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1989-11-14_Minutes 82-75 COMMON COUNCIL NOVEMBER 14,1989 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fourteenth day of November, AD. 1989, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. G. Taylor, City Manager; N. Barfoot, Deputy City Manager; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; 1. Totten, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; R. McDevitt, Fire Chief; C. Cogswell, Deputy Chief of Police; J. Johnson, Building Inspector; J. Baird, Planner; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. The meeting opened with the reciting of The Lord's Prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on November 6, 1989, be approved. Question being taken, the motion was carried. (Councillor Rogers entered the meeting.) Her Worship the Mayor proclaimed November 19 to 25, 1989 to be Drug Awareness Week in the City of Saint John. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne advising that the Minister of the Environment has announced funding of $2.6 million for a massive development program to be commenced next year to provide full sewage collection and treatment service to Saint John and that, over the next six years, the Province will be budgeting substantial amounts of money to fulfill this obligation to the City, and further that the Assistant City Manager- Operations advises that there is money set aside from the Province to assist the City for consulting services, if required; suggesting that it imperative that the City be prepared to submit to the Provincial Government in the near future its priorities regarding full sewage collection and treatment services to the City; and recommending that this matter be referred to the City Manager and appropriate staff for immediate action -- be received and filed and the recommendation adopted. Her Worship the Mayor advised that there is funding available within the above-mentioned $2.6 million to assist the City in a comprehensive study of all relative sewerage collection and treatment that is required for the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 82-76 COMMON COUNCIL NOVEMBER 14,1989 1. Solid Waste Study AD.1. Ltd. Original contract amount Total work done, Estimate Number 5 Retention Sum recommended for payment, Progress Estimate Number 5, dated November 7, 1989 Final payment $30,000.00 30,000.00 NIL $ 2,794.12 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the contract for supplying work clothing for C. U. P. E. Local 18 employees, for the period December 1, 1989 to November 30, 1990, be awarded to Hoffman's Ltd., at the unit prices tendered as indicated in the submitted bid summary. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the application of Hughes Surveys & Consultants Ltd. for a Municipal Plan amendment and re-zoning of 1260 Manawagonish Road, which was tabled at the public hearing of October 23, 1989 with no readings given and further tabled on November 6, 1989; commenting on the November 7 meeting of the applicant and twenty-seven area residents at which there did not appear to be any compromise position available which was acceptable to the applicant and the area residents, and that the area residents are clearly overwhelmingly opposed to both the townhouse and office proposal and are willing to accept only single-family development on the site; and recommending that the application be taken from the table and the Planning Advisory Committee's recommendation be considered, such recommendation being that (1) the Municipal Plan amendment and re-zoning of the 14,300 square foot portion of 1260 Manawagonish Road for commercial development not be approved; and (2) the re- zoning of the remainder of the property at 1260 Manawagonish Road from "R-1A" One- Family Residential to "RM-1" Three-Storey Multiple Residential classification be approved, subject to an agreement pursuant to Section 39 of the Community Planning Act which would require that the site be developed in accordance with a detailed plan, forming part of the agreement, which would contain the following elements: (a) a two- storey building for the four-units located in the northeast portion of the site; (b) a revised exterior building design compatible with existing structure; (c) a fence to separate the existing development from the proposal; and (d) a landscaping plan; and (3) third reading not be given until the agreement is executed. Consideration was also given to a request of Mr. Mark Wilson to make a statement at this meeting on behalf of residents of the Quinton Heights area regarding the application to re-zone 1260 Manawagonish Road, and to petitions (a copy of one petition having been distributed to Council members at this meeting) and letters from Mark and Moira Wilson, Elva Rose, Arlene Donovan, Joan M. and J. Fred O'Brien, Rosemary A Lahey, Shirley I. Pettifer, Burton H. Galbraith, Gordon E. Miller, and P. B. Zwicker, expressing opposition to the proposed re-zoning of 1260 Manawagonish Road; and (b) a letter from Mr. Peter 1. Zed, solicitor, advising that he and the applicant will be present at this meeting should Council require any further clarification, and requesting Council to adopt the staff and Planning Advisory Committee recommendations with respect to the townhouse development and to approve the application for a "B-2" zoning subject to a Section 39 agreement limiting use of the property to a business office with the City staff retaining control of the site development and building restoration; as well as to copies of letters to the Planning Advisory Committee (copies of which were distributed to Council members at this meeting) in opposition to the application. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the 82-77 COMMON COUNCIL NOVEMBER 14,1989 Planning Advisory Committee, the Municipal Plan amendment and the re-zoning of the 14,300 square foot portion of the site at 1260 Manawagonish Road for commercial development not be approved. Mr. Brown, in reply to a query of Councillor Knibb, expressed the understanding that the area residents are firm in their desire to have single-family residential development on the site and are in opposition to the commercial development as well as to the townhouse complex as proposed, and confirmed that staff does not agree with the proposed office use of the existing building and that it is preferable to have the building renovated for residential development and further that the land behind the existing building is appropriate for and should be developed for the townhouse complex. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the application of Hughes Surveys & Consultants Ltd. for the re-zoning of property at 1260 Manawagonish Road from "R-1A" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification be denied. Mr. Brown confirmed Councillor Rogers' observation that approval must be given to the development of the office complex and the townhouse development in order for the applicant to proceed. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the correspondence regarding the above matter be received and filed. Question being taken, the motion was carried. Read 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 begs leave to report that it sat on November 6, 1989, when there were present Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the second term and condition in the resolution enacted on October 10, 1989 to sell Site "H" on Chesley Drive (L.R.I.S. Number 426122) to Westmorland Leasing Corp. be amended so that the option ends April 30, 1990 and, in all other aspects, the terms and conditions remain the same. 2. That as recommended by the City Manager, (1) the land lying between 58 and 64 Montgomery Crescent being part of L.R.I.S. Number 30304 be sold to Frank and Nancy Comeau for a price of $9,000.00 with the sale to be completed within 1 month of filing of the subdivision plan required to create the lot; and (2) the City retain an option to reacquire the property for the purchase price if it is not developed with a one-family dwelling within 1 year of the transfer of title. Respectfully submitted, 82-78 COMMON COUNCIL NOVEMBER 14,1989 Tuesday, November 14, 1989, Saint John, N.B. On motion of Councillor Knibb (sgd.) Arthur L. Gould, C h air man. Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Council assent to a subdivision plan prepared in accordance with the submitted tentative plan photo-reduction with respect to the proposed 79 square meter (850 square foot) widening of the northeast corner of Waterloo and Union Streets. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the letter from Betty Day advising that the driveway to her home at 497 Sandy Point Road is situated just over the top of a blind knoll on a very dangerous bend in the Road adjacent to the Hazen White-St. Francis School and out of sight of approaching traffic, and that there are no signs present to warn motorists of hidden drives or the presence of children in the area; and requesting that this matter be brought to the attention of the appropriate department in hopes of having proper signs installed before a very serious accident occurs or a small child is seriously injured or killed on his way to or from school -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Board of Trade regarding the conclusion of an agreement between the City of Saint John and the Province of New Brunswick to make the expansion to the sewage treatment facility in West Saint John a reality; and commending the City and expressing continued support in the implementation of the plans necessary to make the improvements -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from the Saint John Board of Trade expressing the opinion that it is necessary to promote business opportunities which exist in this area to other New Brunswick, Atlantic, Canadian and Northeastern Maine locations, and that 1990 is an opportunity to introduce a comprehensive advertising campaign, and that the talent to create such a 82-79 COMMON COUNCIL NOVEMBER 14,1989 campaign exists in the Province; and assuring that, if Common Council were to approve an expenditure of money in 1990 to carry out such an advertising campaign, the Board of Trade would support the effort -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mr. William Straight asking Council to address a problem with regard to Rehabitat Inc.'s building of housing on 67 Broad and 158 Britain Street as there is a parking problem on these streets now and new buildings will create bigger parking problems; expressing concern about vandalism in the area; and expressing the opinion that, as there are vacant apartments in the area now, more buildings are not needed, and more parking is needed -- be received and filed. Councillor Coughlan proposed that the above matter should be referred to the City Manager whereupon Mr. Taylor suggested that the letter should be received and filed on the basis that the Planning Advisory Committee has already approved the parking variance, and Mr. Brown confirmed that the motion to receive and file is in order on the basis of his understanding that an appeal has been made to the Provincial Planning Appeal Board in this regard. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the West Side Preservation and Development Association regarding an agreement for the restoration of the former Tilley Square whereby the Association would build the historic bandstand and the City would beautify the Square; advising that a design for the bandstand has been developed by City staff and the costing is underway and that a committee has been formed by the Association to raise the funds in this regard; and requesting, on the understanding that the remaining costs for this project are to be included in the capital budget which will be before Council shortly for ratification, Council's support for this project -- be referred for consideration in the capital budget. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Saint John Hearing Society Inc. requesting a funding grant to help offset certain expenses of two workshops it is sponsoring on December 1 and 2 which will provide participants with information and strategies for improved interaction and awareness -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from the Elizabeth Fry Society of Saint John advising that it has come to the attention of the Society that Correctional Services of Canada is considering establishing residential facilities for women on parole and that Moncton is the favoured location; submitting a copy of a motion adopted by the Society urging Council to use its influence to sway the decision regarding the housing of Federally-sentenced women from Moncton to Saint John, as well as a copy of a list of advantages of maintaining a womens' correctional centre in Saint John which was discussed with the Members of the Legislative Assembly of the Province of New Brunswick in January 1989; and commenting on the 82-80 COMMON COUNCIL NOVEMBER 14,1989 programs offered in Saint John by the Society -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk