be done in the event that,
depending on the layout, parking meters could stand in front of doorways and windows,
which was part of the issue experienced on Canterbury Street; however, he would
undertake to talk to Engineering and the Parking Commission and, if this could be
accommodated, staff would try it. Councillor Titus advised his intention to vote against
the amendment and the motion as he wanted no meters. Councillor Fitzpatrick
expressed concern about the amendment without knowing the repercussions and cost;
and Councillor Desmond agreed to add to the amendment the words "if possible".
Question being taken, the amendment to the motion was carried with
Councillors Ball, Fitzpatrick and Titus voting "nay".
Question being taken, the motion, as amended, was carried with
Councillors Ball and Titus voting "nay".
Read a first time the by-laws to amend the Traffic By-law and the Parking
Meter By-law.
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the by-laws to amend the
Traffic By-law and the Parking Meter By-law, with regard to parking on Charlotte Street,
be read a second time.
Question being taken, the motion was carried with Councillors Ball and
Titus voting "nay".
Read a second time the by-laws to amend the Traffic By-law and the
Parking Meter By-law.
40. Recreation & Parks Advisory Board
Re School Streetscape Projects
On motion of Councillor White
Seconded by Councillor Titus
RESOLVED that the letter from the
Recreation & Parks Advisory Board referring to the many school projects carried out by
students of Districts 1, 6 and 8 throughout Saint John and beyond, involving partnerships
with local government, corporate citizens, businesses, volunteers and the many students
planting marigolds, painting old walls and cleaning up around the City, and thanking and
congratulating the students for a job well done -- be received and filed.
Question being taken, the motion was carried.
41. Minister Of Industry - Establishment
Of National ShipbuildinQ Policv
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the letter from the Federal
Minister of Industry thanking the Mayor for her letter of March 31, 1999 concerning the
establishment of a national shipbuilding policy; and advising of the Federal
Government's involvement in the shipbuilding industry, currently maintaining a generous
package of measures that benefits shipbuilders -- be received and filed.
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COMMON COUNCIL
JUNE 28, 1999
Councillor Trites advised his intention to vote against the above motion on
the basis that a letter should be forwarded to the Minister advising him that Council did
not like his answer.
Question being taken, the motion was lost with all Council members
present voting "nay".
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that Council respond to Federal
Minister of Industry John Manley expressing its displeasure at his response and suggest
he has yet to deal with the issue of a national shipbuilding policy and that Council would
like to see him call a national conference or be available to meet with the Premiers and
others involved in this regard.
Question being taken, the motion was carried.
42. Letters Opposing Re-zoning
Of 1151 Golden Grove Road
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the letters in opposition to
the application of Vince Catton for the re-zoning of property at 1151 Golden Grove Road
-- be received and filed.
Question being taken, the motion was carried.
43. Carl K. Collins - Condition Of
Property 941 Golden Grove Road
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that the letter from Carl K. Collins
submitting a copy of a letter to Judy Collins, dated September 10, 1992, from the
Building and Technical Services Department, regarding a Zoning By-law violation with
respect to 941 Golden Grove Road; and asking to be advised of what has taken place
further to this as, at the present time, this property is unsightly, operating as a paint
shop, junk yard or body shop, with nine vehicles parking alongside the building -- be
referred to the City Manager for a report.
The initial motion proposed by Councillor Titus was to receive and file the
above letter whereupon the Mayor suggested that the matter should be referred back to
staff for a response.
Question being taken, the motion was carried.
44. Eric L. Teed Re
Tourist Information Service
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that the letter from Eric L. Teed
noting the tourist information service operated by the City of Saint John; and suggesting
that the provision of an accommodation service should be considered by the City as a
public service, with a fee to those who were registered on it -- be referred to the City
Manager.
Question being taken, the motion was carried.
87 -593
COMMON COUNCIL
JUNE 28, 1999
45. Letters Re Condition Of
Sidewalks On Greenhead Road
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that the letters bringing to
Council's attention the deteriorated condition of the sidewalks in the Greenhead Road
area, and asking for Council to view these sidewalks and respond to their concerns -- be
referred to the City Manager.
Question being taken, the motion was carried.
46. Jane Barry Re (a) Sidewalks On
Fundy Drive; (b) Property On Milford
Road; (c) Unsightly Premises, Mary's
Place, Dominion Park Beach; (d) Fill
Required In Bardslev Avenue Area
On motion of Councillor Desmond
Seconded by Councillor Fitzpatrick
RESOLVED that the letters from Jane
Barry (a) advising that she would appreciate Council considering replacing the asphalt
sidewalks on Fundy Drive; (b) asking to be updated on the zoning of the property behind
Milford Road overlooking the Irving Pulp Mill, on which heavy equipment is being stored
and material is being dumped; (c) referring to a property on a short street in the
Dominion Park Beach area, known as St. Mary's Place, that neighbours are anxious be
cleaned up and the buildings demolished; and (d) advising that residents in the Bardsley
Avenue area would appreciate the dumping of suitable material on the property adjacent
to Seaside Park bordering on 413 Bardsley Avenue to eliminate some of the water
problems-- be referred to the City Manager.
Question being taken, the motion was carried.
47. Garry Prosser - Planning Advisory
Committee's Authoritv Re Temporarv Use.
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that the letter from Garry
Prosser submitting a copy of his letter to the City Solicitor regarding the authority of the
Planning Advisory Committee to grant temporary use of property at 475 Latimore Lake
Road; and advising that the purpose in sending this to Council was to ensure this issue
is discussed and resolved in open session -- be referred to the City Solicitor for a report
to Council.
Question being taken, the motion was carried.
48. Merchant Navy Veterans' Association
Financial Assistance Re National MeetinQ
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the letter from Osborne
MacLean requesting Council's consideration in providing financial assistance to cover
the Merchant Navy Veterans' Association's National Annual General Meeting in Saint
John on July 16 - 18, 1999 -- be received and filed and a grant of $500 be approved.
Question being taken, the motion was carried.
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COMMON COUNCIL
JUNE 28, 1999
49. Doug Shippee - Assistance
Re Hot Air Balloon Competition
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the letter from Doug
Shippee requesting assistance for his balloon, "Marco Polo", to represent Canada at the
Hot Air Balloon World Championship in Austria, August 28 to September 5, 1999 -- be
received and filed and Council wish Mr. Shippee well in this regard.
Question being taken, the motion was carried.
50. University Of New Brunswick Re
City Of Saint John Award Recipient
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the letter from the
University of New Brunswick advising that the 1999 recipient of the City of Saint John
Award was Ms. Krista Helen Patrick of Hampton, NB -- be received and filed.
Question being taken, the motion was carried.
51. Lorneville Community & Recreation Association
Request For FundinQ For Community Projects
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that the letter from
Lorneville Community & Recreation Association Inc. requesting funding for two
community projects in Lorneville, the first being a beautification program for the
community centre located at 1141 Lorneville Road, the second being the establishment
of a groomed walking trail along the Lorneville coast from Splanes Beach to Ferguson
Head -- be received and staff be authorized to advance up to $5,000 pending a report in
response to this request for the next Council meeting.
Question being taken, the motion was carried.
52. Property Maintenance Ltd. Re
ParkinQ On Candlewood Lane
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from
Property Maintenance Ltd. expressing the view that the right thing for Council to do is to
accept the original staff recommendation to ban parking on Candlewood Lane,
consistent with the will of the majority of those concerned -- be received and filed.
Question being taken, the motion was carried.
53. Request For Permission To Operate
Barbecue 179 Prince William Street
Councillor Desmond proposed a motion, which was not seconded, to
refer the above request to the City Manager.
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the letter from Loyalist
Heritage Festival requesting, on behalf of Pam's Place, permission to operate a
barbecue on the sidewalk in front of its location at 179 Prince William Street, on
87-595
COMMON COUNCIL
JUNE 28, 1999
Tuesday, July 13, 1999 in honour of Heritage Day during the Loyalist Heritage Festival --
be received and the request be approved subject to any requirements regarding safety.
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk