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1993-09-07_Minutes 84-255 COMMON COUNCIL SEPTEMBER 7,1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the seventh day of September, 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. 1. Totten, Acting 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; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; D. Sherwood, Chief of Police; R. Murray, Senior Transportation Policy Advisor; B. Cormier, Social & Cultural Affairs Officer; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Paul Inman of Tabernacle United Baptist 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 August 30, 1993, be approved. Question being taken, the motion was carried. The Mayor, referring to the vacant position of City Manager and the letter from the City Solicitor in this regard (which was on the Legal Session agenda on this date), called for a motion to deal with this matter at this time. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that Mr. Terry Totten be appointed Acting City Manager pending the appointment of a City Manager. Question being taken, the motion was carried. (Councillor A Vincent entered the meeting.) The Mayor welcomed to the Council Chamber Mr. Edmund Couture, a Saint John artist, who presented to the City of Saint John a painting of Gabriel G. Ludlow, the first Mayor of Saint John who served from 1785 to 1795, and, having noted that he also did a portrait of former Mayor AR.W. Lockhart, advised his intent to also paint a portrait of Mayor Wayne. The Mayor accepted the painting with appreciation and advised that it would be displayed in a prominent location. At the Mayor's invitation, Ms. Trish Conway, President of the Saint John Learning Exchange, addressed Council concerning Literacy Week and the Learning Exchange, and distributed buttons to the Council members with the request that they wear them on September 8, which is International Literacy Day, in support of literacy and the Learning Exchange. The Mayor asked Council's consideration at this time of her letter regarding "Mission Life Save" aid to victims in former Yugoslavia, and for Council to permit Mrs. Anne-Marie Wedge, who was present at the meeting, to address this matter. 84-256 COMMON COUNCIL SEPTEMBER 7,1993 Consideration was given to the above-mentioned letter from Mayor Wayne submitting information from "Mission Life Save", a Saint John organization under the leadership of Dr. Mary Frances Scully, President, and Anne-Marie Wedge, Vice-President, to assist in the plight of the people of Bosnia; and asking Council to support this vital mission. On motion of Councillor A. Vincent Seconded by Councillor McAlary RESOLVED that Mrs. Anne-Marie Wedge be invited to address Council at this time. Question being taken, the motion was carried. Mrs. Wedge appeared before Council and, having introduced Dr. Mary Frances Scully, President, and Ms. Ann Gilbride, Treasurer, of Mission Life Save, commented on the organization, which was formed in March and April and now consists of fifty volunteer nurses and eighteen doctors in Saint John to assist refugees from Bosnia in conjunction with the Red Cross "Project Helping Hand". Mrs. Wedge advised that on September 9 five refugees will be coming to Canada to Nova Scotia and Ontario and that, even though any of the victims may never come to Saint John, the organization is in-waiting; and requested municipal support in this endeavour. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John support Mission Life Save aid to victims in former Yugoslavia. Question being taken, the motion was carried. The Mayor extended a message of sympathy to Mr. Steven Cornish, an employee of the Works Department, whose father passed away on September 5, and called for a motion of condolence to the family. On motion of Councillor Landers Seconded by Councillor McAlary RESOLVED that the Common Council of the City of Saint John extend condolences to the family of the late Mr. Thomas Cornish. Question being taken, the motion was carried. Mr. Todd, in response to the Mayor, advised that the Claude Roussel sculptures should be back in place on the City Hall building by the end of September; and expressed the understanding that the contract for the painting of the front of the building has been let by Revenue Properties and the sculptures are actually already painted and ready to be put back up, and that, depending on the weather over the next few days, it is anticipated that the metal on the front of the City Hall building will be painted and the sculptures will soon follow. The Mayor advised that she is in receipt of a facsimile from Mr. Ken Frenette, President of Cities of New Brunswick Association, Inc., requesting the six cities in New Brunswick to adopt a motion to communicate with the Province of New Brunswick the position that a moratorium be placed on any reductions in municipal funding for a period of three to five years to allow municipalities to adjust their expenses and revenues to meet the reductions suffered over the past few years that, combined with declining tax assessment bases, have placed municipalities in financial hardship. On motion of Councillor Rogers Seconded by Councillor Landers 84-257 COMMON COUNCIL SEPTEMBER 7,1993 RESOLVED that the above matter be referred to Committee of the Whole. Councillor Coughlan suggested that it would be more appropriate to discuss the matter at the forthcoming Cities of New Brunswick Association meeting in Saint John, and that there should be nothing to discuss in Committee of the Whole that Council could not discuss at this time. On motion of Councillor Trites Seconded by Councillor Landers RESOLVED that the above matter be laid on the table until the Cities of New Brunswick Association Annual Meeting in Saint John. Question being taken, the tabling motion was carried. Deputy Mayor McAlary congratulated Mayor Wayne on having been awarded the Orange Prize by Transport 2000 Canada for her outstanding qualities and leadership toward public transport policies and action. Councillor M. Vincent noted the Major Industries Accident Council of Canada '93 Conference in Saint John this week. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne submitting, in accordance with Common Council resolution of August 30, a copy of her letter to The Right Honourable Kim Campbell concerning the proposed abandonment of CP Railway's main line between Saint John and Sherbrooke, again requesting that the Prime Minister overturn the decision based on public interest; noting that Transport Minister The Honourable Jean Corbeil has announced that he has extended the abandonment date a further four months to January 1, 1994; and advising that a committee is in the formation stage, consisting of local people directly affected by the possible abandonment, and will examine an immediate action plan and commence discussion on the longer-term action plan to ensure retention of the rail service -- be received and filed and Council endorse the letter to the Prime Minister. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that the letter from Councillor Landers regarding the recent decision concerning CP Rail -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 92-19 Station Street - Phase 1 QM Construction 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 $527,365.20 531,787.86 3,265.02 488,293.18 40,229.66 2,631.85 84-258 COMMON COUNCIL SEPTEMBER 7,1993 Estimate Number 4, dated August 30, 1993 Partial holdback release. $ 40,229.66 Question being taken, the motion was carried. Read a report from the City Manager concerning the City Market Animation Project, the City Manager's recommendation and the Preservation Review Board's report in this regard having been tabled at Council's last meeting pending clarification with respect to banners; advising that staff does support the recommendations of the Board which do not include the erection of banners on the Charlotte Street facade of the City Market and further any future signage to be considered for the Charlotte Street facade will take into consideration the Practical Preservation Guideline, SIGNS, used to assess the appropriateness of proposals for signs on buildings in the Preservation Area; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above matter be taken from table: AND FURTHER that as recommended by the City Manager, Uptown Saint John Inc. proceed with the implementation of the recommendations for the City Market Animation Project outlined in Year One of the Project, including the suggested changes of the Preservation Review Board with respect to the Charlotte Street facade; that, prior to implementation of Phases 2 and 3, the Preservation Review Board be consulted; and further that staff report back to Council on each Phase prior to implementation. Question being taken, the motion was carried. Consideration was given to a report from the City Manager recommending to Council actions on one of the two complete applications received for funding from the Upper Floor Grant Program, a copy of the information package on the Program having been distributed to all property owners within the Program area, with expressions of interest received until June 18; and advising that the proposal from Mach Ten Investments Ltd. is to carry out a feasibility study for the rehabilitation of its property at the corner of Princess and Canterbury Streets (former Ritchie building), at an estimated cost of $12,320 of which $9,856 is fundable by the Program. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Common Council approve the following application for funding from the Upper Floor Grant Program: Applicant: Mach Ten Investments Ltd. Property: Southwest corner of Princess and Canterbury Streets Project Development Grant: $9,856. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that Ellis-Don (Atlantic) Ltd. has given notice of its intention to exercise the option to purchase the Mercantile Centre land which was leased by agreement dated April 25, 1991 by the City to Saint John Mercantile Ltd. and subsequently assigned to Ellis-Don (Atlantic) Ltd. on May 21, 1992, and Council approval is required for execution of the documents to permit the sale. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the 84-259 COMMON COUNCIL SEPTEMBER 7,1993 necessary documents to permit the sale of the freehold of Lot 91-2, Union Street, to Ellis-Don (Atlantic) Ltd. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City Manager on the Saint John air quality in 1992 be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager submitting a copy of a letter from The Honourable Paul Dick, Minister Responsible for Canada Mortgage and Housing Corporation, to Mr. Peter Asimakos of the Community Planning Department, advising of the approval of the City's application for a grant under the Affordability and Choice Today (ACT) Program to streamline application procedures for infill housing projects in older areas of the City; advising that the $10,000 grant will allow the City to hire a consultant to prepare appropriate zoning by-law standards and design guidelines for redevelopment and renovation of existing buildings and infill housing projects on vacant land -- be received and filed and Council thank the key person who made it possible to obtain the grant. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that the report from the City Manager advising that, in 1981, amendments to the Community Planning Act required Provincial approval for the development of large shopping centres, over 200,000 square feet, even if they were located in municipalities, and this approval has been applied to major expansions of existing centres such as McAllister Place, but in conjunction with the City's approval process for the re-zoning of additional land, and has also been applied to the Sobeys Store expansion at Loch Lomond Mall even though no additional land was required and it met all applicable zoning standards; also advising that it has recently come to staff's attention that even minor expansions to existing large shopping centres must seek Provincial approval which can result in significant time delays, with little apparent benefit, and the recently-approved expansion to the K-Mart at McAllister Place was only able to proceed because the original expansion to the shopping centre had been approved in 1988 for more space than has been constructed to date; suggesting that the Province does not have an interest in minor expansions to existing centres and that the City should be the final approval authority in such situations; and recommending that the City request that the Community Planning Act be amended to permit small expansions to existing shopping centres in municipalities without Provincial approval -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, with regard to the application of the Exhibition Association of the City and County of Saint John for a Municipal Plan amendment and re-zoning of property at the corner of Westmorland Road and McAllister Drive, the applicant has recently submitted "An Impact Assessment of the Proposed Exhibition Development in Saint John" prepared by John Williams Consultants Limited and responds to the concerns expressed with respect to the Uptown, and it is proposed that the study be made available to all interested parties following the referral of the application to the Planning Advisory Committee; and also advising that the applicant is proposing to have an advertised open house in mid-September to provide an opportunity for area residents to make their concerns known and the applicant an opportunity to respond, prior to the meetings 84-260 COMMON COUNCIL SEPTEMBER 7,1993 before the Planning Advisory Committee and Council; and recommending that this report be received and filed. Consideration was also given to a letter from the Assistant Common Clerk advising that following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of the Exhibition Association of the City and County of Saint John have been completed and that no written objections have been received in this regard, with a letter in support having been received from Simonds Lions Club. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of the Exhibition Association of the City and County of Saint John for a Municipal Plan amendment and re-zoning of property at the corner of Westmorland Road and McAllister Place 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 Tuesday, October 12, 1993: AND FURTHER that the above report from the City Manager be received and filed. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting as he was not present for the August 30 public hearing with regard to the proposed Municipal Plan amendment and re-zoning of 85, 89 and 91 Paradise Row.) 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, three parcels of land located at 85, 89 and 91 Paradise Row (NBGIC Numbers 28696,28688 and 28670), having an area of approximately 44,200 square feet, from Medium Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common 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. 100-324 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning three parcels of land located at 85, 89 and 91 Paradise Row (NBGIC Numbers 28696,28688 and 28670), having an area of approximately 44,200 square feet, from "RM-1" Three-Storey Multiple Residential to "B- 2" classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-324 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 report of the Committee of the Whole (as follows) 84-261 COMMON COUNCIL SEPTEMBER 7,1993 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on August 16, 1993, 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, the submitted responses to the 14 principles of the Sport and Recreation Policy for New Brunswick be forwarded to the New Brunswick Department of Municipalities, Culture and Housing and, in addition, the Saint John committee, which responded to the Provincial Government through its presentation on November 15, 1992, offer its services as volunteers to be part of future follow-up consultations. Tuesday, September 7, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the above report be received and filed and the recommendation therein be adopted. (Councillor Trites re-entered and Councillor M. Vincent withdrew from the meeting.) 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 August 30, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That Common Council approve a grant in the amount of $5,922.16 for The New Brunswick Museum, representing 50% of the capital cost of tenant improvements at the Museum's stall in the City Market, as required by the City. 2. That as recommended by the Nominating Committee, (1) G. A. (Sandy) Robertson be appointed to the Planning Advisory Committee for a term to expire December 31, 1993, replacing 1. Hutchinson, who has resigned; (2) Councillor Dennis Knibb be appointed to the Resolutions Committee of the Cities of New Brunswick Association; (3) Councillor Albert Vincent and Faith Hughes be appointed to the Environment Committee for a term to expire December 31, 1993; and (4) Donald Harvey be appointed to the Rockwood Park Advisory Board. 3. That as recommended by the City Manager, Mr. Dayle Messer be named as the City's arbitration board nominee for the Local No. 18, C.U.P.E., grievance 93-2 involving Chesley Hynes. 84-262 COMMON COUNCIL SEPTEMBER 7,1993 4. That as recommended by the City Manager, Peacock's Garden and Flower Centre be given a license to permit a sign to be located near the intersection of Sandy Point Road and the new road to the Hospital for a period of 5 years, at a rental of $150 per year payable in advance, providing the location and design of the sign are approved by the Planning Advisory Committee and the Engineering Department, with the license to commence the first of the month following receipt of the necessary approvals. 5. That as recommended by the City Manager, a 20-foot wide sewer easement with an area of approximately 2,460 square feet be acquired from Luban Jecmenica across the property identified as 171 Rockland Road with the NBGIC Number 26039 for a price of $2,500. 6. That as recommended by the City Manager, (1) Common Council endorse Fundy Engineering & Consulting Ltd.'s report on the Watershed Designation Study for the East and West Musquash and Spruce Lake Watersheds; (2) Common Council adopt the Designation Document which provides guidelines and standards for the protection of the quality of water as presented by the consultant; and (3) Common Council request that the Ministry of the Environment designate the Spruce Lake/Musquash watersheds as protected areas under Section 14 of the Clean Water Act of the Province of New Brunswick. 7. That as recommended by the City Manager, staff proceed with the development of an expression of interest for the operation of the Rockwood Park Children's Farm and Horse Barn and report back to Council at the indicated stages for approval. 8. That as recommended by the City Manager, the City provide $70,000 as an addition to the 1993 Capital Program in order to fund the necessary work in conjunction with the relocation and construction of a new VIA Station under an appropriate satisfactory leasing agreement. 9. That as recommended by the City Manager, (1) approximately 15.8 acres of land for the Kelly Lake Reservoir, at the intersection of Golden Grove and Hillcrest Roads, be acquired from Arthur Elward for a price of $25,600; and (2) the owner of Lot 93-1 be given a right-of-way over the land to the rear being acquired from Mr. Elward to permit access to his land for boating, swimming, etc. Tuesday, September 7, 1993 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. On motion of Councillor Coughlan 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 Chase Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 84-263 COMMON COUNCIL SEPTEMBER 7,1993 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb 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 McAlary RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried with Councillor Landers voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Trites RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried with Councillors Landers and A. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that the letter from the Federation of Canadian Municipalities submitting the Minister of Transport's response to Common Council's resolution on the rail network in Eastern Canada -- be received and filed. Councillor Chase noted that the above response addresses roads which fall under provincial jurisdiction, rather than the rail network which is a constitutional responsibility, whereupon the Mayor suggested that a letter should be forwarded to 84-264 COMMON COUNCIL SEPTEMBER 7,1993 FCM explaining that the issue of the rail network has not been covered properly. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Cities of New Brunswick Association, Inc., advising that the deadline for submitting resolutions to the 1993 Annual Meeting in Saint John is Friday, September 24 -- 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 letter from Mr. Bobby Donovan, Chairman of the I Love Canada Committee, suggesting that there should be one large parade on Canada Day instead of several smaller ones, and that perhaps the Recreation Department should co-ordinate such an event -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Mr. Guy F. Bourque requesting a change to the Peddlers and Hawkers By-Law M-111, specifically the mandatory closing of the hot dog carts at 12:00 midnight -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from the Fort LaTour Development Authority advising that it is arranging for an identification monument to be placed on the Fort LaTour site, consisting of a log enclosure with large visible signs identifying the site as indicated in the submitted copy of a basic sketch of the concept; also advising that clearance has been obtained from the Province for this project which is contributing the sign and, as the Authority has no budget or funds, it is endeavouring to persuade others to assist with materials; and asking the City to provide the necessary logs for the enclosure -- be referred to the City Manager. Councillor Knibb, a member of the Fort LaTour Development Authority, advised that the identification monument is not designed to be permanent but only to identify the site temporarily so that people would at least know where the site is; however, the proposed interpretation centre referred to by the Mayor, if it ever comes to fruition, would be long-term. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that the letter from the N.B. Branch of the United Nations Association in Canada suggesting that, as there is difficulty in having official parties attend flag raising ceremonies at the flagpole located in the centre of Market Square without the danger of a traffic accident, it might be feasible to and in keeping with the decorum of the City Hall Plaza, if a flagpole were erected on the City Hall Plaza at the head of the stairs behind the existing monument -- be referred to the City Manager. 84-265 COMMON COUNCIL SEPTEMBER 7,1993 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the two letters from the Harbour Station Commission, one expressing concerns should hawkers and peddlers become active in the area of Harbour Station, and recommending that Common Council approve a by-law which would restrict mobile peddling and hawking in the area; the other commenting on the possibility of people selling tickets at prices higher than advertised, such practice, commonly known as scalping, and recommending that Common Council enact a by-law that would restrict the practice of scalping -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk