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1992-11-30_Minutes 83-850 COMMON COUNCIL NOVEMBER 30, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth 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; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; D. Logan, Purchasing Agent; R. McDevitt, Fire Chief; G. Watson, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Paul Starratt of Calvary Temple offered the opening prayer. The Mayor noted, with sympathy, the death on Saturday, November 28, of Mr. Donald H. Garey, a former Common Clerk of the City of Saint John, and extended condolences to his family. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that a message of sympathy be forwarded to the family of the late Mr. Donald H. Garey. Councillors M. Vincent and Gould, who served on Common Council during Mr. Garey's tenure as Common Clerk, spoke, in turn, in this regard, and expressed sympathy to the family; and the Mayor advised that arrangements have been made for an appropriate floral tribute on behalf of Common Council in memory of Mr. Garey, as well as a message on her behalf to the effect that she will not be in attendance at the funeral on Wednesday morning due to a prior commitment to be in Toronto with the City Manager. (Councillors Coughlan and Trites entered the meeting during the above comments.) Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor McAlary RESOLVED that minutes of the meeting of Common Council, held on November 23, 1992, be approved. Question being taken, the motion was carried. The Mayor proclaimed December 1 to 7 as Safe Driving Week in the City of Saint John; and commented on a phone-in television program being sponsored by Community Cable Vision Council Inc. and Fundy Cable Ltd. on Channel 10 on Wednesday, December 2, in support of the retention of St. Joseph's Hospital as an acute-care facility. (Councillor A. Vincent entered the meeting.) 83-851 COMMON COUNCIL NOVEMBER 30, 1992 The Mayor called for a motion to add to the agenda of this meeting a letter from the City Manager (copies of which were distributed to Council members at this meeting) concerning the appointment of an Acting City Manager. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above-mentioned letter from the City Manager be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Consideration was given to the letter from the City Manager noting that, as Council is aware, he will be travelling to Toronto and Windsor, Ontario, with Her Worship Mayor Wayne on City business from December 2 to 4; and recommending that Mr. Terry Totten be authorized to act on behalf of the City Manager. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that Mr. Terry Totten, Commissioner of Management Services, be appointed Acting City Manager on December 2, 3 and 4, 1992, and further that Mr. Totten be appointed Acting City Manager in future situations when the City Manager may not be available. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne submitting for Council's consideration a proposed schedule of Common Council meetings to the end of February 1993, which proposes that, to comply with the requirement for Council to meet every two weeks, no regular meeting be held the week of December 28, and that a regular meeting be held on Monday, January 4, 1993, at 7:00 o'clock p.m. -- be received and filed and the schedule be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for the supply of various types of motorized equipment necessary to supplement the City's fleet be awarded as indicated on the submitted bid summary. Question being taken, the motion was carried. Read a report from the City Manager advising that Blanchard Homes Ltd., the developer of Bon Accord Subdivision - Phase 4, has now completed part of the work which is estimated at $87,000, and that the remaining work consists of asphalt seal coat paving, concrete sidewalk and landscaping, valued at $54,000; and recommending a reduction in the security amount. On motion of Councillor Knibb Seconded by Councillor Trites 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 Bon Accord Subdivision - Phase 4 be reduced to $54,000 from the existing amount of $141,000. Question being taken, the motion was carried. 83-852 COMMON COUNCIL NOVEMBER 30, 1992 Read a report from the City Manager advising that Mahogany Heights Developments Inc., the developer of Mahogany Heights Subdivision - Phase II, has now completed part of the work which is estimated at $46,000, and that the remaining work consists of asphalt seal coat paving, concrete sidewalk, landscaping, and construction of a pedestrian walkway, valued at $32,000; and recommending a reduction in the security amount. On motion of Councillor Knibb Seconded by Councillor Trites 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 Mahogany Heights Subdivision - Phase II be reduced to $32,000 from the existing amount of $78,000. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to the November 23 public hearing with respect to a proposed Street Closing By-Law amendment to close a portion of Tippett Drive at which a letter of objection was received from Dorothy Peterson, discussion with Mrs. Peterson's lawyer indicated that the objection has been made because there is an issue between Mr. Sisk and the Peterson's about the location of their common property line; also advising that the proposed street closing is based on the intersection of this property line and the street and, if it is settled in favour of the Peterson's, there will then be less land involved in the road closing; therefore, the street should not be closed until there is agreement on the property line; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, no further action be taken on the proposed closing of a portion of Tippett Drive and the matter remain tabled until agreement is reached between the owners on the location of the property boundary. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of the City of Saint John for a Municipal Plan amendment and re-zoning of property at 980 Westfield Road, and that the waiting period for objections expired on November 25, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application for a Municipal Plan amendment and re-zoning of 980 Westfield 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 Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-297 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 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, be read a third time and enacted and the Corporate Common Seal be affixed thereto: 83-853 COMMON COUNCIL NOVEMBER 30, 1992 AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following provisions:- (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. The by-law entitled, "By-Law Number C.P. 100-297 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. 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 the following portion of highway: WELLINGTON STREET: All that portion of a sixty-six (66) foot wide street known as Wellington Street situate in the City of Saint John in the County of Saint John and Province of New Brunswick lying between the eastern sideline of Rockwood Avenue and the western sideline of Marlborough Avenue as shown on a plan entitled "Plan of Eastmount situate at St. John, N.B." dated July 10th, 1915 prepared by Smith & Turnbull, Civil Engineers and Land Surveyors and filed in the Saint John County Registry Office on July 11,1916 as File 12 no. 51 - be read a third time and enacted and the Corporate Common Seal be affixed thereto. 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", 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 November 23, 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 recommendations, namely:- 1. That as recommended by the City Manager, Mr. Patrick Young be advised that the City is prepared to renew the license for use of the land on McAllister Drive as a location of a fruit and vegetable stand under the following terms and provided the land is not needed prior to June 1, 1993: (1) the license will be granted on a month-to-month basis commencing May 1, 1993; (2) the rental will be $225 per month payable in advance; (3) the building will be removed by the licensee on one-month notice and, if not so removed, will be removed by the City at the owner's expense and the City will not be responsible for any damage caused during the removal; and (4) the $500 deposit to assure removal of the building that was received for 1992 will continue to be held by the City. 2. That as recommended by the City Manager, the City Solicitor or his designate be authorized to initiate and proceed with all steps necessary to expropriate from the owner or owners, for the purpose of road improvements, the fee simple absolute title in and to the land at 92 Station Street, shown as NBGIC Number 38737. 83-854 COMMON COUNCIL NOVEMBER 30, 1992 3. That as recommended by the City Manager, (1) Mrs. Marie Foote be advised that the land at 70-72 Queen Street is not for sale; (2) the Parks Department review alternatives for preventing any possible damage to the property at 70-72 Queen Street due to the use of the adjacent lot; and (3) the Parks Department work with the South Central Citizens Council to develop a more positive park use of the site. 4. That as recommended by the City Manager, approximately 15,000 square feet of land on Thorne Avenue, as shown on the submitted plan, be leased to The Red Brick Steakhouse & Lounge, on the following conditions: (1) the lease will be on a month-to-month basis commencing December 1, 1992; (2) the rental will be $250 per month payable in advance; (3) access will be available at all times for vehicles to cross this land to reach the sewage treatment plant; (4) access will be available at all times to the sewer lines on the property; (5) the lessee will be responsible for all costs of maintaining the land for parking purposes; and (6) the land may only be used for parking by patrons and staff of The Red Brick Steakhouse & Lounge. 5. That as recommended by the City Manager, (1) Common Council resolution of September 28, 1987 concerning Grandview Subdivision be rescinded; (2) a joint proposal call in conjunction with New Brunswick Housing Corporation be approved for the completion of services in the Grandview Subdivision; and (3) as a condition of the proposal, the City-owned lots be offered for $1.00. 6. That as recommended by the City Manager, Mr. Edward Daly be advised that the City is not interested in the acquisition of approximately 23 acres of land on Latimore Lake Road since it has been found that the land is not within the watershed of Latimore Lake. 7. That as recommended by the City Manager, Common Council resolution of October 15, 1991, concerning the lease of land on Cedar Grove Crescent, be amended as follows: (1) the lease rent to be $350 per year; (2) the date for the option to purchase be extended to December 31, 1992; and (3) no rent to be charged for the period October 16 to December 31, 1992 if the property is purchased during this time. 8. That as recommended by the City Manager, $116,000 be allocated within the 1993 Capital Budget to permit the implementation of community policing, and that staff be authorized to call tenders for the necessary renovations immediately. 9. That as recommended by the City Manager, Common Council amend the City's Local 18 Establishment by reducing the number of carpenters from eight to seven. 10. That as recommended by the City Manager, Common Council approve the following applications for funding from the Upper Floors Grant Program:- 1. Applicant: Michael Richard Property: 127-143 Charlotte Street Project Development Grant: $8,500 (Rescinded March 21, 1994 Bk. 84 Pg. 540 ) 2. Applicant: 050948 N.B. Inc. Property: 117 Prince William Street a) Project Development Grant: $8,976 b) Project Construction Incentive: $10,000. November 30, 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 section 1 of the above report be adopted. Question being taken, the motion was carried. 83-855 COMMON COUNCIL NOVEMBER 30, 1992 On motion of Councillor Knibb Seconded by Councillor Trites 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 Knibb Seconded by Councillor Trites RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 6 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 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried with Councillors Landers, 83-856 COMMON COUNCIL NOVEMBER 30, 1992 A. Vincent and M. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 10 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that the report from the Saint John Parking Commission listing, further to Council's discussion in open session on November 6, the various parking programs offered by the Saint John Parking Commission, and submitting a copy of a map indicating locations of off-street parking lots in Uptown Saint John -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that the letter from St. Joseph's Hospital Foundation advising that Saturday, June 19, 1993 marks the fifth annual Play Ball for St. Joseph's fund-raising event; and inviting the City of Saint John to invest in the future with a contribution, with major sponsorship involving a gift of $3,000 or more -- be referred for consideration in the 1993 budget. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that the letter from W. J. Wilson of W. J. Wilson and Associates Ltd. advising why, in his view, the reorganization of development possibilities now in progress presents an opportunity to take a fresh look at the potential of the City and region -- be referred to the City Manager and the Economic Development Department. Question being taken, the motion was carried. Read a letter from Canadian Atlantic Railway informing the City about its intention to seek authority from the National Transportation Agency to discontinue its railway operations east of Sherbrooke, Quebec, because it can no longer continue to sustain significant losses on these operations which, in the three years ending December 31, 1992, totalled $52 million; submitting an information brochure which provides additional details about the Railway's action; and expressing assurance that, during the regulatory process, rail operations will continue. The Mayor commented on discussions and meetings with various government representatives and other interested persons on the basis that Saint John has been asked to take the lead with respect to the above matter and keep them informed, and they will accompany the Saint John delegation in a meeting with the Federal Minister of Transport. Councillor M. Vincent asked the possible legal implications of the City of Saint John accepting Canadian Atlantic Railway's letter of intention, to which Mr. Rodgers expressed the opinion that there is nothing in the above letter which would impose liability and that, if there is anything else later from the point of view of Federal legislation or regulations that tie into a municipality, he would review same at that time. The Mayor called for a motion to receive and file the above letter and refer it the City Manager and her for inclusion in the file on which the committee is working. 83-857 COMMON COUNCIL NOVEMBER 30, 1992 On motion of Councillor Trites Seconded by Councillor McAlary RESOLVED that the letter from Canadian Atlantic Railway informing the City about its intention to seek authority from the National Transportation Agency to discontinue its railway operations east of Sherbrooke, Quebec -- be received and filed and referred to the committee in this regard. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Port Corporation commenting on the importance to the Port of Saint John of the CP Rail main line operated by the Canadian Atlantic Railway, and why the intention of CP Rail to abandon its main line in the Province is considered by the Corporation to be premature; and advising its intention to use the provisions of the National Transportation Act to oppose the application for abandonment, and to work closely with all parties who share similar interests in this rail service -- be received and filed and referred to the committee in this regard. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk