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1991-12-16_Minutes 83-268 COMMON COUNCIL DECEMBER 16, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of December, AD. 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. P. Groody, Acting 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; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; W. Butler, Director of Water and Sewerage Services; D. O'Leary, Director of Economic Development; S. Galbraith, Director of Supply and Services; B. Morrison, Director of Parks; M. Hanlon, Purchasing Agent; G. Tait, Deputy Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor called the meeting to order with the recitation of The Lord's Prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on December 9, 1991, be approved. Question being taken, the motion was carried. On motion of Councillor A Vincent Seconded by Councillor Knibb RESOLVED that a report from the Acting City Manager (copies of which were distributed to Council members at this meeting), concerning an Atlantic Canada Opportunities Agency Action Program, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. (Councillor Coughlan entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne submitting a letter from the Canadian School Boards Association's Congress on Education requesting the City to sponsor a refreshment break at its Congress to be held in Saint John from July 2 to 5, 1992 -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting a letter from the New Brunswick Association For Community Living requesting that the City, once again, support its Annual All Star Hockey Game by placing an ad in its souvenir program; and recommending that the City pay the $300 83-269 COMMON COUNCIL DECEMBER 16, 1991 which is the cost of a full-page ad -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the report from the Acting City Manager referring to the submitted letter from Dan Gillcrist commenting on his previous attempts on behalf of the St. Martins & District Lions Club to have a bus shelter built and located on the corner of Range Road and the St. Martins Highway for passengers waiting for the Loch Lomond bus; advising that, after Council gave permission in April 1991 to construct the bus shelter, members of the Lions Club contacted various City staff but did not proceed; also advising that, on December 4, staff contacted Mr. Gillcrist to explain that Council had approved the request and to discuss the procedure to be followed; and submitting a copy of a letter subsequently forwarded by staff to Mr. Gillcrist on December 4 confirming the above -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Acting City Manager, the tender for equipment rental be awarded as indicated in the submitted bid summary. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the tender of Fairville Department Store, in the amount of $74.50 per pair, plus 7% G.ST, be accepted for the supply of 200 pair of Kaufman #270-0465 Safety Work Boots. (Councillor M. Vincent entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the report from the Acting City Manager advising that, further to Common Council resolution of December 2 approving the requirements for exercising the repurchase option for 9 Somerset Street which is exercisable December 17, a request has been made to extend this date to equal 22 working days from when the contractor is on site as contractors bidding on the job of removing the rock from the property indicated that 22 working days will be required; explaining that, as the Company's request for an extension is open ended in that starting the work depends on an unknown date and the Company has advised that arrangements for the contractor cannot be finalized until Council's approval is received and, to prevent the need for further extension, a two-month extension is recommended; and recommending that the date for exercising the option on the property at 9 Somerset Street be changed from December 17, 1991 to February 19, 1992 -- be received and filed and the recommendation adopted. Concern was expressed about a further extension of the option and whether or not the property would, in fact, be developed, and Mr. Todd advised that, as Mr. Lunney has a fair investment in the property, it would be to his advantage to attempt to complete development, and also that removal of the rock from the above 83-270 COMMON COUNCIL DECEMBER 16, 1991 property would actually increase the value of the land; however, the price to the City would not increase should the repurchase option be exercised. Question being taken, the motion was carried. Read a report from the Acting City Manager advising that, further to Council's approval on June 18, 1990 of the placement of a mobile home for the period of one year on property at 1369 Westfield Road, the applicant has requested that Council approve the mobile home to remain on the property for an additional year, and there is no objection to the short-term location on this site; and recommending that the mobile home be permitted to remain for an additional year. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that as recommended by the Acting City Manager, the mobile home at 1369 Westfield Road be permitted to remain for an additional year. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the Acting City Manager regarding READ Saint John's request on December 2 for Council to waive the green fees associated with the use of the Rockwood Park Municipal Golf Course on June 12 for a literacy fund-raising event; advising that the cost to the City will be in the amount of revenue lost for a normal day of golf at the course which has been set at $2,500 as assessed by such events which have taken place in the past; and recommending that a grant in the amount of $2,500 be provided from the special events fund to waive 100 green fees associated with the Peter Gzowski Invitational Golf Tournament to be held at the Rockwood Park Municipal Golf Course on June 12, 1992 -- be received and filed and the recommendation adopted. (Rescinded May 19, 1992 Bk. 83 Pg. 540 ) Staff was requested to advise Council of the amount remaining in the 1991 budget allotment for grants of the above nature. Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager advising that, in order to receive the Federal Government's contribution of $250,000 towards design costs of the Saint John Regional Exhibition Centre which is being made available through the Atlantic Canada Opportunities Agency (ACOA), an agreement must be executed between the City and ACOA, such agreement simply to provide for the amount of funding and a date for design completion, being December 30, 1992, and the City will have no difficulty meeting the requirements of the proposed agreement. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the Mayor and Common Clerk be authorized to execute the submitted agreement with the Atlantic Canada Opportunities Agency for funding relative to design costs of the Saint John Regional Exhibition Centre. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting as he was not present at the July 22, 1991 public hearing for the proposed Municipal Plan amendment and re- 83-271 COMMON COUNCIL DECEMBER 16, 1991 zoning of 300 Sandy Point Road, and Deputy Mayor Gould withdrew due to a possible conflict of interest.) 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, a parcel of land at 300 Sandy Point Road (NBGIC Numbers 48637,48645 and 55018824), from Low Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Mr. Rodgers advised that, although the Section 39 agreement is not yet finalized with respect to the requirement for submission of a site development plan and provision of security, this is the last Council meeting in the six-month period under the Community Planning Act for the proposed amendments to be enacted, otherwise the process would have to begin again; and that it is his recommendation that, under the circumstances, Council proceed with third readings at this meeting and he would undertake, prior to the Common Clerk's filing of the amendments in the Registry Office, to see that the agreement is in place. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried with Councillors Landers and Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-258 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 300 Sandy Point Road (NBGIC Numbers 48637,48645 and 55018824), from "R-2" One- and Two-Family Residential to "1-1" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to an agreement between the City and the Developer. The by-law entitled, "By-Law Number C.P. 100-258 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 with Councillor Landers voting "nay". (Councillors Fitzpatrick and Gould re-entered the meeting.) (Councillor M. Vincent withdrew from the meeting as he was not present for the December 9 public hearing with respect to the proposed Municipal Plan amendment and re-zoning of 25 Station Street.) 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 (1) redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 25 Station Street (NBGIC Number 40048), and portions of the adjacent street system, from Restricted Industrial and High Density Residential to Central Area Commercial classification; (2) redesignating on Schedule 6-A, the Central Business District Future Land Use Plan, the same area to 83-272 COMMON COUNCIL DECEMBER 16, 1991 Civic-Commercial classification; and (3) amending Policy statement 6.3.1. by inserting the words "civic, entertainment, and recreational" after the word "commercial" so that the policy reads: "To permit major concentrations of commercial, civic, entertainment and recreational facilities of a City-wide or regional significance elsewhere in the City only where it can be shown that the extent of facilities at the location intended will likely, when established, result in a decline in the economic viability, vigour and vitality of the Central Business District.", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried with Councillors Flewwelling and Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-259 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 25 Station Street (NBGIC Number 40048), excluding portions of the adjacent street system, from "1-1" Light Industrial to "B-3" Central Business classification, and amending section 540(1) by inserting the words "exhibition centre" after the words "community centre", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-259 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 with Councillors Flewwelling and Gould voting "nay". (Councillor M. Vincent 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 December 9, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, property at 40 Station Street, identified as NBGIC Number 39875, be acquired from the Province of New Brunswick Department of Transportation, at a price of $7,000, relative to the Saint John Regional Exhibition Centre. 2. That as recommended by the City Manager, the loading bay of the rear Lipton (Brooke-Bond) building fronting on Smythe Street be rented to Partridge Island & Harbour Heritage Inc. on a month-to-month basis, commencing December 15, 1991, at a rental of $170 per month in advance. 3. That as recommended by the City Manager, the City-owned lands on McAllister Drive/Lakewood Avenue West, known as LRIS Numbers 313429 and 436683, be sold to 039169 N.B. Inc. on the following terms and conditions: (1) the company will be given an irrevocable option to purchase until March 31, 1993 the subject lands as shown on the submitted Schedule "A" for $170,000; (2) the company will during the option period: (2.1) make the necessary application for the re-zoning of Parcel 1 for use as a Business Park; the City will not be explicitly or implicitly obligated to approve such application, and the re-zoning application will not include use of the lands for a shopping centre or for any operation whose principal line of business is the 83-273 COMMON COUNCIL DECEMBER 16, 1991 sale of items typically sold in shopping centres but this will not preclude the use of part of the tenant's premises for retail purposes; (2.2) prior to the commencement of construction, prepare and obtain necessary approvals for the subdivision of Parcel 2 in accordance with its existing zoning or some other low density residential zone which it may wish to make application for; the City will not be obligated to approve any re- zoning application or subdivision plan submitted; (2.3) prepare the necessary plans and receive the necessary approvals for the installation of a sanitary sewer system to service the sites; (3) transfer of title to the properties will occur within 90 days of successful re-zoning of Parcel 1; and (4) the City will retain an option to repurchase the lands if installation of the approved sanitary sewer system has not commenced and is proceeding to completion within one year of transfer of title. 4. That as recommended by the City Manager, Council approve an annual one-step salary adjustment for the following department heads and other officials which Common Council has the power to appoint, effective September 1, 1991: Director of Community Planning, Director of Tourism, Building Inspector, Director of Economic Development, Director of Housing and Property Management, Director of Recreation, Director of Water and Sewerage Services, Director of Supply and Services, Director of Works, Commissioner of Human Resources, Commissioner of Environment and Infrastructure Services, and Fire Chief. 5. That Council approve an annual one-step salary adjustment, effective September 1, 1991, for the City Solicitor, Common Clerk and Assistant Common Clerk. December 16, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillors Flewwelling and Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould 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 as recommended by the City Manager, the City-owned lands on McAllister Drive/Lakewood Avenue West, known as LRIS Numbers 313429 and 436683, be sold to 039169 N.B. Inc. on the following terms and conditions: (1) the company will be given an irrevocable option to purchase until March 31, 1993 the subject lands as shown on the submitted Schedule "A" for $170,000; (2) the company will during the option period: (2.1) make the necessary application for the re-zoning of Parcel 1 for use as a Business Park; the City will not be explicitly or implicitly obligated to approve such application, and the re- zoning application will not include use of the lands for a shopping centre or for any operation whose principal line of business is the sale of items typically sold in shopping centres but this will not preclude the use of part of the tenant's premises for retail purposes; (2.2) prior to the commencement of construction, prepare and obtain necessary approvals for the subdivision of Parcel 2 in accordance with its existing zoning or some other low density residential zone which it may wish to make application for; the City will not be obligated to approve any re-zoning application or subdivision plan submitted; (2.3) prepare the necessary plans and receive the necessary approvals for the installation of a sanitary sewer system to service the sites; 83-274 COMMON COUNCIL DECEMBER 16, 1991 (3) transfer of title to the properties will occur within 90 days of successful re-zoning of Parcel 1; and (4) the City will retain an option to repurchase the lands at the selling price if installation of the approved sanitary sewer system has not commenced and is proceeding to completion within one year of transfer of title. (Rescinded February 10, 1992 Bk. 83 pg. 356 ) During discussion Mr. Todd gave an example of a potential use of the above property as a business park, and the mover and seconder of the motion to adopt section 3 concurred with Deputy Mayor Gould's observation and Mr. Todd's confirmation that reference should be made in section (4) thereof to the City retaining an option to repurchase the lands at the selling price, and the motion was changed accordingly. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that section 4 of the above report be adopted. Mr. Groody advised that it was confirmed with the City Solicitor that the proposed one-step salary adjustments are not in contravention of the Provincial Expenditure Management Act which froze municipal wages; commented on the provisions in the collective agreements with the civic unions for annual step increases; and also advised that the report of Hay Management Consultants job evaluation of managerial/professional positions is anticipated to be submitted to Council around the first of March 1992. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of Villa Ridge Construction Ltd. for the re-zoning of 927 Grandview 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 February 3, 1992. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from E. MacLean asking Council for a constructive solution to a problem on the east side of Champlain Drive, which occurs on a regular basis every time there is a fairly heavy snowstorm, in that during and following the storm the City plows clear the roadway invariably pushing the road snow across the sidewalks and filling in the driveways to the houses; and suggesting that a sidewalk plow could clear the walks blowing the snow onto the adjacent lawns and leaving the driveways clear, or the City could have a local man who has a plow on his truck clear the driveways that have been filled in by City plows -- be referred to the City Manager for a report to Council. Councillor Knibb, who initially proposed a referral motion to the City Manager which was seconded by Councillor Coughlan, withdrew the motion upon 83-275 COMMON COUNCIL DECEMBER 16, 1991 Councillor M. Vincent's query as to the propriety of a referral motion in that there is a question about what action, if any, can be taken insofar as sidewalk plows and means of driveway clearing are concerned; and during discussion Mr. Robichaud advised that Works Director Murray Jamer intends to provide Council with a teach-in on the City's snow plowing procedure, and the Mayor called for a motion to refer the matter to the City Manager. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Gould RESOLVED that the letter from Shekhinah Temple Inc. advising that the Saint John Ministerial & District Association of Saint John has struck a sub-committee to bring a plan of action against the sale and distribution of pornographic materials and videos in the City and will be appealing to various establishments to discontinue the distribution of the same -- be received and filed and Council wish the Association well in its endeavour. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk