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1990-10-01_Minutes 82-569 COMMON COUNCIL OCTOBER 1, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of October, AD. 1990, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers and M. Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Director of Community Planning; R. Johnston, Deputy Fire Chief; G. Tait, Deputy Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; J. Baird; Manager - Development Division; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor 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 24, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed October 1990 to be Renovation Month, and the week of October 6 to 13, 1990 to be Duke of Edinburgh Awards Week in the City of Saint John. The Common Clerk advised that the necessary advertising was completed with respect to the proposed re-zoning of four parcels of land at 119 Millidge Avenue (portions of L.R.I.S. Numbers 41095,415208,55014831 and 55014849), which together make up a 1152 square metre strip of land leading from Millidge Avenue just south of 125 Millidge Avenue to Centennial School, from "P" Public Park and "RM- 1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, to permit construction of a new access to Centennial School, as requested by Baxter Foods Limited, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that parcels T, L, Nand Pat 119 Millidge Avenue, as indicated on the submitted plan, be re-zoned from "P" Park and "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification. Mr. Hayward Aiton, solicitor for the applicant, appeared in support of the proposed re-zoning and, in noting that he is accompanied by Mr. Cook of Baxter Foods Limited, offered to respond to Council queries respecting the application. 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 parcels T, L, Nand Pat 119 Millidge Avenue, from "P" Park and "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional 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 82-570 COMMON COUNCIL OCTOBER 1, 1990 Saint John. 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 parcels T, L, Nand Pat 119 Millidge Avenue, from "P" Park and "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional 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 Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to the proposed re-zoning of a parcel of land at 53-59 Pitt Street (L.R.I.S. Number 12039), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, to allow the existing special care home to expand by eliminating some of the existing apartments, with no expansion to the building being proposed, as requested by Barbara McCarthy, and that no written objections were received in this regard. No person was present with respect to the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee recommending that approval be granted for the re-zoning of 53-59 Pitt Street from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification for the purpose of a special care home for senior citizens on the condition that: (a) the existing ground floor deck area for residents is doubled in size to approximately 160 square feet minimum; (b) upon renovation of the second floor for special care units, a new deck is built with access from a common area, either the living room or the kitchen, to be no smaller than 160 feet; and (c) provision for landscaping is made and detailed on a site plan to be approved by the Development Officer prior to building permit application for work to be carried out on the second floor. The Mayor advised that the proposed re-zoning is to be subject to Section 39 of the Community Planning Act. On motion of Councillor Knibb Seconded by Councillor Flewwelling 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 at 53-59 Pitt Street (L.R.I.S. Number 12039), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional 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 Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to 82-571 COMMON COUNCIL OCTOBER 1, 1990 amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 53-59 Pitt Street (L.R.I.S. Number 12039), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional 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 Knibb Seconded by Councillor Flewwelling RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (1) amending the Zoning By-Law by adding a new section 620(2)(c)(iii) as follows: "(iii) notwithstanding (i) above or (d) a tavern or cabaret may be located at 660 Brown Street LRIS # 298745. "; and (2) rescinding all Section 39 conditions imposed by Common Council on October 7, 1985, when 660 Brown Street was re-zoned, and as subsequently amended; to permit a beverage room or lounge in the existing building, and to allow the building to be occupied by a wider range of tenants without further applications to Council, as requested by Diesel Power Services Ltd., and that no written objections were received in this regard. No person was present with respect to the proposed amendment. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report considered at the Committee's September 25 meeting at which Mr. Brian Mosher, the applicant's solicitor, requested time to discuss the matter with staff, and six letters were received in opposition to the proposal; and recommending that Common Council hold the public hearing but that no action be taken until the Committee has provided Council with a detailed recommendation. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Planning Advisory Committee, the application of Diesel Power Services Ltd. for a Zoning By-Law text amendment and the rescinding of all Section 39 conditions with respect to 660 Brown Street be laid on the table until the Committee has provided Council with a detailed recommendation. Question being taken, the tabling motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, two lots located at 1315 and 1309 Manawagonish Road (L.R.I.S. Numbers 399790 and 399725), from Low Density Residential to District Centre Commercial classification, to permit the same properties to be re-zoned to "B-2" General Business classification for the existing motel development, as requested by Douglas W. King. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an area of land at 101 Kennedy Street (L.R.I.S. Numbers 377150 and 380535), having approximately 72,000 square feet, from Park and Open Space to Light Industrial classification, to permit the re-zoning of the existing Ring Boat Yard to a light industrial classification to facilitate the rebuilding of the boat repair building and the construction of a new 40-seat lounge, as requested by Ring's Boat Yard. 82-572 COMMON COUNCIL OCTOBER 1, 1990 On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a letter from The Power Commission of The City of Saint John and a copy of a New Brunswick Power news release concerning the launch of a compact Krypton light bulb promotion; advising that, to encourage customers to use the energy- efficient Krypton light bulb, a rebate of $1.50 is being offered for each 4-pack purchased before January 31, 1991 -- be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Supply of asphalt Maritime Limited August 22-28, 1990 $77,873.83 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, contract 90-23, Broadway Avenue and Foley Court sewer construction, be awarded to the low tenderer, Dean Construction Limited, at the tendered price of $107,289, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 90-25, Germain Street West sewer construction, be awarded to the low tenderer, Dean Construction Limited, at the tendered price of $59,505, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, contract 90-29, Chesley Drive, Highway #100, Provincially- Designated Highways, be awarded to Classic Construction Ltd., at the tendered price of $326,270, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 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 September 24, 1990, 82-573 COMMON COUNCIL OCTOBER 1, 1990 when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, approximately 79,000 square feet of land on the northeast corner of Bentley Street and Chesley Drive be sold to Brunswick Data Inc. on the following terms and conditions:- (1) the sale price to be $117,000, payable at closing; (2) the City will provide a site survey; (3) Brunswick Data Inc. will be permitted to apply for amendments to the Section 39 conditions relative to the site, and the City is neither implicitly nor explicitly obligated to approve such amendments; (4) the City will retain an option to reacquire the lands at the sale price if construction is not started within 12 months of transfer of the title; (5) transfer of title will take place within 30 days of approval of the Section 39 amendments; (6) Brunswick Data Inc. be authorized to begin site preparation prior to transfer of title, subject to a letter of credit or similar security being provided to the City to ensure all costs are paid should the development not proceed; (7) the sale is subject to the approval of the Urban Renewal Partnership and (8) the City will initiate the necessary steps to close the Reserved Road which transverses the site, and the City is neither implicitly nor explicitly obligated to complete such closing. 2. That a grant of $300 be approved for the Saint John City & District Shuffleboard Association with regard to the 26th Annual Canadian Nationals to commence October 2 in Saint John. October 1, 1990, Saint John, N.B . Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend its assent, granted on August 7, 1990, relative to the subdivision of 1600 Hickey Road, to permit a revised right-of-way arrangement on the cul-de-sac turn around as illustrated on the submitted sketch. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Lloyd Vanwart, 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. 82-574 COMMON COUNCIL OCTOBER 1, 1990 Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Club of the Canadian Council of the Blind requesting that the City give a grant of $250 to cover the cost of renting the Lily Lake Pavilion on the occasion of a visual fun and fitness event for other clubs in the Province and individual blind persons who wish to attend -- be received and filed and payment be deferred until the outcome of the event is known. A motion was initially proposed by Councillor Coughlan and seconded by Councillor Flewwelling to refer the above request to the grants committee and for examination by staff, whereupon the Mayor noted that the event is to be held on October 6 which would mean that a staff report would not be received prior to that date. Mr. Taylor noted that past practice has been to have groups using the Pavilion pay the rental fee following which it is determined whether or not a grant would be approved to cover the fee, whereupon the Mayor called for a motion to receive and file the above letter and payment be deferred until the outcome of the event is known. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the letter from Saint John Construction Association Inc. asking to be advised of the status of the Economic Goals for Saint John as requested in its previous letter to Council of March 7, 1990, and advising that it is looking forward to working with the City on other projects as it proceeds in reaching the Goals -- 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 Mr. Ralph Streb suggesting that the portion of Rockwood Park adjacent to the municipal golf course could be used for residential lots and that the appropriate City officials be authorized to follow through in this regard to a successful conclusion -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the 1 st Grand Bay Pathfinder Unit requesting financial assistance for an educational trip to London, England, to the newest World Centre at Pax Lodge, with the departure date being May 16, 1991 -- be referred to the City Manager and for consideration in Committee of the Whole. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of Saint John Loan Co. Ltd. for an amendment to the Section 39 conditions of re-zoning of 9 Somerset Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, November 13, 1990. Question being taken, the motion was carried. 82-575 COMMON COUNCIL OCTOBER 1, 1990 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Three Mile Beverage Room (1978) Ltd. for a lounge license for premises at 1 Golden Grove Road will be held on October 4 -- be received and filed. Question being taken, the motion was carried with Councillor Flewwelling 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