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1992-03-23_Minutes 83-431 COMMON COUNCIL MARCH 23, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of March, AD. 1992, at 4:00 o'clock p.m. present Arthur L. Gould, Deputy Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. C. Robichaud, Acting City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; 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; D. O'Leary, Director of Economic Development; D. Sherwood, Chief of Police; R. McDevitt, Fire Chief; M. Hanlon, Purchasing Agent; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Michael Trites of Edith Avenue United Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on March 16, 1992, be approved. Question being taken, the motion was carried. (Councillor Fitzpatrick entered the meeting.) On motion of Councillor Rogers Seconded by Councillor Fitzpatrick RESOLVED that the notice of a panel discussion sponsored by Saint John West Women's Liberal Association (copies of which were forwarded to Council members as an information item) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a letter from Centre Communautaire Samuel-de-Champlain requesting funding in the amount of $1,000 for the second annual cultural celebration, "Frolic '92". Councillor Knibb proposed a motion, which was seconded by Councillor M. Vincent, to refer the above request to the City Manager for advice with regard to a grant. Deputy Mayor Gould concurred that, while it is in order for Council to deal with a request of this nature at this time, the request should be referred to determine what has been done in the past. Mr. Wilson advised that the City gave a grant of $1,000 to the above event in 1991 whereupon the proposed motion was withdrawn. (Councillor A Vincent entered the meeting.) On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that a grant of $1,000 be approved with respect to Centre Communautaire Samuel-de-Champlain for its second annual cultural celebration, "Frolic '92". 83-432 COMMON COUNCIL MARCH 23, 1992 Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a letter from Steve Foster regarding participation in the Canadian National Darts Tournament, as well as a copy of a letter from Director of Recreation J. Brownell, advising that, as darts is not recognized as a sport in New Brunswick, no support could be received in this regard; and suggesting that Council may wish to consider some form of grant to the team of which Mr. Foster is a member. Councillor Rogers proposed a motion, which was not seconded, to refer the above request to the Major Tournament Committee. Deputy Mayor Gould expressed the understanding that there is no policy in existence to permit staff to make a recommendation concerning this item in that the request does not meet the City's policy. Councillor M. Vincent made the observation that he could not recall City staff having taken the position to deny other grant requests because the event was not recognized as a sport, and also that Council has approved grants for persons who were over the age category referred to in Mr. Brownell's submitted letter, and suggested that staff should submit a report to Council on the rationale for darts not being recognized as a sport. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that a grant of $200 be approved in response to Steve Foster's request for a donation to assist six dart players from Saint John to participate in the Canadian National Darts Tournament to be held in Victoria, British Columbia: AND FURTHER that staff be requested to submit a report to Council on the rationale for darts not being recognized as a sport. Mr. Wilson confirmed that Council does have a policy on requests of the above nature in that requests from sporting groups participating out of the City are referred to the Recreation and Parks Advisory Board which, in turn, has a policy of normally giving assistance if the group has won the Provincial or Maritime championship and is representing the City at the tournament and that the participants are under the age of 20 years. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from the New Brunswick Chapter of the Canadian Public Relations Society requesting a grant of $500 for an opening-day breakfast at its Annual Provincial Conference in Saint John on April 23 to 25 -- be referred to the City Manager for a recommendation on what assistance should be given. Question being taken, the motion was carried. Consideration was given to a letter from Councillor Rogers referring to a report received by Council in 1987 prepared by Deputy Commissioner of Finance 1. Totten, entitled "A Case for the Continuance of the Uniform Tax Rate", which provides an analysis of the question of uniform tax rates across all areas of the City; and asking that Council support a motion to have Mr. Totten review and update this report for submission to Council on the feasibility of considering alternatives to a uniform tax rate for the City. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that Deputy Commissioner of Finance 1. Totten review and update the report "A Case for the Continuance of a 83-433 COMMON COUNCIL MARCH 23, 1992 Uniform Tax Rate" for submission to Council on the feasibility of considering alternatives to a uniform tax rate for the City. During discussion Councillor Knibb objected to the implication that the only service received by outlying areas is garbage collection in that the City's total expenditures include police and fire services and recreation, facilities such as the Library, the Trade and Convention Centre, the Aquatic Centre, and the Harbour Commission, and made the observation that the assessed property value reflects the services to the various areas; and Mr. Wilson confirmed that the total taxes paid are based on not only the rate but the assessed value of the property and, certainly, as indicated by one of the observations of the 1987 report, a random sampling of properties indicates that assessments do vary in different parts of the City, whether rural, suburban or downtown areas, to reflect the services being provided, and that a large percentage of the City's budget is expended to the benefit of every citizen, and made the observation that taxing, at best, is an averaging of all costs among all citizens. Question being taken, the motion was carried with Councillor Knibb voting "nay". Read a letter from Councillor Flewwelling asking that Council be informed on the expenditures listed as to their use, where and by whom. (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the above letter from Councillor Flewwelling be received and filed. Mr. Wilson responded to the questions asked in Councillor Flewwelling's letter, noting that, as indicated previously to Council, a number of questions could result from a mistake in typing of descriptions of the various expenditures in the monthly listings. (Councillor M. Vincent re-entered the meeting during the above remarks.) Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the notice of a panel discussion to be held on March 23, as a commemoration of International Women's Day and Canada's 125th Birthday, sponsored by the Saint John West Women's Liberal Association -- be received and filed. Question being taken, the motion was carried. Read a report from the City Manager referring to the November 25 presentation by the Saint John Central Business Development Corporation and Lee Parsons of Malone Given Parsons Limited of the findings of the Saint John Uptown Development Opportunity Study which identified a number of potential projects which merit support by the community, with three selected as projects deserving special attention as follows: (1) the rehabilitation and use of the upper floors of those historic buildings which can meet specific locational and physical criteria; (2) the redevelopment (in whole or in part) of the Calp's Block; and (3) the redevelopment (in whole or in part) of the Coast Guard (South Market Wharf) site; and advising that the special committee created by the CBDC, on which Councillor Fitzpatrick represents the City, is now meeting to develop the details of the process from here. The report also advises that the CBDC sees its role as stimulating or facilitating serious interest among private property owners or developers who, in full cooperation with respective property owners, might prepare proposals to carry out a strategic project uptown and, to this end, the 83-434 COMMON COUNCIL MARCH 23, 1992 CBDC has met with the property owners of the lands initially identified for strategic projects, and is also meeting with the other interest groups to stimulate activity; and further advises that staff will continue to work with the CBDC during the next steps of the process, which is complementary to the Uptown Strategy preparation, and efforts will be made to encourage businesses and developers to formulate their concepts for development. The report adds that the study also complements the Heritage Incentive Program for Upper Floor Rehabilitation and staff has attended initial meetings with a number of property owners interested in examining the potential for upper floor development of their buildings; explains that, when a project is selected and recommended by CBDC for funding under the UEDA program, it will be necessary for Council to review the grant application prepared by CBDC and make a recommendation to the Province; and submits a recommendation in this regard. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council support the work of the Saint John Central Business Development Corporation with respect to the Saint John Uptown Development Opportunity Study and direct staff to continue its coordination with the CBDC and potential developers through the next steps of the process. Question being taken, the motion was carried. Read a report from the City Manager advising of changes in the following six leases for space at the City Market which are ready for renewal, and that one requires a change in name, being Whale of A Cafe, on agreement from Wayne Jagoe:- European Sausage Farm Ltd., Vern's Bakery Ltd., Butland and Butland Ltd., 049021 N.B. Ltd. (Chilly Willy), Stillwell Foods Ltd., Perry's Market Ltd., and that the increase is $2 per square foot for stall space and $.10 per square foot for the promotional fund, and submitting information on the City Market fees and a City market lease summary. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the Legal Department prepare new leases with the changes as indicated in the above report, and that the Mayor and Common Clerk be authorized to execute the new leases. (Rescinded with respect to 049021 N.B. Ltd. (Chilly Willy) September 21, 1992 Bk. 83 Pg. 744 ) 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 certificate, namely:- 1. Contract 91-26, Gault Road Street Reconstruction Nautilus Construction & Rentals Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated March 16, 1992 Partial Holdback Release. $352,047.80 332,680.51 5,860.00 260,569.10 66,251.41 4,334.20 $ 66,251.41 Question being taken, the motion was carried. 83-435 COMMON COUNCIL MARCH 23, 1992 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Eddy Group Ltd. be accepted for the supply of gate valve box components, at the prices quoted, plus taxes, as indicated in the submitted report from the City Manager, and that staff be authorized to approve purchases up to a value of $26,000 for these items. 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 of Phoenix Commercial Cleaning Ltd., in the amount of $95,016 per year, be accepted for janitorial services at City Hall for a period of two years from May 1, 1992 to April 30, 1994. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read a letter from the City Manager submitting correspondence from the Legal Department with respect to a request for an easement to permit the encroachment of the building at 40 Adelaide Street upon Metcalf Street, and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of $1.00, to execute a grant of easement in favour of Gregorash Ltd., the owner, to permit the encroach of its building upon Metcalf Street, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. Read a letter from the City Manager submitting correspondence from the Legal Department with respect to a request for an easement to permit the encroachment of the dwelling at 15 Victoria Street upon Victoria Street, and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of $1.00, to execute a grant of easement in favour of J. Arnold Ritchie and M. Rosalie Ritchie, the present owners, to permit the encroachment of their building upon Victoria Street, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. Consideration was given to a status report from the City Manager on the actions taken in response to the recommendations of the Lower West Side Neighbourhood Plan, which was referred to the City Manager by Council on November 4, 1991; noting that there has been an active involvement of the West Side Preservation and Development Association and the City during the last few years, the restoration of Tilley Square being an example of this, and that there will continue to be significant capital expenditures by the City on improvements to Fire Station #6 on King 83-436 COMMON COUNCIL MARCH 23, 1992 Street West as well as on the Carleton Community Centre, and also that, with regard to the letter received by Council on June 5, 1989 from a resident of the Lower West Side urging Council to consider providing heritage planning assistance to preserve the historic homes in the area, the Heritage Strategy which is scheduled to begin in 1992 will identify future preservation areas; and submitting recommendations as up-dated recommendations of the Lower West Side Neighbourhood Plan. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council adopt the following as up-dated recommendations of the Lower West Side Neighbourhood Plan: A. That work continue to upgrade the infrastructure and streetscapes with a particular emphasis in adding grass and trees to road allowances; B. That the City continue to work with the Province and private industry to monitor and reduce pollution in the Lower West Side; C. That an incentive program for rehabilitating housing continue to be pursued; D. That the City continue to support infill housing development and to work with all non-profit housing groups, and the Province, to stimulate residential development and redevelopment; E. That the Port Corporation be encouraged to provide improvements - to build an improved traffic route and buffer zone and that the City work with the Port to accomplish these goals; F. That the Lower West Side Committee and Common Council urge CAR and Marine Atlantic to landscape their properties around the Digby Ferry landing to make the site more attractive and to facilitate greater enjoyment of its waterfront location by the public; G. That new commercial uses, with the exception of neighbourhood convenience stores, should generally be required to locate in the "B-2" Zone centred on King Street West; H. That staff work with the business and residential community to attempt to facilitate additional development in the neighbourhood centre; I. That future development be compatible with the area; J. That Community Planning and Engineering work with the Port and Province to develop a long-term solution to the traffic concerns; and K. That the long-term solution in regard to truck traffic on Prince Street and Duke Street be identified. Question being taken, the motion was carried. Read a report from the City Manager advising that the maintenance rates for Provincially-designated highways submitted by the Province are the same this year as last and the street inventory has been checked and agreed to by staff; also advising that applying these rates to the measured lengths will result in the Province paying the City $604,459.92 for 1992; further advising that the actual amount to be paid by the City for various types of pavement markings on designated highways will not be known until the actual quantities of pavement markings are measured in the fall; however, the payment should be approximately $40,000; and recommending adoption of the agreement with the Province. On motion of Councillor Knibb Seconded by Councillor Coughlan 83-437 COMMON COUNCIL MARCH 23, 1992 RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the maintenance agreement for Provincially-designated highways. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the application of Deans Hill Company Ltd. for a Municipal Plan amendment, re-zoning and approval of a revised development proposal for property on Douglas Avenue, Main Street and Chesley Drive, which is the subject of a letter from the Common Clerk subsequent to the procedure following the February 17 public presentation; advising that, while the applicant owns the majority of the land on Douglas Avenue and Main Street which is proposed to be re-zoned from "RM-1" Three-Storey Multiple Residential to "ID" Integrated Development, two small portions of the land are owned by other parties, one by the City as discussed herein, and 56 Douglas Avenue owned by Mrs. Georgianna Nadeau; also advising that, while at the time of writing this report, authorization for the applicant to proceed with re-zoning 56 Douglas Avenue had not been received, it is expected that this necessary authorization will be received prior to the March 23 Common Council meeting in that the applicant is aware that the application cannot be processed further until a letter of authorization from Mrs. Nadeau is submitted to the Common Clerk; and recommending that (1) Common Council authorize the applicant to proceed with the re-zoning of a portion of City-owned land on the corner of Douglas Avenue and Chesley Drive, as indicated on the submitted plan; and (2) the application of Deans Hill Company Ltd. for a Municipal Plan amendment, re- zoning and adoption of a development proposal pursuant to Section 39 of the Community Planning Act be referred to the Planning Advisory Committee, and the necessary advertising for a public hearing be authorized upon receipt of a letter from the owner of 56 Douglas Avenue authorizing the applicant to proceed with the re- zoning of 56 Douglas Avenue. 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 attached copy of the application of Deans Hill Company Ltd., concerning property at Main Street, Douglas Avenue and Chesley Drive, have been completed, and that the required waiting period for objections expired on March 18, 1992, with written objections having been received from Miss Dorothy Jackson, A. R. Madsen, Erik and Carol Madsen, Carol Patterson, and Mark G. Smith. The Common Clerk confirmed that a letter was received earlier this date from Mrs. Georgianna Nadeau of 56 Douglas Avenue advising that she has signed an agreement with Thorcor Holdings Ltd. regarding the purchase and sale of the above- mentioned property. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that Common Council authorize the applicant to proceed with the re-zoning of a portion of City-owned land on the corner of Douglas Avenue and Chesley Drive, as indicated on the submitted plan, and that the application of Deans Hill Company Ltd. for a Municipal Plan amendment and re-zoning of property at Main Street, Douglas Avenue and Chesley Drive, be referred to the Planning Advisory Committee and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 27, 1992. With respect to a question related to the availability of detailed drawings and documentation for the above proposal, Mr. Bedford advised that the public is able to review any plans available at this time and that staff has yet to receive information requested from the developer on cross sections and elevations; and, responding to the concern about the lack of such details prior to the public hearing and a question on the status of the sale of the City property to the applicant, Mr. Rodgers advised that he is not aware of anything outside of the statutory procedure related to the application in that the public hearing is for the purpose of dealing with the public views on the proposal and all of the information being available and, while administratively, information can be made available for persons who wish to gather information, nothing 83-438 COMMON COUNCIL MARCH 23, 1992 in that information is in any way to detract from what is to take place at the public hearing, after which Council is not obligated to vote for an approximate six-month period in which to ensure that all of the information is available, examined, discussed and debated; and also advised that the quieting of titles hearing for the property in question is scheduled for April 27 and the other matter with respect to possible expropriation is being reviewed to ensure that, if necessary, expropriation can take place without any question after about the transfer. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Solicitor advising that, further to Council's consideration on March 16 of the Planning Advisory Committee's letter concerning a proposed development at 920 Sand Cove and a letter from David E. King in this regard, the Assistant City Manager - Operations has informed him that the issue of drainage and sewage flow is controlled and regulated by existing policies and City by-laws, including the conditions attached to the variance by the Committee; and concluding that he is satisfied that Council may, if it so wishes, discuss the proposed development further with the appropriate City staff and/or the developer for the purpose of clarifying any concerns about these matters; however, Council cannot interfere with the variances granted by the Planning Advisory Committee -- be received and filed, and any further problems on drainage and sewer flow be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling 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 at 10 and 33 Magazine Street (NBGIC Numbers 31088 and 24455), from Low Density Residential to High Density Residential classification, 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. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number C.P. 100-267 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 10 Magazine Street (NBGIC Number 31088), from "IL-1" Neighbourhood Institutional to "RM-2" High Rise Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-267 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. 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 83-439 COMMON COUNCIL MARCH 23, 1992 Your Committee begs leave to report that it sat on March 16, 1992, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Councillor Davis be appointed as Council's representative on the Central Resource Committee for Citizens Groups. 2. That further to Council resolution of February 3, 1992, the following persons be appointed to the Upper Floor Grant Programme Management Committee, representing the agencies as noted: Linda Gillis (Provincial Assessment Department); Raymond French (Central Business Development Corporation); Linda Rector (Saint John Real Estate Board); Tim Flood (Construction Association); Graham MacDonald (Financial institution); and Tom Horrocks (study consultant). 3. That Councillor Rogers be appointed as Council's representative on the Board of Directors of Hospitality Saint John Inc. Saint John, N.B. March 23, 1992. 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 Coughlan Seconded by Councillor Flewwelling RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". Councillor Rogers asked why the full Nominating Committee report considered at the above Committee of the Whole meeting is not being considered at this time, to which Deputy Mayor Gould advised that, as the person concerned has not yet been contacted, it is unknown whether or not he is prepared to accept the nomination in question. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Figure Skating Club advising that it is now in a very difficult situation and would like to make an appeal for support; and asking that the ice costs be waived for its summer skating school -- be referred to the City Manager for advice. Question being taken, the motion was carried. On motion of Councillor Knibb 83-440 COMMON COUNCIL MARCH 23, 1992 Seconded by Councillor Landers RESOLVED that the letter from the Christian Action Federation of New Brunswick advising that it has read with interest recent newspaper articles concerning the City's proposed smoking by-law, and commending the City's efforts to improve the health of its citizens by implementing such a by-law; and advising that it trusts that the City will introduce a by-law that is enforceable with provision for hefty penalties for those guilty of violation -- be received and filed. Councillor Landers asked if the above group could be notified at the same time as other individuals and groups, including the Lung Association, Dr. R. Beveridge and Dr. Scott Giffin, who wish to appear before Council when the proposed by-law is to be considered by Council. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor A. Vincent RESOLVED that the Christian Action Federation of New Brunswick be notified of the date at which Council will consider a proposed no-smoking by-law. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from New Brunswick's Eastern Star Magazine advising that the current advertisement of the City of Saint John on the inside cover of its magazine has come up for renewal, and asking favourable consideration for renewal at the same minimal $120 for the two column by five inch vertical space in four quarterly publications -- be received and filed and authorization be granted for an expenditure of $120 for placement of the City's advertisement as indicated on the submitted copy with the inclusion, in this and future advertisements, of the names of the members of Common Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk