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1993-01-04_Minutes 83-885 COMMON COUNCIL JANUARY 4, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of January AD., 1993, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, 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; 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; J. Baird, Manager - Development Division; S. Lodhi, Manager - Building Maintenance; D. Sherwood, Chief of Police; G. Tait, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Philip Ward of St. Luke's Anglican Church 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 December 21, 1992, be approved. Question being taken, the motion was carried. The Mayor noted, with sympathy, the death of Mr. Milton McQuade, a fire fighter with the City of Saint John since January 1, 1964, who passed away on December 26, 1992, and extended condolences to his family; and advised that on January 6 Fundy Cable Ltd. will feature another community cablevision phone-in program with regard to St. Joseph's Hospital. The Mayor read a letter from Mayor Robert J. McKenna of The City of Newport, Rhode Island, conveying, by resolution, best wishes for a happy holiday season to the citizens of Saint John, a sister city to Newport. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the Common Council of the City of Saint John respond to the above greeting with a similar message of goodwill. Question being taken, the motion was carried. The Mayor noted the intent of The Honourable Gerald Merrithew, Minister of Veterans Affairs and Saint John's Member of Parliament, to retire from Federal politics at the end of his term; and expressed concern that, as a recently-announced Federal Cabinet change has resulted in the incorporation of the Department of Veterans Affairs with the Department of National Defence under The Honourable K. Campbell as the Minister of Veterans Affairs and Defence, Saint John no longer has representation in the Federal Government Cabinet. The Mayor expressed appreciation to The Honourable Mr. Merrithew for his many years of service and dedication to the City of Saint John and expressed the hope that the Prime Minister will see fit to once again give Saint John's Member of Parliament a Federal Cabinet portfolio. On motion of Councillor A Vincent Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John extend an invitation to The Honourable Bernard Valcourt of Edmundston, N.B., Minister of Manpower and Immigration, to meet with Council to discuss the City of Saint John's needs: 83-886 COMMON COUNCIL JANUARY 4, 1993 AND FURTHER that the Common Council of the City of Saint John express appreciation to The Honourable Gerald Merrithew for his many years of service to the City of Saint John as its Federal Member of Parliament. The Mayor advised that, upon adoption of the above motion, she would make a telephone call to The Honourable Mr. Valcourt's office to invite him to meet with Council and arrange a convenient time, and would forward a letter to The Honourable Mr. Merrithew on behalf of Common Council. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a letter from David and Joan Norster, Presidents of the Kinsmen and Kinette Clubs of Canada, requesting the City of Saint John to place a message of support in the special 73rd anniversary "Message of Support" issue of KIN Magazine to be produced in February 1993 on the anniversary of Kin's founding, in recognition of the valuable work performed by Kinsmen and Kinettes during the past year. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the City of Saint John place a message of support in the special 73rd anniversary "Message of Support" issue of KIN Magazine. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an approximately 2.7 acre portion of a larger parcel of land located at 2 Pokiok Road (NBGIC Number 40287), from Open Space to Low Density Residential classification; and (b) the proposed re-zoning of the same portion of land from "1-1" Light Industrial to "RM-1" Three-Storey Multiple Residential classification, to permit the future development of the subject lands for residential purposes, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed amendments. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and a letter in favour of the proposed proposal which were considered at the Committee's December 15, 1992 meeting; and recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A, from Open Space to Low Density Residential classification, an approximately 2.7 acre portion of a larger parcel of land located at 2 Pokiok Road, also having NBGIC Number 40287, as illustrated on the submitted sketch; and (2) the same portion of land be re-zoned from "1-1" Light Industrial to "RM-1" Three- Storey Multiple Residential classification. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, an approximately 2.7 acre portion of a larger parcel of land located at 2 Pokiok road (NBGIC Number 40287), from Open Space to Low Density Residential classification, be read a first time. In response to Councillor Rogers, Mr. Baird explained that, at the time of the initial application for an amendment to the Municipal Plan to redesignate an approximate 7.2 acre parcel of land to an industrial classification, staff did not consider it appropriate to have the whole of the property, especially the area adjacent to the residential area, zoned industrial, and the applicant, after discussion, was agreeable to have the industrial designation for the waterfront area and for City staff to initiate an amendment to the residential category for the upper portion of the lot adjacent to the existing residential area, the latter which is now before Council. Councillor Landers noted the indication in the Planning Department's report that North End residents expressed a desire to have all or a portion of this land developed into a public park which would eventually connect a trail system along the waterfront, as well as the 83-887 COMMON COUNCIL JANUARY 4, 1993 reference in the Community Recreation and Open Space Strategy Report about designating waterfront land for bicycle paths and trails, and asked if this would be a possibility in the residential proposal for this property; to which Mr. Baird replied that, in discussion with the Parks Department, it is envisioned that, as part of the potential residential development of the area being considered a this time, it would be possible to integrate into the residential development a recreational component, such as a trail, and that the need for a parks dedication as part of the larger residential development was discussed in negotiations with the applicant related to the initial application. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, an approximately 2.7 acre portion of a larger parcel of land located at 2 Pokiok Road (NBGIC Number 40287), from Open Space to Low Density Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 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, insofar as it concerns re-zoning an approximately 2.7 acre portion of a larger parcel of land located at 2 Pokiok road (NBGIC Number 40287), from "1-1" Light Industrial to "RM-1" Three-Storey Multiple Residential classification, 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 Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximately 2.7 acre portion of a larger parcel of land located at 2 Pokiok Road (NBGIC Number 40287), from "1-1" Light Industrial to "RM-1" Three-Storey Multiple Residential classification, 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 re-zoning of a portion of a property at 358 Charlotte Street West (NBGIC Number 55061360 and part of NBGIC Number 83-888 COMMON COUNCIL JANUARY 4, 1993 55061352), from "IL-1" Neighbourhood Institutional to "R-2" One- and Two-Family Residential classification, to permit the creation of a 7-foot wide residential lot, as requested by Mr. Raymond J. Gagnon, 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 re-zoning. 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 15 meeting at which the applicant was present and indicated he had no problem with the report, and no one appeared in opposition to the application; and recommending that the City of Saint John Zoning By-Law be amended by re-zoning a portion of the property at 358 Charlotte Street West, being NBGIC Number 55061360 and part of NBGIC Number 55061352, from "IL-1" Neighbourhood Institutional to "R-2" One- and Two-Family Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act providing for the following conditions:- (a) the use of the parking lot at the rear of the property be discontinued; (b) a 1.5 metre (5 foot) wide strip along the institutional parcel adjacent to the area proposed for re-zoning be landscaped as illustrated on a site plan to be approved by the Development Officer; (c) the landscaping to be completed by June 30, 1993; and (d) the developer be responsible for installing water and sewer services to the property line and reinstating the asphalt street, concrete curb and sidewalk and landscaping to same or better condition. 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, insofar as it concerns re-zoning a portion of the property at 358 Charlotte Street West (NBGIC Number 55061360 and part of NBGIC Number 55061352), from "IL-1" Neighbourhood Institutional to "R-2" One- and Two- Family Residential classification, subject to a resolution 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 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 portion of the property at 358 Charlotte Street West (NBGIC Number 55061360 and part of NBGIC Number 55061352), from "IL-1" Neighbourhood Institutional to "R-2" One- and Two- Family Residential classification, subject to a resolution 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 Trites RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an approximately 81 acre property on both sides of St. Martins Road, being a portion of NBGIC Number 354696, from Open Space to Rural classification, to permit the re-zoning and subdivision of the 83-889 COMMON COUNCIL JANUARY 4, 1993 same area for a rural residential subdivision, as requested by Hughes Surveys & Consultants Ltd. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 811 Grandview Avenue and 220 Champlain Drive (NBGIC Numbers 55089007 and 55088991), located on the corner of Grandview Avenue and Champlain Drive, from Low Density Residential to District Centre Commercial classification, to permit the existing single-family home to contain a radio broadcast school in the basement area, as requested by Mr. Donald E. Mabee. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of 046098 N.B. Ltd. be accepted for the operation of the canteen concession at the Lily Lake Pavilion until March 31, 1993, for a fee of $300, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. In response to Deputy Mayor McAlary, Mr. Wilson advised that the above company is the Saint John Y's Men's Club. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Erb's Enterprises Ltd. of Hampton, in the amount of $78,528, be accepted for interior and exterior renovations to the North Police Headquarters at Somerset Street. Councillor A. Vincent questioned the legality of accepting a tender involving a capital expenditure prior to approval of the 1993 Capital Budget, to which Mr. Rodgers suggested that, while he would have to review the matter, the Commissioner of Finance could probably advise Council as to whether or not this has occurred in the past and, if so, it is possible that he has already given an opinion to Council, and Mr. Wilson confirmed that this has occurred in the past on a number of occasions. Question being taken, the motion was carried, with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from the City Solicitor submitting, further to information provided at Council's December 21, 1992 meeting to the effect that the Saint John Regional Exhibition Centre Commission had been created under Provincial Legislation, a copy of the Act governing the objects and the operation of the Commission -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By- Law Number C.P. 100-298 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 1324-1330 Latimer Lake Road (NBGIC Number 434357 and the front portion of NBGIC Number 333906), measuring 152.4 metres (500 feet) in depth from the front property line, from "P" Park to "RS-1 M: One- and Two-Family and Mobile Home Suburban Residential classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-298 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. 83-890 COMMON COUNCIL JANUARY 4, 1993 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By- Law Number C.P. 100-299 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property at 68-70 Westmorland Road (NBGIC Numbers 55021752,55021760,315010 and 55021778), from "R-2" One- and Two- Family Residential to "B-1" Local Business classification, be read a third time and enacted and the Common Corporate Seal be affixed. AND FURTHER that the said re-zoning be subject to the following conditions pursuant to Section 39 of the Community Planning Act:- (a) the use of this property be restricted to uses permitted in Section 510(1)(a) of the Zoning By-Law, except a grocery store, in the existing structure; and (b) five off-street parking spaces be provided as illustrated in a site plan to be approved by the Development Officer. The by-law entitled, "By-Law Number C.P. 100-299 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 the 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 December 21, 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, Common Council adopt the submitted Human Resources Policy #230 regarding sexual harassment in the workplace. 2. That as recommended by the City Manager, Council authorize the execution of a contract for architectural services for the indoor pedestrian link between the Mercantile Centre and the Exhibition Centre with the firm of Comeau MacKenzie Architecture at a fixed fee of $122,000 (including G.ST and expenses). 3. That as recommended by the City Manager, Council initiate the necessary steps to close that portion of Carleton Street lying west of NBGIC Numbers 55059281 and 55088918 required for the indoor pedestrian link between the Mercantile Centre and the Exhibition Centre. January 4, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Mr. Groody commented on the above-proposed policy on the basis that the matter of sexual harassment is an item specifically covered in the Human Rights Act, and that Council, in establishing a policy, is making it very clear that such behaviour in its workplace is prohibited, and the policy is to protect the interests of the City's employees and the City of Saint John. 83-891 COMMON COUNCIL JANUARY 4, 1993 Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 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 Coughlan Seconded by Councillor McAlary RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from Mr. Garry Prosser asking questions related to the environment impact assessment registration of Irving Paper's proposed waste treatment facilities in Saint John East, and the application for re-zoning and/or Municipal Plan Development amendment -- be referred to the City Manager to meet with Mr. Prosser. Mr. Brown, in response to Councillor Chase, advised his intent to respond to Mr. Prosser's questions following which he could submit a status report to Council. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that (a) the letter from Willa Mavis, Spokesperson of Save Our Shores, asking questions related to the environmental impact assessment registration with respect to Irving Pulp and Paper's proposed waste treatment facilities in Saint John West; and (b) the letter from the Saint John Naturalist Club expressing opposition to any change in the protective zoning designation of Sheldon's Point and Saints Rest areas, and asking for the maintenance of the protection of shorelands -- be referred to the City Manager to meet with the authors of the letters and respond to their questions; and further that a copy of the letter from the Saint John Naturalists Club be referred to the Planning Advisory Committee. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that the memorandum from the Federation of Canadian Municipalities' Standing Committee on Policies and Resolutions and the National Board of Directors inviting the submission of resolutions on subjects of national municipal interest for debate at the March 1993 meeting at FCM's National Board of Directors, or FCM's 193 Annual Conference -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Diesel Power Services Ltd. for an amendment to the Section 39 conditions of re-zoning of 660 Brown Street be referred to the Planning Advisory Committee for a report and 83-892 COMMON COUNCIL JANUARY 4, 1993 recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 15, 1993. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor M. Vincent RESOLVED that the letter from The Honourable Robert R. de Cotret, Secretary of State of Canada, encouraging Council to apply for the Five-Star Community Awards on behalf of the community -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Mrs. M. J. Sherwood expressing appreciation for the kindness of the firemen and Rescue Squad workers from the North End Main Street Fire Department during a recent fire in her apartment building in the North End, as well as to the Police who patrolled by and checked on the building for several nights until it was secured -- be referred to the Fire and Police Departments and Mrs. Sherwood be thanked for her letter. 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