Loading...
1989-11-20_Minutes 82-81 COMMON COUNCIL NOVEMBER 20, 1989 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of November, AD. 1989, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. G. Taylor, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; B. Sheridan, Director of Parks; G. Tait, Deputy Fire Chief; A Martin, Assistant Deputy Chief of Police; J. Johnson, Building Inspector; N. Hill, Heritage Planner; C. Campbell, Manager of Policy Planning; M. Hanlon, Purchasing Agent; Ms. Y. Huntington, Director of Tourism; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Father John Mooney, Pastor of St. Pius X Roman Catholic Church, offered the opening prayer. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on Tuesday, November 14, 1989, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the 15th Portland Scout Troop who are working on their citizenship badge, and briefly explained the Council meeting procedure. Councillor M. Vincent commended Messrs. Patrick Palmer and D. Goss, the City's Athletic Supervisor and Recreation Supervisor, respectively for the article published in the November 1989 issue of Recreation Canada magazine on Saint John's Major Tournament Committee; and Councillor A Vincent asked that the Mayor forward on behalf of Common Council a letter of congratulations to Mr. Wallace Turnbull who was named Chancellor of the Anglican Church of the Diocese of Fredericton. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that a report from the City Manager (copies of which were distributed to Council members earlier this date) regarding the tender for calendars be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Councillor Coughlan asked if, in view of Councillor Landers' concern about noise pollution considered by Council on November 6, it would be in order to refer to the Environment Committee or to staff the Mayor's letter (copies of which were forwarded to Council members as an information item) submitting copies of correspondence between St. John the Baptist Church and Lantic Sugar Limited and her letter to Lantic Sugar Limited asking if anything could be done to alleviate the noise pollution problem from the plant. The Mayor noted that she was absent from the November 6 Council meeting and that, as indicated in the submitted correspondence, the complaint from St. John the Baptist Church was received by her Office prior to that 82-82 COMMON COUNCIL NOVEMBER 20, 1989 meeting and resulted in her letter to Lantic Sugar Limited and its response of November 8, 1989 to St. John the Baptist Church indicating that action has been taken to rectify the problem. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the above letter from the Mayor be added to the agenda for consideration at this meeting. The Common Clerk advised that the necessary advertising was completed with respect to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a lot containing approximately 7,525 square meters (81,000 square feet) located at 1361 Hickey Road (L.R.I.S. Number 313072), from Low Density Residential to District Centre Commercial Classification; and (b) re-zoning the same lot of land from "RS-2" One and Two-Family Suburban Residential to "B-2" General Business classification, to permit the development of a self-service coin operated car wash, as requested by The Bright Works, Limited, and that a letter in opposition to the proposed amendments was received from Mr. Allan R. McCarville. Consideration was also given to a letter from the Planning Advisory Committee recommending that (1) Schedule 2-A of the Municipal Development Plan be amended by redesignating from Low Density Residential to District Centre Commercial classification a lot containing approximately 7,525 square meters (81,000 square feet) and located at 1361 Hickey Road (L.R.I.S. Number 313072); and (2) the same area be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business Classification, subject to an agreement pursuant to Section 39 of the Community Planning Act which will: (a) limit the development to the proposed car wash; (b) require that the site be developed in accordance with a detailed site plan approved by the Development Officer which will include among other things; (i) building location; (ii) paved areas; (iii) poured in place concrete curbing; (iv) landscaping including sod and trees; and (v) all freestanding signs; (c) require that curb and storm sewer be provided on the Hickey Road frontage in accordance with the plan approved by the Chief City Engineer; (d) require all work in (b) and (c) to be completed by June 30, 1990; and (e) require that an easement be provided for water transmissions lines on the site which do not have easements, all documentation to be prepared by the City, but executed at no cost by the applicant before June 30, 1990. Mr. John Logan, solicitor for the applicant, appeared in support of the application and offered to respond to Council queries in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a lot containing approximately 7,525 square meters (81,000 Square Feet) at 1361 Hickey Road (L.R.I.S. Number 313072), from Low Density Residential to District Centre Commercial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a lot containing approximately 7,525 square meters (81,000 square feet) 1361 Hickey Road, (L.R.I.S. 82-83 COMMON COUNCIL NOVEMBER 20, 1989 Number 313072), from Low Density Residential to District Centre Commercial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. 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 lot containing approximately 7,525 square meters (81,000 square feet) at 1361 Hickey Road (L.R.I.S. Number 313072), from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a lot containing approximately 7,525 square meters (81,000 square feet) at 1361 Hickey Road (L.R.I.S. Number 313072), from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an approximately 13-acre portion of two lots fronting on 500 Westmorland Road (L.R.I.S. Numbers 55061147 and 55061139), located between the extension of Mark Drive and Major's Brook, from "SC" Shopping Centre in June 1988 subject to a Section 39 agreement and the applicant wishes to begin the process of re-zoning again so that separate agreements can be negotiated for each property, as requested by Clearview Mobile Homes Ltd., and that a letter in opposition to the proposed re-zoning was received from William and Hasell Kerr. No person was present with respect to the proposed re-zoning. Consideration was also given to a letter from the Planning Advisory Committee recommending that (1) a 13-acre portion of two lots fronting on Westmorland Road Drive and Major's Brook be re-zoned from "SC" Shopping Centre to "1-2" Heavy Industrial classification; and (2) third reading not be given to the above re- zoning until: (a) all obligations of the 1988 Section 39 agreement for the property are completed with respect to the conveyance of land for the widening of Westmorland Road, and (b) a 6 meter (20 foot) easement is granted for NB Tel in the area where 82-84 COMMON COUNCIL NOVEMBER 20, 1989 Mark Drive extension is to be developed in the future. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 13 acre portion of two lots fronting on Westmorland Road (L.R.I.S. Numbers 55061147 and 55061139) and located between the extension of Mark Drive and Major's Brook, from "SC" Shopping Centre to "1-2" Heavy Industrial classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 13-acre portion of two lots fronting on Westmorland Road (L.R.I.S. Numbers 55061147 and 55061139) and located between the extension of Mark Drive and Major's Brook, from "SC" Shopping Centre to "1-2" Heavy Industrial classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. Councillor Fitzpatrick proposed a motion, which was seconded by Councillor Flewwelling that recommendation (2) above of the Planning Advisory Committee be adopted, whereupon Mr. Rodgers advised that, according to information that was received earlier this date, the deeds are being forwarded to the City and, if there is any problem with same, Council will be notified before third reading of the amendment. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 257 Westmorland Road Neighborhood Institutional classification, to permit the existing building to be used for a special care home, as requested by Theresa Guitar, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee advising that the submitted Planning staff report and letters of objection were considered at its November 15, 1989 meeting, and recommending that the application of Theresa Guitar not be approved. Mr. L. R. Creamer of 245 Westmorland Road appeared in opposition to the proposed re-zoning of 257 Westmorland Road and, in referring to his letter to the Planning Advisory Committee of which a copy was submitted with the above letter from the Committee, advised that he would be prepared to respond to Council queries in this regard. Miss Theresa Guitar appeared in support of her application for re-zoning the above property so that she could open a special care home for nine senior citizens and expressed the opinion that the land requirements are unreasonable on the basis 82-85 COMMON COUNCIL NOVEMBER 20, 1989 that there are special care homes licensed for six persons that have much less property than the subject site, and further that the Coordinator of Adult Residential Services has inspected the property and approved it on condition that certain renovations are carried out, and asked why, if a government representative feels that the property is appropriate, City officials would reject the application. Miss Guitar asked Council to recognize that, with the aging population in the City, there will be an even greater need for such special care homes in the future and to approve her application. Miss Guitar, in response to queries of Councillor M. Vincent, commented on the nature of renovations recommended by the Provincial Government representative and advised that City officials have not given her any indication of what changes would have to be made; and Mr. Johnson explained that, with respect to the indication in the Planning staff report submitted with the Committee's letter that the Building Code would require a significant increase in standards of construction while a reduced number of applicants would permit typical single-family standards to be applied, the Building Code would allow an owner of a building who is residing in the building to take up to eight roomers/borders and consider it to be basically a single- family dwelling; however, beyond that number, the building would have to be constructed to the same basic standards for which a hotel would be constructed. On motion of Councillor Rogers Seconded by Councillor A. Vincent RESOLVED that the application of Theresa Guitar for the re-zoning of 257 Westmorland Road be approved. Question being taken, the motion was lost with the Mayor and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Theresa Guitar for the re-zoning of 257 Westmorland Road be denied. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Planning Advisory Committee regarding the above matter be received and filed. Question being taken, the motion was carried. Mr. Charles McTague, Vice Chairman of the Preservation Review Board, introduced members of the Board who were present at the meeting and, following a slide presentation highlighting the Board's activities in 1989, presented to Council Boards proposed 1990 program and budget, the 1990 program consisting of a work program similar to that approved by Council in 1989 with the exception of a major new initiative and grant program entitled "Rehabilitation" which is in response to the Goals of Saint John's call for initiatives to rehabilitate the empty upper floors of historic commercial blocks in the core area, and recommended that (1) Common Council approve the proposed 1990 program and operating budget of the Preservation Review Board, and (2) take under advisement the proposed capital budget of the Preservation Review Board during the meeting of the municipal capital budget. Mr. McTague also presented the King Square Master Plan, the purpose of which is to ensure the preservation and enhancement of a beautiful and historic public garden in the heart of the City, and recommended that Common Council approve the Master Plan for King Square. Her Worship the Mayor thanked the members of the Preservation Review Board for their service to the City and particularly for their focus on the 82-86 COMMON COUNCIL NOVEMBER 20, 1989 rehabilitation of upper floors of buildings and restoration work in the Loyalist Burial Ground, and advised that Council would render a decision on the presentation later in the meeting. Consideration was given to a letter from Councillor Landers requesting that staff report to Council on the status of several unsightly properties in the Indiantown area, including the derelict hulks and barges which, according to information submitted to Council, were to be removed no later than September 30, 1989 and respecting properties fronting on Bridge Street. Mr. Johnson requested to report to Council at its next meeting on the matter of hulks and barges as, based on discussion with the Port Corporation earlier this date, there appears to be problems in this regard, and further that a report should be submitted to Council by early January on the general concern referenced by Councillor Landers about unsightly premises in the Indiantown area. On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that the above letter from Councillor Landers be received and filed pending a report from staff at the next meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Standard PavinQ Maritime Limited - supply of asphalt October 17, 25-31, 1989 - supply of asphalt November 1-7, 1989 - supply of asphalt November 8-14, 1989 $39,345.53 $45,406.83 $33,686.41 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Carpentry Shop - Phase II Shamrock Construction Ltd. Original estimated value of contract Total work done, Estimate Number 4 Payments previously approved Retention Amount recommended for payment, progress Estimate Number 4, dated November 15, 1989 $156,812.00 159,393.53 138,884.51 NIL 20,509.02 Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising of a request from Mr. Thomas J. Zed, solicitor for Iva E. Morrell and Joseph G. Daigle, for an easement for the encroachment of their building on Latimer Lake Road, and recommending adoption of the submitted resolution, which was prepared by the Legal Department. On motion of Councillor Flewwelling Seconded by Councillor Coughlan 82-87 COMMON COUNCIL NOVEMBER 20, 1989 RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute an easement in favour of Iva E. Morrell and Joseph G. Daigle, the present owners of property situate on the northern side of Latimer Lake Road, to permit the encroachment of the building upon the said Latimer Lake Road, such easement to terminate with the destruction or removal of such easement. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising of a request from Mr. Stephen Ring, solicitor for Robert S. Donovan and Linda I. Nickerson, for an encroachment of their building upon Adelaide Street and Bryden Street, and recommending adoption of the submitted resolution which was prepared by the Legal Department. On motion of Councillor Gould Seconded by Councillor A. Vincent RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute an easement in favour of Robert S. Donovan and Linda I. Nickerson owners of 153-155 Adelaide Street, to permit the encroachments of the building upon Adelaide Street and Bryden Street, such easement to terminate with the destruction or removal of each of the encroachments. 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 tender of Kwik Kopy Ltd. be accepted for supplying 10,000 calendars at a cost of $1,164.00 per 1,000. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting copies of correspondence with regard to concerns of Reverend R. J. Stack of St. John the Baptist Church concerning noise pollution from Lantic Sugar Limited -- be received and filed. Councillor Landers asked that the City Solicitor consider the above correspondence in his review of the Noise By-Law. Question being taken, the motion was carried. Read a letter from the City Solicitor expressing the opinion that, with regard to the request from the Solicitor for Mr. Willard Trites by Council on October 23 to either submit another application for the re-zoning of 327 Charlotte Street or appear on the application denied at the September 25 public hearing, it would be reasonable to permit Mr. Trites to make another application if he so wishes, in view of the circumstances surrounding the public hearing at which time the applicant was in the audience and through confusion with his lawyer was not represented at the hearing and did not feel comfortable in speaking before Council on his own behalf. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that Mr. Willard Trites be advised that he is allowed to submit a new application for the re-zoning of 327 Charlotte Street. 82-88 COMMON COUNCIL NOVEMBER 20, 1989 Question being taken, the motion was carried. (Councillor Rogers withdrew from the meeting.) 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 Tuesday, November 14, 1989, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (A)(1) the minimum standards program continue through 1990 and 1991 to investigate potential problems with a target of 1500 additional properties investigated each year; (A)(2) staff enforce the Minimum Property Standards By-Law in order to eliminate poor housing conditions within the City; and (A)(3) staff follow an ongoing program to ensure that the housing stock cannot revert back to an unacceptable standard; (B) the Provincial Government be requested to consider a revision to the Residential Tenancies Act to require a property owner to keep all rented premises in a condition that complies with the Provincial Residential Properties Maintenance and Occupancy Code and municipal minimum property standards by-laws; and (C) the Provincial Departments involved in the delivery of housing to needy New Brunswickers, namely, the Departments of Health and Community Services and Income Assistance, be requested to take any steps necessary to ensure that all New Brunswickers, especially those receiving government funding or support, live in housing units that comply with the provincial and municipal regulations. 2. That as recommended by the City Manager, (1) Common Council resolution of February 27, 1989 concerning the rental for land at 41 Hanover Street be rescinded; and (2) the rental for the land at 41 Hanover Street leased to Trecartin Bros. Ltd. in 1968, which lease has been assigned to Catherine A. Farrell, Shirley E. Regan, Olga Grant and Mary E. Goodfellow, be set at $7,500.00 per year in advance for the period November 1, 1988 to October 31, 2003, being calculated as 7 1/2% of the agreed land value of $100,000.00 as specified in the lease. 3. That as recommended by the City Manager, the proposals received for the development of Site B - Chesley Drive be rejected. November 20, 1989, Saint John, NB Respectfully Submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Gould Seconded by Councillor Fitzpatrick RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 82-89 COMMON COUNCIL NOVEMBER 20, 1989 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of an agreement with Donald and M. Elsie Chamberlain for the placement of a garden suite at 56 Charles Street, pursuant to Section 101 of the Community Planning Act, to be registered in the Registry Office and covering such matters as: occupancy of the unit, municipal services and public utilities, removal of the unit when no longer needed, and requiring that the lot not be subdivided. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Mr. Dallas Moyer, an employee of the Fire Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. (Councillor Rogers re-entered the meeting.) On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Steve Vair, President of the Lancaster Senior "C" Hockey Club, submitting the Club's response from the Recreation and Parks Advisory Board to its request for a reduction in ice fee rental at the Lancaster Centennial Arena; and requesting Council's favorable decision in granting the Club full consideration for a reduced rental or in the form of a grant -- be referred to the City Manager for consideration. Question being taken, the motion was carried. With regard to the presentation earlier in the meeting by the Preservation Review Board, Mr. Taylor suggested that the proposed 1990 operating budget, and Council should consider the approval of the King Square Master Plan at this meeting. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the proposed 1990 Program and Operating Budget of the Preservation Review Board be referred to the City Manager for consideration in the 1990 operating budget. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Landers 82-90 COMMON COUNCIL NOVEMBER 20, 1989 RESOLVED that Council adopt the King Square Master Plan presented by the Preservation Review Board. Mr. Bedford advised that, with regard to the Mayor's question as to whether or not the Plan should be costed, the Plan is a guide for the development of King Square and the reason that the Plan does not include detailed prices is that, through time, the parks Department and the Saint John Central Business Development Corporation will proceed step by step to implement the Plan. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk