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1991-11-18_Minutes 83-216 COMMON COUNCIL NOVEMBER 18, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of November, A. D. 1991, at 4:00 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. J. Brown, 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. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; D. Sherwood, Chief of Police; G. Tait, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Father Mooney of St. Pius X Roman Catholic Parish offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on Tuesday, November 12, 1991, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed November 18-22 to be Health Information Awareness Week in the City of Saint John; and welcomed to the Council Chamber members of the Ketepec Girl Guide Company to whom she briefly explained the Council meeting procedures and presented citizen badges. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that two articles (copies of which were forwarded to Council members as information items) regarding the 1991 Pulp and Paper International Transportation Symposium and The Parkerhouse Inn be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from Speak Easy Inc., The Canadian NonProfit Foundation For People Who Stutter, requesting financial assistance to help send a representative to the "Third International Conference of Stuttering Self-Help Groups" to be held August 13-16, 1992 in San Francisco, California -- be referred to the City Manager. Question being taken, the motion was carried. 83-217 COMMON COUNCIL NOVEMBER 18, 1991 On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a letter from Fundy Cable Ltd. regarding a proposal that recommends that a tax be levied on all cable subscribers to support CBC, expressing its strong opposition to the tax, and concluding that any assistance that could be given in convincing the Federal Government not to proceed would be greatly appreciated -- be received and filed and a letter opposing this tax be forwarded to Saint John's M.P. The Honourable Gerald Merrithew and to the appropriate Government department. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the copy of a magazine article by Ana Watts regarding the 1991 Pulp and Paper International Transportation Symposium, held in Saint John on October 7 to 9, be received and filed. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that the copy of an excerpt from the October 30 edition of The Globe and Mail newspaper, concerning The Parkerhouse Inn in Saint John, be received and filed. 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 6-12, 1991 $52,205.49 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 90-3, Concrete Curb and Sidewalk - Various Streets QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 7 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 7, dated November 12, 1991 Final holdback release $847,564.50 829,106.08 Nil 825,506.08 3,600.00 252.00 $ 3,852.00 2. Contract 90-29, Cheslev Drive Classic Construction Ltd. Original estimated value of work $326,270.00 83-218 COMMON COUNCIL NOVEMBER 18, 1991 Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated November 13, 1991 Final holdback release 344,637.51 Nil 301,383.40 43,254.11 1,704.01 $ 44,958.12 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, money or a performance bond in the amount of $7,000 be accepted from Gulf Operators as security to ensure the rehabilitation of the gravel pit at 990 Grandview Avenue. Question being taken, the motion was carried. Read a report from the City Manager advising that Manford M. Thompson Construction Company Limited, the developer of Meadow Land Subdivision - Phase 2, at 1100 Sand Cove Road, has now completed part of the work, estimated in the amount of $72,000, and the remaining work valued at $58,000 consists of asphalt seal coat paving, concrete sidewalk and landscaping, and recommending a reduction in the security amount. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the City Manger, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Meadow Land Subdivision - Phase 2, at 1100 Sand Cove Road, be reduced to $58,000 from the existing amount of $130,000. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender of Gulf Operators Ltd., in the amount of $18,725, be accepted for the supply and installation of an above-ground, 1 ,OOO-gallon oil storage tank, subject to it meeting all present environmental standards. Mr. Robichaud advised that the above tank is to replace the fuel oil tank that feeds the large furnace at the Rothesay Avenue Works building; and Mr. Hanlon confirmed that it is a condition of the tender that the tank meets all Provincial and Municipal environmental requirements. With regard to Councillor M. Vincent's concern about whether or not authority has been given to the City to put the tank above ground as compared to it previously being located underground, Mr. Johnson advised that, as part of the permit approval stage, all appropriate approvals will be obtained before a permit is issued. Councillor M. Vincent suggested that it should be ensured, prior to purchase, that the tank meets all jurisdictional requirements for above-ground use whereupon the Mayor suggested that the motion should be adopted subject to the tank meeting all present environmental standards. (Councillor A. Vincent entered the meeting.) Question being taken, the motion was carried. 83-219 COMMON COUNCIL NOVEMBER 18, 1991 On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Gulf Operators Ltd., in the amount of $2,113, be accepted for the demolition of the building located at 1430 Golden Grove Road (NBGIC Number 310359). Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the report from the City Manager submitting a copy of the presentation to Council on October 28 by the Lorneville Rate Payers Association, and responding to the questions therein -- be received and filed and a copy be forwarded to the Association. In response to Council queries, Mr. Robichaud advised that the new regional facilities referred to in the above report are located in Fredericton and in an area on the north shore of the Province, and that the Medical Health Officer has been involved in this matter; and staff was asked to submit to Council, when available, a report on the results of additional well testing in the Lorneville area and the involvement of the Medical Health Officer. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that, further to the request to Council on November 4 by the Saint John Amateur Speed Skating Club for assistance towards the 1992 Charles I. Gorman Outdoor Speed Skating Championships, the Parks Department views this event as a use that brings the citizens to Rockwood Park and suggests that such events be encouraged; and recommending that the Saint John Amateur Speed Skating Club be supported in the amount of $8,000 and that the costs incurred by City forces be directly charged against the special events budget -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Stanchem Inc., at a cost of $315.65/tonne, and the tender of W. H. Shurtleff Co., at a cost of $320.00/tonne, be accepted for supplying fluoride in 30-tonne containers. Mr. Hanlon confirmed that the above amounts represent Canadian currency; and Councillor M. Vincent advised his intent to oppose the above motion on the basis that he would not support a low-tendered company from the United States when there is a close enough bid from a company in the Maritime Provinces. Question being taken, the motion was carried with the Mayor and Councillors Gould, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Solicitor commenting on the status of acquiring good title to satisfy the request of Mr. G. Dwight Hubley, solicitor for Deans Hill Company Ltd., further to Common Council resolution of October 15 authorizing the City Solicitor or his designate to take the 83-220 COMMON COUNCIL NOVEMBER 18, 1991 necessary steps to acquire good title through the Quieting of Titles Act or through expropriation powers or other means that may be available -- be received and filed and Mr. Hubley be advised accordingly. During discussion it was noted that Deans Hill Company Ltd., in its letter considered at the last meeting, expressed anticipation of a December 31, 1991 property transaction completion date, and Mr. Rodgers confirmed that discussion has been held with the firm's solicitor. (Councillor Fitzpatrick withdrew from the meeting.) 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 Peter A. Martin General Contractors Ltd. have been completed, and that the required waiting period for objections expired on November 14, with a written objection containing the names of forty area residents having been received. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Peter A. Martin General Contractors Ltd. for a Municipal Plan amendment and re- zoning of property at 303 Milford 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 6, 1992. 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 Ralph Carpenter have been completed, and that the required waiting period for objections expired on November 14, with no written objection having been received. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of Ralph Carpenter for a Municipal Plan amendment and re-zoning of property at 101 Kennedy 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 January 6, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan 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, two parcels of land located at civic number 101 Ashburn Road (NBGIC Numbers 55020259, 55020424 and part of 55024921), from Low Density Residential to Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Councillor Knibb referred to a letter (copies of which were distributed to Council members at this meeting) from Chiarelli, Cramer, Witteveen & Ritchie, solicitors for R. W. Tomlinson Limited, owner and operator of the Tomlinson Quarry on Ashburn Road, explaining why it is their client's submission that final consideration of re-zoning of the above lands is premature and that subsequent information may demonstrate that the change in land use designation is not desirable and that, should the change in designation find favour, the applicant should clearly be held to the same restrictions 83-221 COMMON COUNCIL NOVEMBER 18, 1991 and conditions on site specific matters before an excavation permit for operations is issued. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. The Mayor suggested that a tabling motion would be in order to provide an opportunity for the City Manager to review the above letter. On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table for one week pending a staff report. Question being taken, the tabling motion was carried with Councillor A. Vincent voting "nay". (Councillor Fitzpatrick re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that third reading of the proposed Zoning By-Law amendment for the re-zoning of the above property be laid on the table. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number C.P. 100-254 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a 1.25 acre portion of a larger lot at 1770 Sand Cove Road (NBGIC Number 403592), from "RF" Rural to "RFM" Rural Mobile Home classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the above re-zoning be pursuant to Section 39 of the Community Planning Act requiring that (1) prior to building permit approval for the placement of the mobile home, the applicant provide evidence of approval by the Department of Health of the on-site sewage disposal facilities; (2) the mobile home site remain as part of the larger property; and (3) the mobile home be for the use of the parents and disabled brother of the present occupant of the one-family dwelling on the lot, and that the mobile home be removed when no longer required for this purpose. The by-law entitled, "By-Law Number C.P. 100-254 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting as he was not present for the November 12 public hearing with respect to the proposed re-zoning of 212-214 Pitt Street.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-255 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 212-214 Pitt Street (NBGIC Number 04986), from "RM-1" Three Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto": 83-222 COMMON COUNCIL NOVEMBER 18, 1991 AND FURTHER that the above re-zoning be pursuant to Section 39 of the Community Planning Act limiting the use to a group care facility licenced by the Province. The by-law entitled, "By-Law Number C.P. 100-255 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Fitzpatrick 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 Tuesday, November 12, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the City acquire from Ian Barton approximately 29 square metres of land at 721 Dominion Park Road, identified as Part A on the submitted plan, under the following terms:- (1) the City will transfer to Mr. Barton approximately 386 square metres of land at the rear of his property shown on the submitted plan as Part B; (2) a payment will be made by Mr. Barton equal to the costs of the survey necessary to create Parcel B; and (3) as a condition to this exchange of land, the City, after the transfer takes place, will extend the existing pipe underground approximately 35 feet to a manhole, with the pipe to then be turned to direct water away from Mr. Barton's property onto the adjoining City land, and the outlet of the pipe will not be visible from the Barton's house and the surface of the ground will be landscaped once the pipe is installed. 2. That as recommended by the City Manager, John 1. Logan be advised that the City is not prepared to sell a portion of the pedestrian way adjoining his property on Bedell Avenue. 3. That as recommended by the City Manager, John Logan, solicitor for the owners of the property at 490 Argyle Street, be advised that the City is not prepared to sell to his clients the requested City land located to the rear of their property. November 18, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Coughlan Seconded by Councillor Davis RESOLVED that section 1 of the above report be adopted. Councillor Flewwelling questioned why the City should exchange 386 square metres of land for 29 square metres and, in noting that the pipe has already been installed, suggested that an easement should have been obtained or the pipe could have been moved approximately six feet onto City land, and Mr. Armstrong, in confirming that the pipe is in place and located on Mr. Barton's property, explained that there was some uncertainty, or an error was made, relative to the location of the particular property line, and that the whole issue is basically due to the fact that the City unknowingly trespassed on Mr. Barton's land and, in view of trying to evaluate whether or not the pipe should be removed and construct it elsewhere, it seemed a fair exchange in that, although Parcel B is larger, it is not of any great use to the City. 83-223 COMMON COUNCIL NOVEMBER 18, 1991 Question being taken, the motion was carried with Councillors Flewwelling and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 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 Flewwelling RESOLVED that the letter from the Major Tournament Committee encouraging Council to re-instate the Boxing and Wrestling Committee so that all boxing and wrestling events held in Saint John are sanctioned and supervised by a knowledgeable group of citizens -- be referred to the Nominating Committee for consideration and to the City Solicitor for a report to Council at the next meeting. Mr. Rodgers advised that, while a referral to the Nominating Committee is in order, it would be necessary for him, concurrently with the referral, to review the legislation because the previous group was not a committee but was the Boxing and Wrestling Commission, which came into existence by legislation, and it would be necessary to see how it was abandoned. Councillor M. Vincent asked if the City could establish a committee with sanctioning rights, without going through the commission approach; and Councillor Fitzpatrick, who initially proposed a motion to refer the above matter to the City Manager for a report to Council, explained that his proposed referral motion was to obtain from staff a report on the reason why the Boxing and Wrestling Commission was disbanded and when, and whether or not there is a need for another such group, and questioned the appropriateness of the Nominating Committee creating a group which may not be in order, and the Mayor advised that Council would consider the requested staff report prior to the Nominating Committee's consideration of the matter. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the memorandum from the Federation of Canadian Municipalities submitting guidelines for the preparation of resolutions, and inviting the submission of resolutions on subject of national municipal interest for debate at the FCM's 1992 Annual Conference in Montreal, June 5 to June 8 -- be referred to the City Manager and any Council members for suggestions on resolutions for submission to FCM. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Gerard Coleman, President of Forest Hills Elementary Home and School Association, informing 83-224 COMMON COUNCIL NOVEMBER 18, 1991 Council of the formation of the Association on October 9, and asking for any assistance and support Council might provide -- be received and filed and the Association be commended on its formation. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the letter from Reverend Kenneth A. MacLaren of the Saint John & District Ministerial Association advising of the formation of the Sub-Committee on Pornography to bring a plan of action against the sale and distribution of pornographic materials and videos in the City, and seeking the support and endorsement of Council of this worthy cause -- be received and filed and Council support the Association in this cause. Mr. Rodgers advised that moral standards are generally controlled through Federal jurisdiction, with some involvement by the Province, and it is his understanding that New Brunswick censorship is combined with Nova Scotia in some manner, and that, while what is being requested of Council is unclear, there is a very narrow limit as to how far Council can go in being involved in that there is no authority for Council to get involved in passing laws. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of L.S.O. Enterprises Ltd. for a Zoning By-Law text amendment with respect to 541 Rothesay Avenue 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 6, 1992. Question being taken, the motion was carried. Read a letter from Saint John Central Business Development Corporation advising that, further to the Common Council meeting of November 12 at which time the Corporation was requested to consult with its members about closing Charlotte Street to vehicular traffic during the month of December for a Christmas uptown promotion, fourteen businesses on Charlotte Street between Union Street and North King Square were contacted of which a significant majority are opposed to the street closing, while it was recognized that the street closing concept may have merits from a promotional standpoint; and also advising that several businesses expressed concern that closing the street for one month may create confusion and frustration for potential consumers who travel to the uptown by car, and it is critical that this not happen during December - the most important retail month of the year. The letter further advises that the closing of South Market Street would create similar logistical problems in that the Street is a loading zone to the businesses on King Street and in the City Market, as well as a fire lane; and recommends, for the reasons outlined herein, that Charlotte Street and South Market Street not be closed to vehicular traffic during the month of December. Mr. Rodgers noted that Council, at its last meeting, gave first and second readings to a proposed Street Closing By-Law amendment with respect to the above proposal, and suggested that a motion to receive and file the above letter should be accompanied with instruction to the Common Clerk to not proceed with the advertising of a proposed By-Law amendment. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above letter from Saint John Central Business Development Corporation be received and filed: 83-225 COMMON COUNCIL NOVEMBER 18, 1991 AND FURTHER that the Common Clerk be instructed to not proceed with advertising a proposed Street Closing By-Law amendment in this regard. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from Carl E. McDermott expressing the opinion that some action should be taken with respect to the corner of Sherbrooke and Bleury Streets, in view of the number of accidents during the summer of 1991, and that stop signs should be placed at Montreal Avenue, which would slow traffic at this point to allow children to cross in a much safer situation -- be referred to the City Manager for a report at the next meeting. It was noted that the above concern was previously brought to Council's attention. Question being taken, the motion was carried. The Mayor commented on the plans for the exchange visit of Caraquet to Saint John, commencing on November 22, as part of the Province's Community Exchange Program to encourage the twinning of French and English-speaking municipalities. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk