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1992-11-02_Minutes 83-813 COMMON COUNCIL NOVEMBER 2, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the second day of November, 1992, at 4:00 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; D. Wilson, 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; W. D. Todd, Director of Housing and Property Management; J. Johnson, Building Inspector; C. Campbell, Manager - Policy Division, Planning; B. Malone, Planner; G. Tait, Deputy Fire Chief; Deputy Fire Chief B. Fillmore, Assistant Deputy Chief of Police; 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 M. Vincent RESOLVED that minutes of the meetings of Common Council, held on October 26, 1992 and Tuesday, October 27, 1992, be approved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne submitting a letter from the New Brunswick Association for Community Living asking the City of Saint John to be a major Provincial sponsor of The Sky's The Limit Ski Challenge at Crabbe Mountain on February 20 -- be received and filed. Councillor M. Vincent questioned the above motion on the basis of his understanding that Council made a policy decision some time ago that such requests would be referred to the City Manager for a report and recommendation, whereupon the Mayor advised that the City Manager indicated that the request, which was the subject of a letter from the Association to her personally, should be submitted to Council for a decision. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-18, Chipseal1991 Atlantic Colas Ltd. Original estimated value of work Total work done, Estimate Number 3 $88,099.00 95,977.18 83-814 COMMON COUNCIL NOVEMBER 2, 1992 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated October 21, 1992 Final holdback release. Nil 89,772.18 6,205.00 405.94 $ 6,205.00 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 92-0806T Security Mechanical Ltd. Gorman Arena - Replacement of two condensers Original estimated value of contract Total work done, Estimate Number 3 Retention Payment previously approved Sum recommended for payment, Progress Estimate Number 2, dated August 28, 1992 $34,882.00 35,082.00 Nil 30,159.02 $ 4,922.98 Question being taken, the motion was carried. Consideration was given to a report from the City Manager responding to Mrs. Mary E. Hanley's complaints to Council on October 13 about Manners Sutton Road, her main complaint concerning curbing opposite her home at 111 Manners Sutton Road which she wants removed and the original gravel shoulder replaced in order to provide extra vehicle manoeuvring space; expressing the opinion that the existing situation can function properly and there is no reason to expend funds for work that will not improve the street; and recommending that this report be received and filed and a copy be forwarded to Mrs. Hanley for her information. Consideration was also given to a letter from Mrs. Mary E. Hanley advising that she and her representative would like to appear before Council to address the above issue. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the above report be received and filed and a copy be forwarded to Mrs. Hanley for her information. Councillor Landers proposed that Mrs. Hanley and her representative should be invited to address Council, whereupon the Mayor noted the motion on the floor and suggested that such motion would have to be dealt with first in order for Council to hear any presentation. During discussion Councillor Coughlan alluded to Mrs. Hanley's apparent frustration at not being able to discuss with the City Manager an issue on which Mr. Robichaud would probably submit the same response as previously without further review, and the Mayor advised that Traffic Engineer John Griffin has also reviewed the situation and that both he and the City Manager, as well as Mr. Robichaud, concur with the above recommendation. With regard to the propriety of inviting Mrs. Hanley and her representative to address the issue, Mr. Rodgers made the observation that Council's Procedure By-Law indicates that, once a motion is made, no person is permitted to speak unless two-thirds of the Council permits it. Question being taken, the motion was carried with Councillors Landers, Rogers, Trites, A. Vincent and M. Vincent voting "nay". 83-815 COMMON COUNCIL NOVEMBER 2, 1992 The Mayor called for a motion to receive and file the above letter from Mrs. Hanley, whereupon Deputy Mayor McAlary proposed the motion, which was not seconded. On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that Mrs. Mary E. Hanley and her representative be invited to address Council at this time. Question being taken, the motion was lost with the Mayor and Councillors Chase, Gould, Knibb and McAlary voting "nay", a two-thirds majority vote of the total membership of Council being required. Discussion was with regard to whether or not Mrs. Hanley would be given an opportunity to address Council at the forthcoming Council meeting on November 9 at 7:00 o'clock p.m., with the Mayor's observation being that Council does not hear delegations at 4:00 o'clock p.m. public meetings, and that, should Mrs. Hanley wish to appear before Council at a 7:00 o'clock p.m. meeting, she should follow the procedure and make arrangements through the Common Clerk's Office; and the reason why the City Manager's report would be placed on the agenda of a 4:00 o'clock p.m. meeting was questioned, when Mrs. Hanley's letter requesting to appear had been received. The Mayor clarified that, although she inadvertently declared the above motion carried on a six to five vote, the motion was lost as a two-thirds majority vote was required, and made the observation that the chair should not have permitted this discussion to occur. Read a report from the City Manager commenting on the following two issues of concern to Common Council with respect to payments for compensating flood storage: (a) that all property owners have to be treated equal and that Common Council cannot excuse small activity from the requirements of the Flood Risk Area By-Law; and (b) that all compensating flood storage applications must be considered by Common Council; and recommending that the Minister of Municipalities, Culture and Housing be requested to amend the Community Planning Act as follows:- (a) to allow Common Council to have exceptions to the Flood Risk Area By-Law with respect to small developments, and (b) to allow Common Council to adopt a resolution or stipulate in a by-law the basis upon which the Building Inspector or some other staff member could collect the payments in lieu. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the Minister of Municipalities, Culture and Housing be requested to amend the Community Planning Act as follows:- (a) to allow Common Council to have exceptions to the Flood Risk Area By-Law with respect to small developments, and (b) to allow Common Council to adopt a resolution or stipulate in a by-law the basis upon which the Building Inspector or some other staff member could collect the payments in lieu. Discussion ensued during which time Mr. Rodgers made the observation that some of Councillor M. Vincent's concern with respect to the size of the land would probably be taken care of with (a) above because this concerns an amendment to the Community Planning Act, which is a Provincial statute, and the Province will consider it from the point of view of the Province-wide aspect of the Act, not just of the City of Saint John; and Mr. Johnson clarified that the purpose of (a) is to allow the Province to allow the City to, in a by-law, put well-determined considerations of what small is, which would not be a staff decision in that it would be done through staff to Council in a by- law or resolution to determine what is considered an appropriate size to be exempt and all that (a) is doing is asking the Province to allow the City to consider what the break should be, if the break is appropriate, and to say that there is a difference between large and small; and that (b) would allow the City on an administrative ongoing basis, having made the decision as to what the break line would be so that, for example, any property less than 50 cubic yards would not be required to obtain a permit for compensating flood storage, while anything over 50 cubic yards, would be required. 83-816 COMMON COUNCIL NOVEMBER 2, 1992 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 following resolution be adopted, namely: "WHEREAS Donna Scott of 44 Simpson Drive (NBGIC Number 301895) has proposed to construct a new development for which the applicant cannot economically provide compensating flood storage, the City of Saint John will accept $18.49 in lieu of the compensating flood storage as provided for by Section 41.2.(6) of the Community Planning Act.". Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the following resolution be adopted, namely: "WHEREAS Eastmount Holdings Ltd. of 472 Rothesay Avenue (NBGIC Number 307678) has proposed to construct a new development for which the applicant cannot economically provide compensating flood storage, the City of Saint John will accept $1,123.24 in lieu of the compensating flood storage as provided for by Section 41.2.(6) of the Community Planning Act.". Question being taken, the motion was carried. Consideration was given to a report from the City Manager commenting on the submitted resolution respecting Business Improvement Area (BIA) levies which was referred at the Cities of New Brunswick Association meetings of October 16-17 to City Managers for further review, which proposes a change in the current practice in that the BIA levy would be fully treated in the same manner as property tax invoicing and collection in that the Province would forward the assessed amount (as it is now) and would be responsible for pursuing delinquent accounts thereby allowing BIAs to focus on their primary goals of downtown promotion, development and advocacy; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Council receive and file the above report and endorse the proposal for the BIA levy to be involved and collected with the property tax assessment, provided that it remains documented as a distinct levy and charge from the property tax levy. Question being taken, the motion was carried. Read a report from the City Manager advising of a request to the City Solicitor's Office from J. David Kelly, solicitor for the owner of 200 Duke Street, for an easement to permit the encroachment of the dwelling upon Duke Street, as indicated in the submitted report from the Legal Department. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized, in consideration of the payment of one dollar ($1.00), to execute a grant of easement in favour of Superior Credit Corporation, the present owner, to permit the encroachment of its building upon Duke Street, such easement to terminate with the destruction or removal of such 83-817 COMMON COUNCIL NOVEMBER 2, 1992 encroachment. 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 the approval of plans and specifications by the Director of Housing and Property Management:- application 92-8; applicant - Saint John Drywall Home Builders Ltd.; location -14 Suffolk Street; and amount: $8,265. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Through Infill Development grant application:- application 92-9; applicant - Saint John Non-Profit Housing Inc.; location - 147 Queen Street; amount - $24,375. 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 of discussion between City staff and representatives of Calvary Temple about the old and new parking regulations on Sydney Street which eliminated all but one concern, that being that the two-hour parking limit is in effect on Saturday and Sunday which can be taken care of by using Schedule 2-A of the Traffic By-Law to remove the restriction; and recommending that the submitted proposed amendment to the Traffic By-Law be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Motor Vehicle Act, 1973, And Amendments Thereto", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above-proposed amendment be referred to the Legal Department for appropriate action. 83-818 COMMON COUNCIL NOVEMBER 2, 1992 Question being taken, the motion was carried. Consideration was given to third reading of the proposed Preservation Area By-Law amendment, which was tabled at Council's October 26 meeting. Consideration was also given to a letter from Mr. John Jenner (copies of which were distributed to Council members at this meeting) requesting to opt out of the proposed heritage designation for the buildings at 195 and 197 Douglas Avenue. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that the by-law entitled, "A Law To Amend The Saint John City Centre Preservation Area By-Law", by (1) changing the name from "The Saint John City Centre Preservation Area By-Law" to "Saint John Preservation Areas By-Law; (2) adding the following section: "Within the Douglas Avenue Preservation Area the setback for new infill development is to be in alignment with the last building from the historic period (1853 - 1940) to have occupied the site. The Preservation Review Board may permit a different setback where it is compatible with the appearance and rhythm of the historic streetscape. "; and (3) enlarging the area of the Saint John City Centre Preservation Area by including the following properties:-7, 24, 25, 32, and 34 Alexandra Street (NBGIC Numbers 368969, 369041, 368977, 369033, and 369025, respectively); 4-6, 14, and 28-30 Bentley Street (NBGIC Numbers 372953, 372961, and 372987, respectively); 56, 67, 69, 75, 77-79, and 81 Clarendon Street (NBGIC Numbers 377549,379313,379305,379297,379131, and 379123, respectively); and 25,29-31,106-108,126,127,147,149,152,186,187,191-193, 202-204,203,206,207,215,222,229,233,234,241,248, 249, 254, 268, 272, 274, 285,297, 302, and 303 Douglas Avenue (NBGIC Numbers 377606, 377614, 368829, 368795 and 55081871,377705,377739,377747 and 55020911,368753,55049118 and 55049092 and 55049100 and 368704,377812,377820,368670,377861,368662, 377879, 377887, 368639 and 55024723, 377911, 377929, 372938, 379230, 372920, 379255,368613,372912,372904,372896,426270, 377978, 368506, and 379289, respectively), be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Saint John City Centre Preservation Area By-Law", was read in its entirety. Councillor Knibb advised his intent to vote against the above-proposed amendment on the basis that, in view of the number of requests at the October 26 Council meeting of property owners to withdraw from the designated area as well as the above letter, the end result is that rather less than a half of Douglas Avenue would be designated, and that he has his doubts about the By-Law. Question being taken, the motion was carried with the Mayor and Councillor Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By- Law Number C.P. 100-294 A Law To Amend The Zoning By-Law Of The City Of Saint John", by (1) amending Section 840(3) by deleting the existing subsections (b), U) and (k) and inserting: "(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 83-819 COMMON COUNCIL NOVEMBER 2, 1992 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)."; be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-294 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 Your Committee begs leave to report that it sat on October 26, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, Mr. Brian Mosher, solicitor for Galbraith Construction Ltd., be advised that the City has no interest in the acquisition of his client's property at 2400 Ocean Westway, and that City staff work with Mr. Lloyd Galbraith directly with respect to possible alternative access routes. November 2, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from the Senior Citizens Service of Saint John Inc. asking for free rent or the equivalent in the form of a grant for its premises in the City Market building -- be referred to the City Manager for consideration in the 1993 budget. Question being taken, the motion was carried. 83-820 COMMON COUNCIL NOVEMBER 2, 1992 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Mr. Henry Beaulieu for an amendment to the Section 39 re-zoning of 241 Millidge 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 December 7, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Saint John Charter Rights and Civil Liberties Association advising that it has reviewed the City's proposed Smoking By-Law and that, while it supports that the concept of the control of smoking is an infringement on the liberty of persons to breathe clean air or air not dangerously polluted by others, the extent of the By-Law is questioned in its classification of private locations, such as churches, restaurants, food stores, offices, banks and even shopping centres; and asking if the By-Law goes too far in trying to define public places -- be referred to the City Solicitor for review. During discussion Mr. Rodgers made the observation that the above letter raises the question of authority which could be raised at any time in that the City could be faced with the question even after a by-law is enacted. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Model Flying Club declining the offer in Common Council resolution of July 20 with respect to its use of Howe's Lake as a potential flying site, due to safety concerns; and apologizing for its change of interest in the site -- be received and filed and the said Council resolution be rescinded. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mr. Peter Pickett of the Greenwood Subdivision referring to the recent appearance before Council on behalf of Subdivision residents with respect to their water supply; and asking for Council's response on whether or not it agrees with the points in his letter -- be referred to the City Manager. With respect to the Mayor's suggestion that Council has to make a decision on the above matter, Mr. Robichaud expressed the understanding that Council did make a decision, that being to take over the sewerage system but not to do have anything to do with the water system, and that the City is now in the position of saying that, when the School Board decides as to whether or not it will connect to the City's water system for Lakewood School, the City at that time would review any opportunities it may have to provide additional services or further services in the area; and he suggested that staff could resubmit to Council the last report in this regard and forward a letter to the Greenwood Subdivision residents under the City Manager's signature. Question being taken, the motion was carried. adjourned. 83-821 COMMON COUNCIL NOVEMBER 2, 1992 On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that this meeting be Question being taken, the motion was carried. Common Clerk