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1992-11-23_Minutes 83-842 COMMON COUNCIL NOVEMBER 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 November, AD. 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; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; J. Baird, Manager - Development Division, Planning; C. Campbell, Manager - Policy Division, Planning; J. Bezanson, Heritage Planner; R. Johnston, Deputy Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Jack Fancy of Kings Valley Wesleyan Church offered the opening prayer. Deputy Mayor McAlary, Chairman of the Santa Claus Parade Committee, introduced the winners in various entry categories in the 40th Annual Santa Claus Parade on Saturday, November 21, to whom the Mayor, in turn, presented trophies in recognition of their efforts; and congratulations and appreciation were extended to the members of the Committee and participants in the Parade, with a special presentation made to Mr. F. E. (Buzz) DeVenne who chaired the Santa Claus Parade Committee for 20 years. (Deputy Mayor McAlary withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on November 16, 1992, be approved. Question being taken, the motion was carried. The Mayor commented on the plans for the forthcoming Mayor's Tree Lighting Ceremony scheduled for November 27; and Councillor Chase extended a message of condolence to the family of the late Mr. Harland E. Briggs, who passed away on November 26, 1992. (Deputy Mayor McAlary re-entered the meeting during the above remarks.) The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the property at 336-338 Charlotte Street West (NBGIC Number 391771), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, to place the property in a zoning classification in which the existing three-family dwelling is permitted, as requested by Sandra Cullen, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that it considered the submitted Planning Department report and two letters from neighbouring property owners, one in favour and the other against permitting a four-family dwelling but in agreement with permission for a three-family 83-843 COMMON COUNCIL NOVEMBER 23, 1992 dwelling at 336-338 Charlotte Street West, at its November 17 meeting at which the applicant appeared, and nobody appeared in opposition to the proposal; also advising that the Committee tabled the item to give the applicant an opportunity to try to obtain a building permit under section 810(6) of the Zoning By-Law to permit the three dwelling units, and anticipates that it will deal again with this application at its next meeting on December 1, 1992; and recommending that (1) the public hearing be held; and (2) Council defer its decision until the Committee makes a specific recommendation. Ms. Sandra Cullen, the applicant, appeared in favour of the proposed re- zoning. On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that as recommended by the Planning Advisory Committee, Council defer its decision on the application of Sandra Cullen for the re-zoning of property at 336-338 Charlotte Street West until the Committee makes a specific recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 15-17 Harvey Street (NBGIC Number 379040), located at the intersection of Harvey and Clarendon Streets, from "RM-1" Three-Storey Multiple Residential to "B-1" Local Business classification, to permit a portion of the existing two-family dwelling to be converted to a grocery store specializing in fresh and frozen meats, as requested by Mr. Wayne Douglas Brown, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that it considered the submitted Planning Department report at its November 17 meeting at which the applicant appeared and spoke in favour of his proposal and no other persons were in attendance, and that the Committee decided to recommend that the application be approved subject to a resolution pursuant to Section 39 of the Community Planning Act; and recommending that the City of Saint John Zoning By-Law be amended by re-zoning a parcel of land located at the intersection of Harvey Street and Clarendon Street, having civic number 15-17 Harvey Street and NBGIC Number 379040, from "RM-1" Three-Storey Multiple Residential to "B-1" Local Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act which provides as follows:- (a) the commercial use of the property shall be limited to the applicant's proposal for a grocery store specializing in the sale of fresh and frozen meats; and (b) the site shall be developed and maintained in accordance with a site plan to be prepared by the applicant and approved by the Development Officer. Mr. Wayne Douglas Brown of 15 Harvey Street, appearing in favour of the proposed re-zoning, expressed agreement with the Planning Advisory Committee's recommendation; and, in response to Council queries, advised that he has received no negative comments from neighbours with respect to his proposal, nor did he have any comment with respect to the Planning Department's suggestion that such activity would be more appropriately located in a commercial area, and that he anticipates opening his family-operated business the first of March. Responding to Council queries, Mr. Baird made the observation that, while the site has limited space for off-street parking, the parking situation could be made to work and that Harvey Street has very little traffic at the present time as well, and also that there are certain requirements with respect to National Building Code 83-844 COMMON COUNCIL NOVEMBER 23, 1992 standards, disability access being one of them, that will require some modification to the building in order to be met, and the Building Plans Examiner is of the opinion that those modifications could be incorporated into the existing structure. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 15-17 Harvey Street (NBGIC Number 379040), located at the intersection of Harvey and Clarendon Streets, from "RM-1" Three-Storey Multiple Residential to "B-2" Local Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 Rogers Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 15-17 Harvey Street (NBGIC Number 379040), located at the intersection of Harvey and Clarendon Streets, from "RM-1" Three-Storey Multiple Residential to "B-2" Local Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. 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 Chase RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed closing of a portion of Tippett Drive, and that a letter of objection in this regard was received from Mrs. Dorothy A. Peterson. No person was present to speak in opposition to or in favour of the proposed Street Closing By-Law amendment. Councillor Knibb expressed concern that it appears from the submitted map that the portion to be closed is located prior to Mrs. Peterson's property which is situated a further distance in the road, and Mr. Todd explained that the portion of the street proposed for closing is actually not developed and is a wooded area, and that access to the Peterson property is currently gained by way of a driveway off the part of Tippett Drive that is developed and that the undeveloped portion, proposed to be closed, does not provide the Petersons with access because it is not open and is treed over. Councillor Knibb proposed that the matter be tabled until it is determined from Dorothy Peterson whether in fact the closing of the portion of Tippett Drive in question will devalue her property, and the Mayor suggested that the matter could be tabled for a clarification of Mrs. Peterson's letter. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table for clarification of Mrs. Dorothy Peterson's letter. 83-845 COMMON COUNCIL NOVEMBER 23, 1992 Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed closing of a portion of Wellington Street, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed Street Closing By-Law amendment. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to Wellington Street, 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 The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Up Of Highways In The City Of Saint John", with respect to Wellington Street, 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 The Stopping Up And Closing Up Of Highways In The City Of Saint John". Mrs. Jo Anne Claus, Vice Chairman of the Preservation Review Board, and Board member Mr. Douglas Kochel, were present at the meeting, and Mrs. Claus addressed Council concerning the Board's activities during 1992, including the approval to the time of the last Board meeting on November 12 of 128 applications for work in the heritage preservation area, with the expectation of reaching 140 before December 31, representing an increase of more than 20 per cent over 1991 and 70 per cent over the certificates of appropriateness approved in 1990. Through a slide presentation, Mr. Bezanson highlighted the Board's activities and projects for the last 10 years and in 1992, and its plans for 1993 and the future, in an attempt to demonstrate how Saint John's built heritage has provided a theme for uptown development and an image for the City. Mrs. Claus noted the seven new businesses which opened in the Trinity Royal area in 1992, and the creation of construction work in restoration projects; commented on the Board's proposed initiatives for 1993, including the continuation of efforts to streamline the Certificate of Appropriateness approval process and to work at formulating a heritage development promotion plan for the City, the reprinting of some of the Board's popular brochures, holding a workshop on development of maintenance programs for heritage buildings, carrying out events for Heritage Week, as well as two new initiatives, one being to print information for applicants, including standard details, Board policies and the By-Law when it is amended, in its efforts to streamline the approval process, and the other being the development of program criteria for placing heritage plaques on appropriate Saint John heritage buildings, would require additional funds of $8,000 as noted in the proposed 1993 budget of $31,200. The Mayor thanked the members of the Preservation Review Board for their efforts on behalf of the City, and advised that, as Council will be considering the City's 1993 budget in December, the Board's budget proposal would be referred for consideration in the budget. During discussion it was suggested that sponsorship for the plaque program could assist in its funding, and Councillor A. Vincent offered his assistance in approaching the construction industry in this regard. (Councillor Coughlan withdrew from the meeting during the above discussion.) 83-846 COMMON COUNCIL NOVEMBER 23, 1992 On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mr. Michael Mallory, Conference Chairman of the Tourism Industry Association of Canada (TIAC), requesting a grant of $5,000 to assist in the 1993 Annual TIAC Convention in Saint John from February 20-23 -- be referred for consideration in the 1993 budget. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Knibb, Chairman of the National Debate Seminar, which New Brunswick is to host, for the second time in twenty-five years, the first week of May 1993; and asking that the City host the final Awards Banquet on Friday, May 7 at a cost that should not exceed $2,500, and also requesting Councillors to act as judges at the final event, and the use of the Council Chamber in City Hall on the evening of Thursday, May 6 for the final round of the effective speaking component of the Tournament -- be referred for consideration in the 1993 budget. (Councillor Coughlan re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 92-0827, Renovations To Fire Stations #1 and #4 Choice Drywall Ltd. Original estimated amount of contract Total work done, Estimate Number 2 Retention Payment previously approved Sum recommended for payment, Progress Estimate Number 2, dated November 19, 1992 $38,370.00 39,840.20 Nil 33,701.00 $ 6,139.20 Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Rogers RESOLVED that the presentation by Mrs. Jo Anne Claus, Vice Chairman of the Preservation Review Board, of the Board's 1993 proposed program and budget, be referred for consideration in the 1993 budget, and that Councillor A. Vincent be asked to assist the Board with respect to sponsorship funding and report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 83-847 COMMON COUNCIL NOVEMBER 23, 1992 1. Contract 91-17, Cranston Avenue Water and Sewer Construction Nautilus Construction & Rentals Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated November 16, 1992 Final holdback release. $194,065.10 173,773.11 Nil 173,173.11 600.00 39.25 $ 600.00 Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Council adopt the following resolution, namely:- "Whereas Kelly Fairweather of 295 Simpson Drive, NBGIC Number 300152, has proposed to construct a new dwelling larger than the existing dwelling for which the applicant cannot economically provide compensating flood storage, the City of Saint John will accept $73.96 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 Councillors Rogers and M. Vincent voting "nay". Read a report from the City Manager advising that Manford Thompson Construction Company Limited has now completed part of the work at Phase I of the Meadowland Terrace Subdivision at 1100 Sand Cove Road, which is estimated to be in the amount of $15,000, and the remaining work consists of asphalt seal coat paving valued at $5,000; and recommending a reduction in the security amount. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Meadowland Terrace Subdivision - Phase I, at 1100 Sand Cove Road, be reduced to $5,000 from the existing amount of $20,000. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Chase RESOLVED that in accordance with the recommendation of the City Manager and the Fire Chief, a warrant be issued to Mr. Thomas Howell for membership to the Saint John Salvage Corps and Fire Police. 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 83-848 COMMON COUNCIL NOVEMBER 23, 1992 Your Committee begs leave to report that it sat on November 2, 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, Common Council approve the submitted Letter of Agreement with Local No. 486, C.U.P.E., regarding technological change, and that the Mayor and Common Clerk be authorized to execute the Letter of Agreement on behalf of the City of Saint John. November 23, 1992, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers 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 M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend its assent of April 25, 1988 to Galbraith Equipment Co. Ltd. Subdivision, 95 Hemlock Street, with respect to the proposed municipal services easements and public utility easements. 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, Common Council amend its assent of April 13, 1992 to "Douglas Heights Subdivision, Phase 2", 3840 Loch Lomond Road, with respect to the proposed municipal services easement and public utility easements. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that the letter from the Environment Committee referring to its previous correspondence and the City's subsequent actions and the resultant documentation with respect to the City's need for a regulation governing the fouling of property by dogs, more commonly known as the "Stoop and Scoop" law; and recommending that, as the matter has not been resolved and the issue of dogs fouling public and private property continues to be an environmental problem, Common Council recommend a change in the Municipalities Act which would provide the City with the authority to enact a by-law; and further that Council so amend the Dog By-Law to provide a regulation governing the fouling of property by dogs -- be referred to the City Manager for a status report. Question being taken, the motion was carried. Read a letter from the International Longshoremen's Association, Local 273, questioning Common Council's decision to abolish the Saint John Harbour Development Commission, in that it appears quite evident that there was not the proper consultation which should have precipitated a decision of this magnitude as the Saint John District Waterfront Council, which under the terms of reference for the Commission has always been entitled to recommend members for the said 83-849 COMMON COUNCIL NOVEMBER 23, 1992 Commission, was not informed that the Commission was being abolished until after the fact, and also that there is a second concern because of the very active but discreet lobby by the Saint John Port Corporation and, more specifically, the fact that two Saint John City Councillors also sit on the Saint John Port Corporation Board and participated in the debate and voted on the motion to eliminate the Commission; and asking that Council review its decision to abolish the Saint John Harbour Commission and invite submissions from individuals and organizations that might wish to contribute to such a debate. On motion of Councillor Chase Seconded by Councillor M. Vincent RESOLVED that, with regard to the letter from the International Longshoremen's Association, Local 273, questioning Common Council's decision to abolish the Saint John Harbour Development Commission, Mr. E. Graham, Chairman of the former Harbour Development Commission, and a representative of the International Longshoremen's Association, Local 273, be invited to meet with Council in this regard. The Mayor, in noting that Mr. Graham met with the Nominating Committee after assessing the situation, suggested that Mr. Graham should be invited to meet with Council in this regard; concurred with Councillor M. Vincent's suggestion that Council should also invite a representative of the Longshoremen's Association to meet with Council to afford an opportunity for the Association to make Council aware of its side of the matter, and that there should be two separate meetings; and asked the City Solicitor to look into the question of conflict of interest alluded to in the above letter. Councillor A. Vincent suggested that a representative of the Maritime Employers Association should also be invited to meet with Council. Question being taken, the motion was carried. Read a letter from the Knights of Columbus, Council 937, once again requesting that Common Council allow it to provide its annual reminder of keeping Christ in Christmas by placing the Nativity Scene in King's Square. On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that approval be granted for the Knights of Columbus, Council 937, to place the Nativity Scene in King's Square for the duration of the Christmas season, as a reminder of the true meaning of Christmas. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Tritor Developments Ltd. for an amendment to the Section 39 re-zoning of 519 Westmorland Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on January 18, 1993. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor McAlary RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 83-850 COMMON COUNCIL NOVEMBER 23, 1992 Common Clerk