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1992-12-07_Minutes 83-858 COMMON COUNCIL DECEMBER 7,1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventh day of December, 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Gould, Knibb, McAlary, Rogers, Trites 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; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; B. Morrison, Director of Parks; J. Baird, Manager - Development Division, Planning; R. McDevitt, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend James Fudge, a Detective in the Saint John Police Department, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on November 30, 1992, be approved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the matter of the Greenwood Subdivision (which was considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. (Councillor Coughlan withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, (1) the City confirm its position of assuming the ownership of the existing sewerage system in Greenwood Subdivision from the Developer; (2) the City agree not to negotiate the acquisition of the existing water system in Greenwood Subdivision from the Developer; (3) the City advise the residents of Greenwood Subdivision currently serviced by a communal water supply system that it has no plans to extend water service to the subject area at this time; and (4) a copy of the City Manager's report, dated December 3, 1992, including the attachments, be forwarded to all affected residents in the Greenwood Subdivision. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". The Mayor asked that the letter to be forwarded to the residents of Greenwood Subdivision indicate that any queries with respect to the matter should be directed to Mr. Robichaud and Mr. Armstrong. 83-859 COMMON COUNCIL DECEMBER 7,1992 The Common Clerk advised that the necessary advertising was completed with respect to amending the conditions imposed on February 1, 1971, when the re-zoning was approved for a lot at 241 Millidge Avenue (NBGIC Numbers 46987 and 48033), located at the intersection of Millidge Avenue and Spar Cove Road, to accept a revised proposal to permit the operation of a take-out restaurant in the existing building, as requested by Mr. Henry Beaulieu, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's December 1 meeting at which the applicant was present and expressed agreement with Planning's recommendation, with the exception of the recommended improvements to the yard area located between the building and Millidge Avenue in that he wishes to retain the present crushed gravel surface for this area; and advising that, after considering Planning's report and the applicant's comments, the Committee adopted a revised recommendation which provides for the retention of the crushed gravel area as requested by the applicant; and submitting a recommendation in this regard. Mr. Henry Beaulieu of 170 Daniel Avenue appeared in support of his application and expressed agreement with the recommendation of the Planning Advisory Committee. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Planning Advisory Committee, the conditions imposed on February 1, 1971, when the re-zoning was approved for a lot located at the intersection of Millidge Avenue and Spar Cove Road, having civic number 241 Millidge Avenue and NBGIC Numbers 46987 and 48033, as amended on February 15, 1972, be further amended to permit the operation of a take-out restaurant, and the following additional conditions imposed:- (a) the take-out restaurant shall not exceed 46 square metres (500 square feet) in area; (b) the facia sign which identifies the take-out restaurant shall not be illuminated after 11 :00 p.m.; (c) a new site plan shall be prepared by the applicant for approval of the Development Officer indicating the features required by the previous conditions, including the following: (i) the front yard area between the building and Millidge Avenue to be maintained in a clean, neat and well-kept manner (crushed rock acceptable) and not to be used for parking; (ii) a poured-in-place concrete curb to separate the parking area from the front yard area; and (iii) a solid fence with a height of not less than 1.2 metres (4 feet) between the site and the adjoining properties. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the above report from the Planning Advisory Committee be received and filed. 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 92-14: Mount Pleasant Avenue Water and Sewer Construction Nautilus Construction & Rentals Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention $197,428.40 183,196.09 Nil 83-860 COMMON COUNCIL DECEMBER 7,1992 Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated December 1, 1992 Final holdback release. 156,004.14 27,191.95 1,778.91 $ 27,191.95 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, contract 92-28, Main Street road upgrading, be awarded to QM Construction Ltd., at the tendered price of $162,784.70, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Read a report from the City Manager advising that the easements approved by Council on September 28 for the Brentwood Park Subdivision from various property owners on Westminster Court have not yet been signed and one of the properties has been sold, which requires an amendment to the Common Council resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council resolution of September 28, 1992, regarding the acquisition of the storm sewer easement on Westminster Court be amended by changing the name Robert Mowery to David Smith as owner of 38 Westminster Court. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the submitted invoice from The Power Commission of The City of Saint John, in the amount of $22,923.63, representing the City's share of costs associated with installation, removal, maintenance of inventory and energy with respect to the Christmas decorative lighting program. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting the Final Report on the Community Recreation and Open Space Strategy Study, which was presented to Committee of the Whole on November 30, the Study having been divided into three phases: Phases I and II, which were presented to Committee of the Whole on August 14, 1992 being the Background Study and Report, and a Vision Statement, respectively, and Phase III being the Final Report which lists the recommendations and action plan for the Study, and highlights the areas of concern arrived at during the Study and proposes an action plan based on its findings; advising that the Strategy addresses the Strategic Plan "Goals For Saint John" with respect to recreation and open space, beautification and the environment, and the results of the Study provide a very important direction for the City and, in particular, the Parks and Recreation Departments; and submits a recommendation in this regard. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that as recommended by 83-861 COMMON COUNCIL DECEMBER 7,1992 the City Manager, (1) the Report on the Community Recreation and Open Space Strategy be received and approved in principle; (2) the Report be referred to staff for a full review and development of an implementation strategy; and (3) staff report back to Council with a final recommendation. Mr. Morrison, in noting that the above Report is the result of a year's research and cooperative effort among the Parks and Recreation Departments and MMC Architects Limited, highlighted the Report, which includes a detailed set of recommendations not only for the City of Saint John but also for the private sector to assist in the provision of leisure services, from four major perspectives as follows:- (1) how to make the best usage out of open spaces, including parks, land for public purposes and linkages; (2) how the City's image and character is affected by provision of good leisure services; (3) accessibility for all citizens to fully enjoy what the City has to offer in recreation, including disabled persons, those on restricted incomes and members of the aging population; and (4) changes by the City of Saint John and other providers in the manner in which parks and recreation leisure services are provided to reflect the changing roles of parks and recreation across the country. Question being taken, the motion was carried. Read a report from the City Manager advising that Vicmaur Ltd., the developer of Westgate Park Subdivision - Cullinan Avenue, has now completed part of the work which is estimated at $43,000, with the remaining work consisting of asphalt seal coat paving and landscaping valued at $21,000; and recommending that the security amount be reduced. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, pursuant to Section 25.2 of the Subdivision By-Law, the security amount for the remaining work at Westgate Park Subdivision - Cullinan Avenue, be reduced to $21,000 from the existing amount of $64,000. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the report from the Saint John Ability Advisory Committee advising that one of the most recent key issues identified by it is that of access to handicapped parking for people with disabilities; referring to the Committee's February 1992 presentation to Council of a summary of the data analysis compiled to identify issues of concern regarding accessible parking in the designated parking areas of Saint John which highlighted a number of issues that detrimentally affected consumer usage, including (1) policing/enforcement; (2) signage/posting; (3) training; (4) location needs; and (5) signs, and the submitted list of recommendations was compiled; also advising that the representatives of each department met with have already initiated steps to improve the accessibility of handicapped parking, including handicapped parking policing blitzes held on November 14 by the City of Saint John Police Department, ongoing City of Saint John Parking Commission public awareness ads and closer scrutiny for eligibility of parking permits; and concluding that the Committee advises that all recommendations be considered for implementation -- be referred to the City Manager and appropriate staff. Question being taken, the motion was carried. Consideration was given to a report from the Planning Advisory Committee advising that the application of Sandra Cullen for the re-zoning of 336-338 Charlotte Street West, which was tabled at the public hearing on November 23 pending a recommendation from the Committee, is to be withdrawn and the Common Clerk will be receiving a letter to that effect from the applicant. 83-862 COMMON COUNCIL DECEMBER 7,1992 Consideration was also given to a letter from Sandra Cullen (copies of which were distributed to Council members at this meeting) advising that she would like to withdraw her re-zoning application for 336-338 Charlotte Street West on the basis that, according to By-Law 801, she can have her three units. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Sandra Cullen for the re-zoning of 336-338 Charlotte Street West be withdrawn as requested by the applicant. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Planning Advisory Committee, Common Council approve acquisition by deed of a 6.0 metre (20 foot) wide municipal services easement on property on Hollybrook Court having NBGIC Number 436592. Question being taken, the motion was carried. Consideration was given to a report from the Preservation Review Board advising that, further to Council's consideration on November 9 of a letter from Uptown Saint John Inc. requesting clarification regarding the correct name of Jardine's (Horsefield) Alley, the most logical name seems to be Jardine's Alley, using the reference to the building next door at 85 Prince William Street, which has a large architectural sign indicating "Jardine", and also that the use of the name "Horsfield" or "Horsefield" would create confusion with Horsfield Street; and recommending that, in order to make the name a matter of official record, Council, by resolution, approve the name Jardine's Alley. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that as recommended by the Preservation Review Board, Common Council approve the name Jardine's Alley for the alley between Prince William and Water Streets, adjacent to 85 Prince William Street. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mr. Henry C. Smith, a wood sculptor from Sussex, inviting the City to purchase a visual art, being a totem-pole like wood sculpture of a pole of life to represent New Brunswick people on Canada's 125th birthday -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that the letter from P. Tippett advising why, as a City taxpayer and voter, she would like to see municipal solid waste recycling implemented -- be referred to the City Manager and appropriate staff to prepare a reply. Question being taken, the motion was carried. 83-863 COMMON COUNCIL DECEMBER 7,1992 The Mayor expressed condolences to the family of the late Mr. John F. Henderson, who died Saturday, December 5 in the wake of a tour bus crash Thursday, December 3, near Bangor, Maine, U.S.A.; and extended best wishes for a speedy recovery to other injured passengers on the bus who are hospitalized in Bangor and in the process of returning to Saint John. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that a message of sympathy be extended to the family of the late Mr. John F. Henderson. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk