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1992-10-26_Minutes 83-800 COMMON COUNCIL OCTOBER 26, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-sixth day of October, 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; P. Woods, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; 1. Totten, Commissioner of Management Services; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; B. Morrison, Director of Parks; S. Galbraith, Director of Supply and Services; D. Logan, Purchasing Agent; C. Campbell, Manager - Policy Division, Planning; J. Baird, Manager- Development Division, Planning; B. Malone, Planner; R. McDevitt, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Paul Inman of Tabernacle United Baptist Church offered the opening prayer. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that minutes of the meeting of Common Council, held on October 19, 1992, be approved. Question being taken, the motion was carried. The Mayor advised that, due to the fact that the City will be hosting a dinner on Thursday, October 29 for its Sister City of Bangor, Maine, it will be necessary to reschedule the October 29 hearing on the proposed smoking by-law until Thursday, November 5, commencing at 7:00 o'clock p.m., with the first hearing on the proposed by-law scheduled for Tuesday, October 27, commencing at 7:00 o'clock; and called for a motion to reschedule the October 29 hearing accordingly. On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that the Thursday, October 29 hearing on the proposed smoking by-law be rescheduled to Thursday, November 5, commencing at 7:00 o'clock p.m. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". The Mayor proclaimed October 25 to November 1 to be White Ribbon Week to affirm the White Ribbon Campaign of W.R.A.P., White Ribbon Against Pornography; November 1 to 7 to be Recreation Awareness Week; October 31 to be National UNICEF day; and October 30 to November 10 to be Poppy Week and encouraged all citizens to observe the week by wearing the Memorial Poppy of the Royal Canadian Legion. 83-801 COMMON COUNCIL OCTOBER 26, 1992 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that a matter (which was considered in Committee of the Whole earlier this date) concerning a Mardi Gras celebration be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Mayor extended best wishes to Constable David Jones of the Saint John Police Force who is in the Victoria General Hospital in Halifax, Nova Scotia, recovering from heart transplant surgery. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment, to delete from Section 840(3) the existing subsections (b), U) and (k) and insert: "(b) In a "B-1" or "BR" zone, the following signs are permitted: - signs permitted in subsection 3(a) restricted to the purpose and maximum area provided therein. - facia signs placed with a maximum area of .4 square metres per metre of lot width for purposes other than those provided for in 3(a). - one projecting or freestanding sign with a maximum area of 6.0 square metres for purposes other than those provided for in 3(a). U) In an "RF" or "RFM" zone the following signs are permitted: - all signs permitted in subsection 3(a) restricted to the purpose and maximum area provided therein. - one facia, projecting or freestanding sign with a maximum area of 4.8 square metres for purposes other than those provided for in 3(a). - poster panels, subject to the requirements of subsection (5). (k) In a "P" zone the following signs are permitted: - all signs permitted in subsection 3(a) restricted to the purpose and maximum area provided therein. - facia, projecting or freestanding signs with a maximum area of 4.5 square metres per use for purposes other than those provided for in 3(a)."; to clarify that the sign provisions for home occupations and other residential- type signs are the same for all zones, and that no written objections were received in this regard. No person was present with respect to the proposed amendment. Consideration was given to a report from the Planning Advisory Committee recommending that Section 840(3) of the Zoning By-Law be amended by deleting the existing subsections (b), U) and (k) as indicated above. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Section 840(3), be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Section 840(3), be read a second time. 83-802 COMMON COUNCIL OCTOBER 26, 1992 In response to Councillor M. Vincent's query about retroactivity in the application of conditions on signs, Mr. Bedford referred to Council's action on September 21, 1992 invoking the provisions of the above By-Law amendment pursuant to Section 71 of the Community Planning Act. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an approximately 1.3 acre parcel of land located at 980 Westfield Road (a portion of NBGIC Numbers 55047088 and 55047096), from Light Industrial to Low Density Residential classification, to permit this lot to be re-zoned to "RS-2" One- and Two-Family Suburban Residential classification and developed for residential use. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. John McAloney, Chairman of Skate-To-Care '93, which is scheduled for February 6, 1993, requesting permission to use the Lily Lake area and Pavilion on that date which includes: (1) preparation of the ice surface; (2) plowing the Lake and campground areas, entrance and exit roads; (3) co-operation with transportation and parking strategies; (4) sleigh rides on February 6, 1993, if possible; (5) waiver of the Pavilion rental fees; and (6) site preparation, operation and dismantling -- be received and filed and the request be approved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 92-0812BT - Painting Stu Hurley, Hilton Belyea & Gorman Arenas Coastal Management Ltd. Original contract amount Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated October 16, 1992 $19,545.00 19,545.00 Nil 16,613.25 $ 2,931.75 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Through Infill Development grant application, subject to compliance with any and all conditions which 83-803 COMMON COUNCIL OCTOBER 26, 1992 may be imposed by the Planning Advisory Committee: Application No. 92-6; Applicant - Acadia Development Ltd.; Location - 59-79 Ludlow Street; Amount - $25,245. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the tender of Commercial Equipment Ltd., in the amount of $60,927, plus taxes, be accepted for the supply and installation of an above-ground ramp lift. Councillor Coughlan made the observation that Council is usually provided with additional information in the City Manager's report with respect to other tenderers, and that Council should receive such information in the future. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Council authorize the purchase of an additional $150,000, plus taxes, of asphalt from Grove Construction (1986) Inc., in order to complete programs for 1992. Responding to Councillor Knibb, Mr. Robichaud explained that, while an amount of 15,000 tonnes of asphalt was considered adequate for placement by City crews, as a result of finalizing agreements with Local No. 18, C.U.P.E., it is now necessary to employ some of the workers for 22 weeks this year and, as there is extra money both in the maintenance budget and the Water and Sewerage Capital Budget for asphalt, adoption of the above recommendation to increase the supply agreement would mean that the City could do extra work with Local No. 18 employees. Councillor Trites asked if the above is a normal-type of request; if a particular amount of asphalt was specified in the original tender and, if so, could the City have done better economically to advertise a tender for a larger purchase in the first place, to which Mr. Robichaud replied that the new purchasing procedure puts a ceiling on supply agreements in that, while in the past the amount of the budget controlled the City as opposed to the amount of the supply agreement, in order to spend the money remaining in the budget it is necessary to request Council's approval of any increase in the supply agreement, and also that the City based the amount of asphalt in the tender call on a particular number of streets, and that it would be difficult to do better than the tendered price. In reply to Councillor A. Vincent, Mr. Robichaud advised that the tender documents are based on a particular mix design which includes the size and type of aggregate. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the City of Saint John authorize the organizers of the Mardi Gras celebration to use North Market Wharf for this special event to be held on October 31, 1992. Question being taken, the motion was carried. The Mayor made the observation that Councillor A. Vincent was not present for the September 28, 1992 public hearing of the proposed Zoning By-Law amendment with respect to 170 Charlotte Street, and asked that he withdraw from the Council Chamber. Councillor A. Vincent indicated his intent to, rather than withdraw from the Council Chamber, withdraw from the Council table, whereupon Mr. Rodgers expressed the opinion that, as there is a court case which indicates that Council 83-804 COMMON COUNCIL OCTOBER 26, 1992 members who are not at public hearings should not take part in the vote and the practice and policy of Council has been that all members of Council who are not at public hearings to withdraw from the Council Chamber when the vote on such by-law amendments are being considered, Council should not start making exceptions to its policy. Councillor A. Vincent re-iterated his intent to not withdraw from the Council Chamber but rather to remove himself from the Council table, whereupon the Mayor asked if Council wanted to adjourn the meeting. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that this meeting be recessed. Question being taken, the motion was carried. (Councillors A. Vincent and M. Vincent withdrew from the meeting.) Following a brief recess, the Mayor reconvened the meeting. Consideration was given to third reading of a proposed Zoning By-Law text amendment with respect to 170 Charlotte Street. Consideration was also given to a report from the Planning Advisory Committee advising that, further to Council's request of October 13 for the Committee to consider an additional condition concerning a taxi dispatch office at 170 Charlotte Street, the Committee approved a motion to amend the conditions of September 22, 1992, for a taxi business at 170 Charlotte Street, by adding: "f) the storage, repair, rebuilding, or parking of stock cars, or any other racing cars, be prohibited on the site.". On motion of Councillor McAlary Seconded by Councillor Landers RESOLVED that the by-law entitled, "By-Law Number C.P. 100-293 A Law To Amend The Zoning By-Law Of The City Of Saint John", by adding to Section 520(2)(g) "(ii) notwithstanding (i) above, an office or parking area for a taxi business is permitted at 170 Charlotte Street, also having NBGIC Number 5140"; and renumbering the existing Section 520(2)(g) to be 520(2)(g)(i).", be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-293 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. During discussion, Councillor Landers asked if the applicant has agreed to all the conditions and whether or not he is in the process of starting to carry them out, and expressed concern that the City has not in the past had much success with the clean-up of the subject property and is now about to impose another condition when nothing has been adhered to so far, to which Mr. Baird replied that the applicant is aware of the conditions, has not objected and, at the Planning Advisory Committee meeting when the conditions were initially imposed, agreed to the condition that the items would be completed by June 30, 1993; and Mr. Bedford made the observation that the Building Inspector's Department enforces both Zoning By-Law and Planning Advisory Committee conditions. The Mayor suggested that it would be in order for the applicant to comply prior to giving the proposed By-Law amendment third reading rather than attempting to get him to meet the law later. Question being taken, the motion was carried with the Mayor and Councillor Landers voting "nay". (Councillor A. Vincent re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report from the 83-805 COMMON COUNCIL OCTOBER 26, 1992 Planning Advisory Committee be received and filed. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) Consideration was given to third reading of a proposed amendment to the Preservation Area By-Law, first and second readings having been given at the October 13, 1992 public hearing. Consideration was also given to letters from the following persons requesting not to be included in the proposed preservation area: Rene Doiron, 29 Alexandra Street; Mrs. Doris E. Cameron, 306 Douglas Avenue; Brian M. Blanchard, 261 Douglas Avenue; Mr. & Mrs. Edward Chaisson, 22 Bentley Street; Mark Henneberry, 85-87 Clarendon Street; Eric J. Melanson, 247 Douglas Avenue; M. Elizabeth Pierce, 276 Douglas Avenue; and Lloyd A. Taylor, 226 Douglas Avenue; as well as a letter (copies of which were distributed to Council members at this meeting) from Debbie Lang, 61 Clarendon Street. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that the above matter be laid on the table for one week to give citizens the opportunity, if they so wish, to declare their wishes to the Planning Department and to the Common Clerk. Question being taken, the tabling motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the above correspondence be received and filed. 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, October 13, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Nominating Committee, the Saint John Harbour Development Commission be abolished and Messrs. G. E. Graham, Paul Doiron, Larry Armstrong, James W. Orr, Dennis Boyle, Michael MacBride and David Barry, and Deputy Mayor McAlary, be thanked for their service to the City as members of the Commission in promoting the development of the Port of Saint John: AND FURTHER that Council consider the appointment of ad hoc Task Forces on issues involving transportation matters affecting the City of Saint John as the need arises, to assist Mr. Ralph Murray, Senior Transportation Policy Advisor, and Council in ensuring that the transportation needs of the City are protected. October 26, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. 83-806 COMMON COUNCIL OCTOBER 26, 1992 On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that the above report be received and filed and the recommendation therein be adopted. Councillor Knibb suggested that the above action should not be seen as the City abandoning the Port in that the Port Corporation and the Economic Development Commission will continue to ensure that the Port of Saint John flourishes; and Councillor Trites made the observation that Council will in the near future be reviewing a number of other committees and groups and their ongoing relationships with the City in that it could be that the City is becoming committee-heavy and is doing much planning and not quite enough doing, and the above may be the first of a number of situations where citizens are thanked for their concern and involvement and asked to serve the City again in another manner. In response to Councillor A. Vincent's indication that the Harbour Development Commission members should have been informed of the above-proposed action, the Mayor advised that that has been done. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". The Mayor asked for a motion to withdraw section 5 of the October 19 Committee of the Whole report to Council as she has yet to present the City's brief to the Commission on Land Use and Rural Environment and therefore it was not the intent to make it public at this time. On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that section 5 of the October 19, 1992 Committee of the Whole report, with respect to the City's brief to the Commission on Land Use and Rural Environment, be withdrawn from the agenda. 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 October 19, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council petition the Legislature to have the submitted City of Saint John Pension Act enacted during the fall sitting of the Legislature and that the Solicitor be given the direction and authority to undertake the appropriate steps to have this done. 2. That as recommended by the City Manager, Mr. Urban Murphy be appointed as the City's nominee to the Board of Arbitration of Local No. 18, C.U.P.E., grievance 92-11, on behalf of Mr. Richard Frawley. 3. That as recommended by the City Manager, Mr. Gary Lawson be appointed as the City's nominee to the Board of Arbitration of Local No. 18, C.U.P.E., grievance 92-12, on behalf of Mr. Douglas Wilson. 4. That Mr. R. W. Capson's resignation from the Major Tournament Committee be accepted with regret and Mr. Capson be thanked for his service on the 83-807 COMMON COUNCIL OCTOBER 26, 1992 Committee. October 26, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor 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 Trites RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision plan with respect to the vesting of an area of land measuring approximately 35 feet by 50 feet, 875 square feet in area, at 59-79 Ludlow Street, identified on Site Plan #2 as Parcel "D" as a public street; and (2) the appropriate department to be responsible for the landscaping and maintenance of Parcel "D" until it is constructed to City standards as a street. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from the Animal Rescue League advising why, in its opinion, it is time to change By-Law Number M 105, the Dog By-Law, to include cats -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that this meeting be 83-808 COMMON COUNCIL OCTOBER 26, 1992 adjourned. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk