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1990-11-19_Minutes 82-646 COMMON COUNCIL NOVEMBER 19, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of November, AD. 1990, at 4:00 o'clock present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers 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. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; M. Hanlon, Purchasing Agent; D. Sherwood, Chief of Police; R. McDevitt, Fire Chief; A Bodechon, Assistant Deputy Chief of Police; 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 M. Vincent RESOLVED that minutes of the meeting of the Common Council, held on Tuesday, November 13, 1990, be approved. Councillor Coughlan referred to the resolution adopted at the above meeting with respect to a study of the fire protection needs of District #2 and to the reference in a subsequent newspaper article to the effect that #6 Fire Station on the Lower West Side is undergoing renovations and suggesting that the #6 Station is going to remain and, in advising that he voted for the motion at the last meeting with the understanding that the study was to address the needs for the entire District #2 which could mean additional or less stations, asked for clarification in this regard. Mr. Taylor replied that the study is to address the fire concerns in District #2 but that staff has identified the fact that the Lower West Side Station is in place, is being renovated and is an integral part of the whole system, and staff's main area of concern is with respect to #7 Station and the Main Street Station at this point whereupon Councillor Coughlan requested that Council meet with the consultants prior to their taking any action, and Mr. Taylor confirmed that it is the intent to address the fire protection services in District #2 which involves the Lower West Side Station as well. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the letter from the City of Saint John Environment Committee concerning the report of the Environmental Consultation Committee, "A View To The City", be withdrawn from the agenda of this meeting and referred for consideration in Committee of the Whole. Question being taken, the motion was carried. Her Worship the Mayor proclaimed November 18 to 24 to be Drug Awareness Week in the City of Saint John and commented on her visit earlier this date to the Access Centre during which time there was a major announcement of funding from the Federal and Provincial Governments to the Youth Strategy Program, bringing the total funds invested in this program by the two levels of government to in excess of 82-647 COMMON COUNCIL NOVEMBER 19, 1990 $100 million. The Mayor encouraged citizens to attend the forthcoming Community Workshops on November 20 and 21 being sponsored by the City and the Human Development Council. On motion of Councillor Knibb Seconded by Councillor Coughlan 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 October 31-November 6, 1990 $86,824.41 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 89-3, Westmorland Road Street Reconstruction 1989 Grove Construction (1986) Inc. Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated November 6, 1990 Final release of deficiency holdback $442,288.45 414,273.61 Nil 412,733.61 $ 1,540.00 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender for various types of motorized equipment to supplement the City fleet on an as-required basis be awarded as indicated in the submitted bid summary. Councillor Flewwelling asked if it is the intent for the rented equipment to display a sign indicating that it is working for the City of Saint John, and Mr. Robichaud confirmed that the tender specifications include a provision that truck owners provide a sign with wording to indicate that the trucks are rented by the City of Saint John and that staff will now enforce this provision. During discussion Mr. Hanlon responded to Council queries concerning the manner in which items #30 and #76 will be rented in view of the recommendation for acceptance of tenders from more than one supplier with the same bid price, which he indicated would be awarded on an alternate basis as much as possible depending on the availability of the equipment and the City's needs; and how the City will obtain a John Bean flusher truck as, in the case of item #58, no tenderer is recommended, to which he explained that the City will negotiate the rental with suppliers in the City when the need arises for the equipment at which time the equipment of the two suppliers which tendered might be in acceptable condition to the City. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the bid of Digital Equipment of Canada Ltd., in the amount of $26,740.52, plus tax, be accepted for computer equipment for the mechanical garage 82-648 COMMON COUNCIL NOVEMBER 19, 1990 at 175 Rothesay Avenue. Mr. Hanlon advised that staff's estimate for the above equipment cost was $35,000. Question being taken, the motion was carried. Read a report from the City Manager advising that staff's review of the six responses received to the public tender for the supply and installation of a hydraulic rock breaker revealed that the lowest bidder tendered on a unit which is considerably lighter than specified by the City and therefore is not acceptable; and recommending that the tender be awarded to the second lowest tenderer, Selco Equipment Ltd., which meets all requirements of the tender and is available within two weeks. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Selco Equipment Ltd., in the amount of $26,920, plus tax, be accepted for the supply and installation of a hydraulic rock breaker on a Caterpillar Model 206 excavator. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers 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 November 7-13, 1990 $37,733.53 Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the application of Malcolm A E. Thorne, Douglas Avenue and Thorcor Holdings Ltd. for a Municipal Plan amendment and re-zoning of property on Main Street, Douglas Avenue and Chesley Drive, for which the public presentation was made on October 15, and is the subject of a letter from the Common Clerk on the agenda of this date for Council's consideration of referral to the Planning Advisory Committee and advertising of a public hearing; explaining that the application includes 12 properties on Douglas Avenue and Main Street and 2 larger vacant parcels owned by the City located along Chesley Drive and Main Street and that, as a development proposal has only been received for those properties to the northeast of the St. Matthews Presbyterian Church at 90 Douglas Avenue, it is only possible to adopt a new proposal and re-zone to the ID zone when there is a new proposal; therefore, it is recommended that further consideration of amendments only be considered for properties or portions of properties for which a specific proposal has been received; and also explaining that the re-zoning of City- owned land can only be initiated by the City and that there is a small portion of L.R.I.S. Number 373613, which is less than 10,000 square feet and presently owned by the City for which re-zoning from "RM-1" to "ID" is required, and that the vast majority of City- owned land is already zoned ID and will be the subject of an amendment to Section 39 conditions, which adopted a proposal in 1971, and that amendments to Section 39 do not have to be initiated by the City as they are being initiated by the applicant. The report advises that input from adjacent property owners will be sought by both the Planning Advisory Committee as part of its procedure and that, as part of the Douglas Avenue Heritage Plan, public input will also be sought and that the close relationship between these two processes requires a degree of integration which will result in a delay in the normal public hearing process and that, while the final report from the heritage study is not expected until March, preliminary recommendations are expected by mid-January; therefore a February 4, 1991 public hearing date will permit the staff report prepared for the January 29, 1991 Planning Advisory Committee meeting to be completed; and recommends that (1) Council only consider amending the Municipal Development Plan from Medium Density Residential to District Centre Commercial classification for those properties, and portions of properties, to the northeast of St. Matthews Presbyterian Church at 90 Douglas Avenue, indicated as the area shaded on 82-649 COMMON COUNCIL NOVEMBER 19, 1990 submitted plan #1; (2) re-zoning and amendment to the Section 39 conditions be considered only for the same area; (3) Council initiate the application to re-zone from "RM-1" to "ID" a portion of L.RI.S. Number 373613 at the corner of Main Street and Douglas Avenue which is owned by the City; and (4) a public hearing date of February 4, 1991 be set to consider the Municipal Plan amendment, re-zonings and Section 39 amendment. Consideration was also given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Malcolm Thorne, Douglas Thorne and Thorcor Holdings Ltd. have been completed, and that the required waiting period for objections expired on November 14, 1990, with written objections having been received from Kim Guthrie, Marion Munro, RJ. Butler, Beverly Grew and Harold Grew, Dorothy Jackson, Dale Russell, Doreen and David Smith, Carol and Erik Madsen and D. M. Morissey; and concluding that Council, if it so wishes, may now authorize the necessary advertising for an eventual public hearing and request the views of the Planning Advisory Committee. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) Council consider amending the Municipal Development Plan from Medium Density Residential to District Centre Commercial classification for only those properties, and portions of properties, to the north-east of St. Matthews Presbyterian Church at 90 Douglas Avenue, indicated as the area shaded on submitted plan #1; (2) re-zoning and amendment to the Section 39 conditions be considered only for the same area; (3) Council initiate the application to re-zone from "RM-1" to "I D" a portion of L.RI.S. Number 373613 at the corner of Main Street and Douglas Avenue which is owned by the City; and (4) a public hearing date of February 4, 1991 be set to consider the Municipal Plan amendment, re-zonings and Section 39 amendment. Mr. Bedford clarified that, while adoption of the above recommendation would restrict the amount of land to be advertised for a public hearing from that property which is the subject of Thorcor's application, the property recommended for advertising for a February 4, 1991 public hearing does include the three projects that the developer has discussed, being a heritage inn, an apartment building and an office building, although the applicant's previous application included lands for which there was not a firm proposal. The Mayor asked if, rather than consider portions of the property, it would be in order to wait until the whole property could be considered at once, to which Mr. Bedford replied that, while that would be one alternative, it is staff's opinion that there is adequate information to deal with the three properties the applicant had already processed, and that the public hearing date proposed represents a two or three week delay in the normal processing time on the basis that it would be useful to have the heritage issues dealt with at the same time if at all possible. During discussion Mr. Bedford confirmed that City-owned land on Chesley Drive, which has been the subject of negotiations with the applicant, is included in the above property on the basis that the negotiations are moving toward reaching an agreement, whereupon Deputy Mayor Gould expressed the understanding that the applicant rejected the conditions under which the City was prepared to sell the land, and the Mayor suggested that, as there is some question in this respect as well as with regard to the ownership of portions of the subject property, this matter should be tabled for clarification. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that the above report from the City Manager and the letter from the Common Clerk submitting the application of Malcolm Thorne, Douglas Thorne and Thorcor Holdings Ltd. for a Municipal Plan amendment and re-zoning and a Section 39 amendment, of property on Main Street, Douglas Avenue and Chesley Drive, be laid on the table for one week pending additional information. Question being taken, the tabling motion was carried with Councillor Fitzpatrick voting "nay". 82-650 COMMON COUNCIL NOVEMBER 19, 1990 Read a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-Law amendment concerning truck routes, which was given first and second readings on October 29 and November 13, respectively. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 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 respect to truck routes, be read a third time and enacted and the Common Corporate Seal be affixed thereto. 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. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Blair Construction Limited have been completed, and that the required waiting period for objections expired on November 14, 1990, with written objections having been received from Darlene Boyle and E. S. Bannister. Copies of letters were distributed to Council members at this meeting, in opposition to the subject re-zoning application, from Ernest and Beatrice Hodgson, Stuart and Eleanor Urquhart, Leo and Muriel Stevens, Helen J. Curtis, Wayne and Nancy Wallace, Marion Rose, Bertha and G. A Rosvall, Tom and Roseline Anderson, Earl and Eileen Carr, and Jim and Valerie Ward. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Blair Construction Ltd. for a Municipal Plan amendment and re-zoning of 152-156 Westmorland Road 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 January 21, 1991. With regard to the question of the propriety of the application being before Council at this time in view of previous applications and the time limit in this regard, Mr. Rodgers advised that the above application has been examined and in his opinion the application before Council is in order; and Councillor Landers asked for a staff report concerning the status of the City's attempts to have the appearance of the subject property improved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling 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", to stop up and close permanently the following portion of highway: BENTLEY STREET & CHESLEY DRIVE: All that certain lot, piece and parcel of land situate lying and being in the City of Saint John in the county of Saint John in the Province of New Brunswick designated reserved rd. on a plan entitled "Dwyer's Bakeries Ltd. Plan of Properties situate in the City of Saint John" prepared by Gilbert G. Murdoch, dated October 30th, 1947, revised February 11, 1957 and filed in the Saint John County Registry Office on April 20, 1948 as File 19 #108. - be read a third time and enacted and the Corporate Common Seal be affixed thereto. 82-651 COMMON COUNCIL NOVEMBER 19, 1990 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. 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 13, 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 recommendation, namely:- 1. That one combination dump/salter box unit and one hopper-type sander/salter attachment be tendered immediately for delivery in early January 1991. November 19, 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 the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from the Preservation Review Board submitting the updated Historical Building Preservation Grant brochure, and advising that 1990 has been a record year for certificates in that nearly twice the number of last year have been received to date -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the letter from Kal Seaman, MD, MLA, on behalf of residents of Ketepec Road who wrote to him regarding the limestone quarry strip mine proposed by Brookville Manufacturing Co., owned by Moosehead Breweries, such matter to be before the Planning Advisory Committee on November 20; and commenting on the residents' concerns about the area in which the mine may be located, in particular that it will destroy the land for future residential development and will most likely result in pollution of the local environment, as well as cause the property values in the area to decrease; and suggesting that it would appear that the negative aspects far outweigh any economic benefit that may be gained through the mine's opening -- be received and filed and referred to the Planning Advisory Committee. Mr. Bedford confirmed that, at the present time, the application is not for re-zoning of the subject property, and advised that the lands are zoned rural and the excavation of a quarry is a conditional use in the zone, and that the Planning Advisory Committee's approval is being requested for that conditional use. Councillor Landers 82-652 COMMON COUNCIL NOVEMBER 19, 1990 asked if the Committee will take into consideration concerns about pollution, possible effect on the water supply and noise in dealing with the subject application, and the Mayor asked if the Department of Environment can place any controls on the proposed operation, to which Mr. Rodgers replied that, from the point of view of the law and while he does not know what the Committee will consider, this matter is within the Committee's area of responsibility, and Mr. Bedford replied that the Minister of Environment has received a variety of applications in terms of the operation of the initial excavation, one being a stream crossing permit, and the Minister, in each case, has evaluated the permit applied for and, as he understands it, has approved those permits and will, in fact, monitor any work that is being done. Councillor M. Vincent, on the basis that this matter is unlikely to be before Council again, proposed that the matter be tabled and Council take steps to look into what input the other levels of government have in this matter to protect the interests of concerned citizens, before Council refers the matter to the Planning Advisory Committee; whereupon Mr. Rodgers made the observation that the matter is already referred to the Committee by the very fact of the manner in which the Zoning By-Law has been enacted and that the matter is before Council only because the citizens have submitted it to Council and not because it should be before Council under the existing laws and, while he sees nothing wrong with Council inquiring as to what environmental controls and regulations may be place, the Committee also has an obligation to be aware of same. The Mayor made the observation that Council's tabling of this matter will not stop the Committee from dealing with the application for a conditional use of the subject property, and clarified the tabling motion proposed. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the above letter be laid on the table to seek information from the other levels of government about environmental concerns regarding the proposed operation. Question being taken, the tabling motion was carried with Councillors Davis, Fitzpatrick and Knibb voting "nay". Consideration was given to a letter and petition from a number of South End residents, particularly those within close proximity to 134 Sydney Street, advising that the new owners of this establishment have made application for a liquor license to include spirits as well as beer and wine, and the reasons for their opposition to the reopening of this property as a drinking establishment, the purpose of their letter to Council being for help in this situation; and submitting a copy of their letter to the Liquor Licensing Board in this regard. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that, because of continuous complaints regarding noise etcetera in the late evening and early morning hours with respect to 134 Sydney Street, Council petition the Liquor Licensing Board to make no change in the present license of the subject premises. Mr. Rodgers made the observation that it is Council's policy, with respect to a matter which under the Zoning By-Law is permitted, that individual Council members are free to make whatever presentations they so wish before the Provincial Liquor Licensing Board; however, because the law permits a use, it is not appropriate for Council, nor is it Council's policy, to argue against its own law which permits something to operate. The Mayor asked if the current license has lapsed with respect to 134 Sydney Street to which Mr. Bedford expressed the understanding that the license has not lapsed, although it is his intent, as a result of the above petition, to have staff inquire further as to the status of the zoning and the status of the business being opened. The Mayor suggested that the above petition should be received and filed and Mr. Bedford be asked to do some research with respect to the license for a report to Council at the next meeting as to what or what cannot be done to control the activities at the subject location, and that the City Solicitor assist in this regard. 82-653 COMMON COUNCIL NOVEMBER 19, 1990 On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for a report to Council. Question being taken, the tabling motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that the letter from Clint and Margaret Murphy expressing opposition to the proposed re-zoning of the Ken Blair property on Westmorland Road, such letter having been received after the November 14 deadline for written objections in accordance with the public advertisement for the proposed Municipal Plan amendment in this regard -- be referred to the Planning Advisory Committee. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from Barbara L. Lordley expressing opposition to the re-zoning of at least the Douglas Avenue area for commercial development, such letter having been received after the November 14 deadline for written objections in accordance with the public advertisement for the proposed Municipal Plan amendment in this regard -- be referred to the Planning Advisory Committee. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the letter from the Knights of Columbus, Saint John Council, No. 937, requesting permission, as in the past, to place a Christmas crib in King's Square over the Christmas holiday season -- be received and filed and permission be granted. Question being taken, the motion was carried. Read a letter from the Saint John Central Business Development Corporation requesting that Common Council consider the expansion of the business improvement area boundary of uptown Saint John to include the properties located on the south side of Union Street from Water Street to Sydney Street and the north side of Union Street from George Street to Smythe Street; listing the specific properties, and also requesting that, to expedite the process that is required for Council to consider and approve this proposal prior to review by the Provincial Government, as the Corporation is hopeful that it can welcome these uptown businesses into the organization by January 1, 1991, the proposed boundary expansion be approved for advertising at this time. Consideration was also given to a letter (copies of which were distributed to Council members at this meeting) clarifying that the proposed boundary expansion of the Business Improvement Area is to include the properties located on the south side of Princess Street from Water Street to Sydney Street and the north side of Union Street from George Street to Smythe Street. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the necessary 82-654 COMMON COUNCIL NOVEMBER 19, 1990 advertising be authorized for an expansion of the business improvement area boundary of Saint John to include specifically the following properties:- 42 Princess Street, 46-54 Princess Street, 76 Princess Street, 80 Princess Street, 86 Princess Street, 94 Princess Street, 98 Princess Street, 100-102 Princess Street, 108-112 Princess Street, 116 Princess Street, 136 Princess Street, 156 Princess Street, 162 Princess Street, 139 Germain Street, Union/George Street parking lot; and Union/Smythe Street parking lot. Mr. Taylor expressed the understanding that the businesses which opposed the expansion are not included in the subject properties. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Multicultural Association of Saint John advising that it has come to its attention that the City has 5 appointees for the Rockwood Park Advisory Board whose terms of office have expired and the City is now considering new appointees or reappointments; and also advising that the Association would be pleased to recommend one or more persons who could be considered a representative of visible minority or ethnic cultural groups in the City should Council decide to make one or more changes in the appointees -- be referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk