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1993-03-22_Minutes 84-26 COMMON COUNCIL MARCH 22, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of March, AD. 1993, 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; 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; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; M. Jamer, Director of Works; D. Logan, Purchasing Agent; G. Tait, Deputy Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Roger Graham, Pastor of Forest Hills United Baptist Church, offered the opening prayer. On motion of Councillor A Vincent Seconded by Councillor McAlary RESOLVED that minutes of the meeting of Common Council, held on March 15, 1993, be approved. Councillor A Vincent asked if in the past week staff has visited 660 Brown Street, which was the subject of his letter to Council at the above meeting, to which Mr. Bedford replied that, as a site visit had already been made and the owner responded positively to staff's request, he asked staff to visit the site this week and not last week; therefore, he expects to report to Council at the next meeting the results of that visit. Councillor A Vincent expressed the understanding that the pool tables have been moved out and the place has been closed, with the intent being to feature dancers in the premises, and he asked if dancers are permitted under the Section 39 conditions. The Mayor asked that staff look into this matter. Question being taken, the motion was carried. The Mayor proclaimed March 21 to 27 to be National Dental Assistants Recognition Week in the City of Saint John; congratulated members of the East Saint John Boys Minor Basketball Team for their first-place finish in the Provincial Bantam "A" Basketball Tournament in Moncton over the past weekend; and also congratulated Jamie Brown, the City Manager's 15-year old son who, although he plays junior racquetball, competed in Halifax in the Men's category, coming in third; and Councillor Gould noted Saint John Speed Skater Amy Vincent's achievements during the past weekend in Fredericton where she set both a Provincial and Canadian intermediate mark in the 3,000-metre distance and a Provincial record in the 1 ,500-metre distance, as well as qualifying for the 22-member Provincial team which will compete in the National age group championships in Thunder Bay in April. Read a letter from Mayor Wayne submitting a letter from Mayor Peter Fenwick of the Town of Grand Bay advising that, by unanimous vote, Grand Bay will participate in funding the operating deficit for the Regional Exhibition Centre, based on a population of 3,613 at $5 per capita, with funding to be granted on a pro-rata basis for 1993 and annually for the 5 years 1994 through 1998. 84-27 COMMON COUNCIL MARCH 22, 1993 On motion of Councillor Chase Seconded by Councillor Coughlan RESOLVED that the Common Council of the City of Saint John express appreciation to the Town of Grand Bay for its contribution to the Saint John Regional Exhibition Centre, and that a copy of the correspondence in this regard be forwarded to the Saint John Regional Exhibition Centre Commission. (Councillor Rogers entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from the Saint John Chapter of the Hadassah-WIZO Organization of Canada asking that the City place a congratulatory advertisement in its Commemorative Book which is being created in celebration of the Organization's 75th Anniversary -- be received and filed and the City sponsor a page at $250 or $350. Councillor Coughlan's initial motion was to refer the above matter to the City Manager, whereupon the Mayor suggested that, having spoken to the City Manager in this regard, a sponsor page at $250 or $350 would be in order. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting a copy of the minutes of the March 3-5 FCM Standing Committee on National Transportation and Communications Committee meeting -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne submitting a letter from Roger McKellar of Kennebecasis Valley seeking financial assistance from the City with respect to his participation in the United States Collegiate Choir -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from the Director of Little League Baseball, N.B. District #1, regarding Tag Days; advising that more and more organizations are fundraising through Tag Days and, as only one organization is supposed to be tagging on any given weekend with a permission slip issued by the Mayor's Office on a first-come-first- serve basis, many groups are disappointed when they call and find out the weekend they wanted is already taken, and, as well, the liquor stores now have their own system for booking groups at their establishments; noting that this ongoing problem has been brought to Council's attention in the past; and asking that it be looked at again to see if a better system can be achieved -- be referred to the City Manager and the City Solicitor to review the possibility of a by-law to control this matter. During discussion the need was noted to clarify whether or not the City of Saint John is the sole authority for tag days in view of liquor stores now booking 84-28 COMMON COUNCIL MARCH 22, 1993 groups. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC000008396 Choice Drywall Ltd. Renovations to Forest Glen, North End and Carleton Community Centres Original estimated value of work Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated March 16,1993 Holdback release. $21,800.00 21,800.00 Nil 16,677.00 $ 5,123.00 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, a purchase order in the amount of $102,000 be issued to The Power Commission of the City of Saint John to provide for materials and services required by the City of Saint John to install underground hydro services on Union Street between Chipman Hill and St. Patrick Street. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager advising that the City's Spring Cleaning Program, which was originally scheduled for March 29 but had to be set back due to large snowfall accumulation in March, officially starts on April 5 -- be received and filed. Mr. Jamer noted that the Spring Cleaning Program involves posting streets for vehicle removal so that the streets can be properly cleaned, and that, while the Program involves the City's clean-up of streets, Clean-Up Week in May involves the residents cleaning up garbage from their properties for collection by the City; and he responded to Council queries relevant to pot hole patching in Saint John and other municipalities, and the placement of garbage in a location convenient to the City's sanitation workers so that they do not have to climb snowbanks to collect it. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager commenting on Saint John Home Builders' Association's Rifle Range Recycle Project, for which Council's endorsement was requested on March 15; and recommending that Council endorse the pilot recycling project of the Association as a means to reduce the waste going to the landfill site -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 84-29 COMMON COUNCIL MARCH 22, 1993 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the low tender of Strescon Ltd. be accepted for the supply of concrete grade ring segments at the prices as indicated in the submitted bid summary. Councillor M. Vincent asked the reason for the increase in prices from the prices in 1992, referring to item 5 in the submitted bid summary which states the 1992 price at $6.50 while the high bid at this time is $11.35, with Mr. Logan's response being that the 1993 prices are identical to the prices in the 1989 tender and that, while in 1990 the prices went up slightly over the 1989 prices, in 1991 and 1993 the prices went down significantly, and he advised that staff's inquiry into this discovered two things, one being that there is one less bidder in 1993 than in 1990, 1991 and 1992 and the low bidder in 1990 and 1992 has gone out of business, and the second being that the company which is the low bidder this year has indicated that its costs have increased significantly for manpower and materials, which would account for the price increase. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Dianne Rutherford have been completed and that the required waiting period for objections expired on March 17, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Mrs. Dianne Rutherford for a Municipal Plan amendment and re-zoning of property at 96 Richard Street 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 April 26, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent 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 81-acre property located on both sides of St. Martins Road, being a portion of NBGIC Number 354696, from Open Space to Rural classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", 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, "By- Law Number C.P. 100-305 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an approximately 81-acre property located on both sides of St. Martins Road, being a portion of NBGIC Number 354696, from "P" Park to "RR" Rural Residential classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. 84-30 COMMON COUNCIL MARCH 22, 1993 The by-law entitled, "By-Law Number C.P. 100-305 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 Trites 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, 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, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "By- Law No. C.P. 100-306 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 811 Grandview Avenue and 220 Champlain Drive (NBGIC Numbers 55089007 and 55088991), located on the corner of Grandview Avenue and Champlain Drive, from "R-1 B" One-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to the following conditions:- (a) the use of the property be restricted to a one-family dwelling and a radio broadcast school for a maximum of 25 students in the basement of the existing structure; (b) at least six off-street parking spaces be provided in a paved parking area as illustrated on a site plan to be approved by the Development Officer; (c) landscaped areas be installed: (i) at least 7.5 metres (24.6 feet) in width between the parking area and the street line along the Champlain Drive frontage and concrete curbing to be installed between the parking area and the landscaped area; (ii) at least 2 metres (6.56 feet) in width between the parking area and the street line along the Grandview Avenue frontage so as to create one access along the Grandview Avenue frontage with a maximum width of 7.6 metres (25 feet) and concrete curbing to be installed between the parking area and the landscaped area and between the access and landscaped area; and (iii) at least 3 metres (9.84 feet) in width between the parking area and the side property line extending back from Grandview Avenue and concrete curbing to be installed between the parking area and the landscaped area: as illustrated on a site plan to be approved by the Development Officer; (d) one fascia sign with a maximum area of 0.4 square metres (4 square feet) be permitted on the Grandview Avenue frontage; and (e) all site improvements be completed by August 31, 1993. The by-law entitled, "By-Law No. C.P. 100-306 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 Landers RESOLVED that the by-law entitled, "By-Law Number C.P. 100-307 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 19 Golden Grove Road (NBGIC Number 299925), from "R-1 B" One-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. 84-31 COMMON COUNCIL MARCH 22, 1993 The by-law entitled, "By-Law Number C.P. 100-307 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 with the Mayor voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-308 A Law To Amend The Zoning By-Law Of The City Of Saint John", by amending Section 520(2)(a)(iv) to read as follows: "(iv) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be located at 5-19 Golden Grove Road (NBGIC Numbers 305631,415273,299909,299719,298810,298776 and 299925)".", be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-308 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 with the Mayor voting "nay". On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize amendments to the existing Section 101 agreement between Three Mile Beverage Room (1978) Ltd. and the City as follows:- (a) the terms of the agreement shall be applicable to the area of the proposed expansion in addition to the existing site; (b) the proposed paved parking area shall be developed with cast-in-place concrete curbs and catch basins no later than October 1, 1993; (c) the proposed landscaped area along the edge of the development adjacent to the property located at 25 Golden Grove Road shall be developed to a continuous width of at least 2.4 metres (8 feet) with a board-on-board fence, grass, shrubs and trees; (d) all proposed improvements to the property with regard to landscaping, parking, access driveways, freestanding sign (if any), and other site features, including those required in (b) and (c) above, shall be illustrated in a site plan approved by the Development Officer and completed by October 1, 1993; (e) the whole development shall be connected to the City sewer system no later than October 1, 1993; (f) security shall be provided, in the form of a letter of credit in an amount to be determined by the Development Officer, to ensure the completion of the developer's obligations in (b), (c), (d) and (e); (g) no building permit shall be issued until the security required in (f) is in place; and (h) easements shall be granted, at no cost to the City, for the extension of the sewer system in a location to be determined by the Chief City Engineer at a time to be determined by the City. 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 reports that it sat on March 15, 1993, 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, (1) street closing 84-32 COMMON COUNCIL MARCH 22, 1993 procedures be started to close the portion of Whipple Street shown as Parcel "A" on a plan entitled "Plan to Accompany Street Closing" prepared by Hughes Surveys and Consultants Ltd. and dated December 12, 1991; (2) if the street is closed, Parcel "A" be transferred to Christina Baird for a price of $1.00 to be used in conjunction with her adjoining property and not as a separate lot; and (3) agreement to transfer this land does not explicitly nor implicitly obligate the City to complete the street closing. 2. That as recommended by the City Manager, Common Council adopt the submitted Human Resources Policy #803, "Sick Leave Plan (Interim)". March 22, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 1 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 2 of the above report be adopted. Councillor Rogers spoke in opposition to the proposed Sick Leave Plan on the basis that it deviates from the ideals of the earned sick leave and accumulating it over a period of time and using it when it is needed, and that the majority of employers with whom she has checked have the same earned sick leave policy for their union and management employees, and that the proposed policy becomes more subjective than the previous policy in that it requires a member of staff on sick leave to satisfy the supervisor and department head that the absence is bona fide, and that extended sick leave is granted under the City Manager's authority upon the recommendation of the staff advisory committee and department head. Mr. Brown advised that staff, having reviewed the matter of an earned sick leave as opposed to an entitlement, is suggesting the approach proposed to ensure that sick leave is there when employees need it, and the intent is to make a clear and understandable statement of what the City's sick leave policy is for management staff as that is not something that existed before in written form; and that this interim policy would allow staff to review the experience and report to Council in one year's time so that if Council, after one year, sees the need to adopt a different approach, that could happen at that time. In response to Councillor Rogers' question as to why staff would not recommend the system already in place for more than two-thirds of the City employees, Mr. Brown advised that staff wanted to avoid entitlement to a sick leave because, in some situations where some people understand there is an entitlement, there is an expectation and perhaps on occasion people could be inclined to use the entitlement, although statistics show that sick leave for management staff was not a problem in that management staff does not have onerous sick leave statistics. Councillor Gould advised that he could not support the proposed Sick Leave Plan for management in that it would result in a two-tier sick leave program, and there can be abuse of sick leave both by management and by union employees. Question being taken, the motion was carried with Councillors Gould, Rogers and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Conrad Northrup, an employee of the Fire Department, in accordance with Section 9(1) of the City of Saint John Pension Act, the Board having 84-33 COMMON COUNCIL MARCH 22, 1993 been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Prince Edward Square for an amendment to the Section 39 conditions of re-zoning 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 April 26, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that this meeting be adjourned. Councillor A. Vincent asked if there is a reason why Council is not dealing with the tender for the pedestrian link which closed on March 10, to which the Mayor replied that there is a process that the City had to go through in order to acquire a piece of property required and that, as the process requires expropriation to which objections can be submitted until March 22, Council cannot proceed until after this date, and she made the observation that this item is not on the agenda of this meeting, although Council would be dealing with the matter in Committee of the Whole later this date. Question being taken, the motion was carried. Common Clerk