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1990-09-17_Minutes 82-555 COMMON COUNCIL SEPTEMBER 17,1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of September 1990, at 7:00 o'clock p.m. present Arthur L. Gould, Deputy Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager- Development; P. Groody, Commissioner of Human Resources; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; R. Johnston, Deputy Fire Chief; B. Thompson, Deputy Chief of Police; J. Johnson, Building Inspector; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Father Michael LeBlanc of St. Joseph's Roman Catholic Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on September 10, 1990, be approved. Question being taken, the motion was carried. Deputy Mayor Gould noted that the Atlantic Canada Section of the American Water Works Association is holding its conference in Saint John this week; and he and Councillor Coughlan commented on their September 14-15 visit, along with the Mayor and members of City staff, to the Town of Caraquet, the French-speaking municipality with which the City of Saint John is twinned as part of a Provincial Government program; and Deputy Mayor Gould proclaimed September 27,28 and 29 to be Luxor Temple Shrine Paper Sales Days in the City of Saint John. Councillor Coughlan advised that he and Councillors Landers and Rogers participated in a series of lectures at the Emergency Preparedness College in Arnprior, Ontario, during the week of September 10; and extended condolences to the family of the late Mr. Herman Murphy, a Saint John educator, who passed away on September 14. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Herman Murphy. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John extend congratulations to Dr. Noel Kinsella on his appointment to the Canadian Senate. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property located on both sides of St. Martins Road, being a portion of L.R.I.S. Number 354696, from Open 82-556 COMMON COUNCIL SEPTEMBER 17,1990 Space to Low Density Residential classification, to permit re-zoning and subdivision of the same area for a rural residential subdivision, as requested by Regina Jordan, Alice Jordan and Edna Miller. Mr. Bedford, in response to Councillor Flewwelling, advised that the issue of cost for the possible extension of services to the subject property will be taken under consideration when Council deals with the above application. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, two parcels of land at 152- 156 Westmorland Road (L.R.I.S. Number 317974 and a portion of L.R.I.S. Number 413401), together having an area of approximately 14,500 square feet and located on the corner of Westmorland Road and Northumberland Avenue, from Low Density Residential to District Centre Commercial classification, to permit re-zoning of the above parcel to "B-2" General Business classification which will permit the development of an office building with two apartments, as requested by Blair Construction Limited. Responding to Councillor M. Vincent, Mr. Bedford advised that he will follow-up on the matter of the date that the last application was considered by Council in order to determine if the necessary time has transpired for further application on the subject property, as well as verify that the submitted map indicating the area to be re- zoned is correct. With regard to the notice which had been given to Aztec Holdings Ltd., Owner, Central Trust Company, Mortgagee, Canada Mortgage and Housing Corp., Mortgagee, to appear to show cause, if any, why the building located at 208 Duke Street (L.R.I.S. Number 4747) should not be removed or destroyed as a dangerous or dilapidated building, Mr. Johnson requested that his report recommending that Council adopt the submitted resolution by virtue of the Saint John Building Act of 1925, be withdrawn on the basis that the property owner discussed the matter with him earlier this date and has made certain undertakings to fix up the property and keep it secure, and expressed the opinion that there is still a possibility that the building could be salvaged and that it is worth waiting for it to be done. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the above matter be withdrawn from the agenda. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that the letter from Councillor Fitzpatrick advising that he is disappointed with a statement attributed to Mayor Wayne in the September 6, 1990 issue of the Evening Times-Globe newspaper that "maybe we should look outside the City for councillors", not with the fact that she should feel this way but rather that a person having held elected municipal office for so many years would not know that the Municipal Elections Act of New Brunswick clearly states in section 18(3) that a person is not qualified to be a candidate for the office of mayor or councillor of a municipality unless the person has been resident in the municipality for at least one year immediately before the election; and concluding that it might be that the same regulation should also apply to highly-paid appointed civic officials -- be laid on the table until a Council meeting at which the Mayor is present. Question being taken, the tabling motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Fitzpatrick submitting a letter from Mrs. Fred Gilliland of 368 Eldersley Avenue regarding the condition of the hill on Eldersley Avenue as it is dangerous and 82-557 COMMON COUNCIL SEPTEMBER 17,1990 accidents occur when it is wet; making the observation that chip-sealed roads often become dangerous on turns if traffic is able to travel over them before the gravel has had a chance to bond to the tar and, if the gravel is spread in very hot weather, as the tar soon becomes very slick; and asking that staff immediately correct this situation before another serious accident or loss of life occurs -- be referred to the City Manager for immediate action. Councillor Landers asked that the above letter also be referred to the Police Department as there is some indication that motorists travel at quite a speed in the area, and Deputy Mayor Gould asked that staff follow-up on the posting of school bus stop signs on the basis that there is a suggestion that such signs are no longer used and it is his understanding that such signs are still in use. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that approximately 320 feet of badly-deteriorated sewer has been discovered in the area adjacent to the Lord Beaverbrook Rink during the detailed design of a current Capital Program for Transportation including the construction of a landscaped median on Main Street, and that an allowance of $50,000 is required in the Storm Sewer Capital Program to make the necessary repairs to allow the street construction to proceed; also advising that a basement flooding complaint during heavy rains in August led to the discovery that a 340-foot section of 24-inch combined sewer between Lancaster and Germain Streets on the West Side is essentially not operating, and that the estimated cost of the necessary repair work is $38,000; and recommending that the following projects be added to the current Capital Program for the Water and Sewerage Utility: (1) Main Street sewer renewals - $50,000; and (b) Germain Street West sewer renewals - $38,000 -- be received and filed and the recommendation adopted. During discussion Mr. Robichaud advised that, with regard to the requested assurance that the above projects will be completed prior to the winter season, the restriction placed on the City by the recent arbitration award on contracting out will mean that all construction work will have to cease on November 16 and recommence on April 15; therefore, it is possible that only the sewer work can be completed before winter and that, if the work cannot be completed in a satisfactory manner including asphalt placement over the trenches, the City will not proceed with the work until the spring of 1991, and Deputy Mayor Gould asked that Council be kept informed in this regard. Question being taken, the motion was carried. Read a report from the City Manager suggesting that the request approximately one year ago from the Saint John Free Public Library for $17,843 to be used for the purchase of two microcomputers, which unfortunately was not considered when the Capital Budget was prepared in March 1990, should be considered at this time; advising that Council's approval will not affect in any substantial way the final outcome of the 1990 Capital Program, and noting that the City has funded microcomputer purchases for the Library in the past to be used in providing services that are not the responsibility of the Province; and recommending that the funding be given. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the Saint John Free Public Library be given $17,843 to be used in the acquisition of two microcomputers and related hardware and software, with such expenditure being charged to the 1990 Capital Budget. Question being taken, the motion was carried. 82-558 COMMON COUNCIL SEPTEMBER 17,1990 On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the low tender as submitted by Galbraith Construction Ltd., in the amount of $5,300, be accepted for the demolition of the building located at 187-189 Main Street (L.R.I.S. Number 378752). Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, pursuant to a resolution of Common Council, the necessary advertising has been completed to allow Council to eliminate the necessity of the submitted Zoning By-Law amendment being read in its entirety prior to third reading; and that the Municipalities Act provides that, following such advertising, a by-law may be read by section numbers only prior to third reading, if no member of Council objects. (Councillor Flewwelling withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-213 A Law To Amend The Zoning By-Law Of The City Of Saint John", with regard to a Utility and Service Zone, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Deputy Mayor Gould stated that the proposed Zoning By-Law amendment to provide for a Utility and Service Zone has been advertised under Section 12 of the Municipalities Act, and requested the Common Clerk to read the By- Law by section numbers only, unless a member wishes to object to this procedure. The Deputy Mayor also stated that, if there are no objections and while the By-Law is being read by section numbers only, any member may ask questions during the reading of the sections or following the reading; and further that, if there are objections, the By- Law will be read in its entirety; however, the objection may be withdrawn before the Common Clerk commences to read the By-Law in its entirety. The by-law entitled, "By-Law Number C.P. 100-213 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read by section numbers only. Question being taken, the motion was carried. (Councillor Flewwelling re-entered 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 September 10, 1990, when there were present Mayor Wayne and Councillors Davis, Fitzpatrick, Flewwelling, Gould and Knibb, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) the City take whatever action is necessary to collect the $1,500 outstanding rent due from R & R Wrought Iron Ltd. for the Baler building on Pokiok Road and that notice of eviction be given, if necessary; and (2) if the rent is brought up to date, but again falls one month in arrears, staff be authorized to take whatever steps are necessary to collect the rental arrears, including eviction proceedings. 82-559 COMMON COUNCIL SEPTEMBER 17,1990 2. That as recommended by the City Manager, (1) staff be authorized to take whatever action is necessary to collect the outstanding rent for 110 Prince William Street from Mr. Milton Sherwood carrying on business under the name of Kopy Kats and that notice of eviction be given if required; and (2) if the rent is brought up to date but again falls one month in arrears, staff be authorized to take whatever steps are necessary to collect the rental arrears, including eviction proceedings. 3. That as recommended by the City Manager, the property at 177-179 Canterbury Street, known as L.R.I.S. Numbers 5942 and 5959, be sold to Heritage Enterprises Ltd., under the following terms and conditions:- (1) the purchase price to be $7,000; (2) the purchaser be given an option to purchase the land at this price for a period of six months from the date of the Common Council meeting at which the sale is approved; (3) the option to be at a cost of $100, with the option to specify that the transfer will take place within 3 months of the option being exercised; (4) upon sale of the property, the City will receive an option to reacquire the property for the purchase price if it is not developed in conformity with the Zoning By-Law within one year of the transfer of title; and (5) the purchaser acknowledges that the retaining wall along the front of the property forms part of the property and will be responsible for the cost of any repair, replacement or removal that may be necessary. 4. That as recommended by the City Manager, Common Council agree to the assignment of the lease on the space at 112 Prince William Street from The Heritage Cafe to Henry's Variety Ltd. following payment of the rent outstanding on the premises. September 17, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers 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 Flewwelling RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis 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 Davis RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 82-560 COMMON COUNCIL SEPTEMBER 17,1990 On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from the Ladies Auxiliary of the Saint John YM-YWCA requesting financial assistance from the City with regard to the celebration of its 100th year in public service on November 2 -- be referred to the City Manager for additional information. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from The New Brunswick Museum advising that plans are currently being finalized for a Dickens Christmas choral event to be held in Riverview Park on Douglas Avenue for the week of December 16 to 22, and requesting that Common Council consider extending the City's normal Christmas season lighting area to include the lighting of trees in Riverview Park -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from The International Association of Students in Economics and Commerce (AIESEC) of the University of New Brunswick in Saint John advising that it is hosting the annual Maritime Regional Conference on October 5-7, 1990; and requesting $750 from the City in aid of this conference -- be received and filed and a grant of $750 be approved. Councillor Fitzpatrick asked the practice of other Maritime municipalities in which AIESEC conferences are held to which Mr. Taylor replied that, although he is unaware of what other areas do, AIESEC is requesting donations from a number of people. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk