Loading...
1993-09-13_Minutes 84-266 COMMON COUNCIL SEPTEMBER 13, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of September, AD. 1993, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Gould, Knibb, Landers, McAlary and Trites - and - Messrs. 1. Totten, Acting City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. D. Todd, Director of Housing and Property Management; D. Logan, Purchasing Agent; J. Baird, Manager- Development Division; G. Tait, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that minutes of the meeting of Common Council, held on Tuesday, September 7, 1993, be approved. Question being taken, the motion was carried. The Mayor explained the reasons for Council members' absence from this meeting; noted the September 18 ceremony to confer the Freedom of the City on the First Battalion of The Royal New Brunswick Regiment (Carleton & York); and extended congratulations to Mr. Blake Palmer, Assistant Superintendent of the Rockwood Park Golf Course, on having been named as Golf Course Superintendent for the year 1994, having been selected from approximately 6,000 superintendents from across Canada and nominated in both Atlantic Canada and Ontario. The Mayor welcomed to the Council Chamber coaches and members of the Saint John Bantam Paddlers, who participated in the Bantam Canoe Races of the New Brunswick Canoeing Association, and Coach John MacQueen addressed Council concerning the success of the Saint John Bantam Paddlers, following which the Mayor presented Honourary Loyalist Certificates and City pins to: Gold Medal Recipients Sara MacQueen and Melissa Young; Silver Medal Recipients Angela Russell and Kerri Gormley; Bronze Medal Recipients Martina Shannon and Shanna Godin; Silver Medal Recipients Richard MacQueen and Scott Leach; Bronze Medal Recipients Andrew Russell and Patrick Garnett; Participation Medal Recipients Thristan Sollows and Ethan Sollows; and Coaches Evan Young and Jean Peters. On motion of Councillor McAlary Seconded by Councillor Landers RESOLVED that a report from the Acting City Manager (which was considered in Committee of the Whole earlier this date), concerning the execution of an agreement for an Upper Floors Grant for 177 Prince William Street, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Councillor Landers noted, with sympathy, the death of Councillor Coughlan's aunt, Sister Genevieve S. Mitchell (Sister Philip Marie) of St. Vincent's Convent, on September 5, and extended condolences to both the Late Sister's immediate and religious families. 84-267 COMMON COUNCIL SEPTEMBER 13, 1993 On motion of Councillor Landers Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John extend condolences to the family of the late Sister Genevieve S. Mitchell. 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 the property at 1673 Loch Lomond Road (NBGIC Number 331058), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, to place the property in a zoning classification in which the present non-conforming use of a convenience store/take-out is a permitted use, as requested by Mr. Bertrand Gobeil, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that the applicant was in agreement with the submitted report from the Planning Department considered at the Committee's September 8 meeting; and recommending that the property at 1673 Loch Lomond Road, also having NBGIC Number 331058, be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act which limits the development to the use of the existing building. Mr. Reid Chedore, solicitor for Mr. Bertrand Gobeil, appeared in support of the above application, and indicated Mr. Gobeil's agreement with the above recommendation. 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 the property at 1673 Loch Lomond Road (NBGIC Number 330158), from "RS-2" One- and Two- Family Suburban Residential to "B-1" Local Business classification, 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 the property at 1673 Loch Lomond Road (NBGIC Number 330158), from "RS-2" One- and Two- Family Suburban Residential to "B-1" Local Business classification, 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 McAlary RESOLVED that the above report from 84-268 COMMON COUNCIL SEPTEMBER 13, 1993 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, a property with an area of approximately 4,500 square feet located at 126 Main Street (NBGIC Number 374173), from Medium Density Residential to Commercial classification, to permit the re-zoning of the property to a General Business zone and the continued use of the property as a redemption centre, as requested by Thane Holdings Inc. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. Bill Gray regarding the Saint John Bruins Hockey Team and its lack of sponsors/financial support for the 1993-1994 season; and recommending that this matter be referred to the Acting City Manager for consideration and a report and recommendation to Council -- be received and filed. In proposing the above motion, Councillor Trites suggested that, while the private sector of the community is encouraged to get involved in something as valuable as the Southern New Brunswick Senior Hockey League, unfortunately it is beyond the mandate of the City and Council to get into financial support of such an operation, and the Mayor advised that she neglected to ask if the Team was senior or junior and assumed it was a junior team. Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager recommending Council's approval for execution of the necessary agreements with regard the application of 050948 NB Inc. relative to a property at 177 Prince William Street for funding under the Upper Floors Grant Program as follows: project development grant $8,976 and project construction grant $10,000, Council having approved the application on November 25, 1992. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Acting City Manager, the Mayor and Common Clerk be authorized to execute the necessary agreements with 050948 NB Inc., the text of which is submitted, for funding under the Upper Floors Grant Program relative to the property at 177 Prince William Street. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Acting City Manager, contract 93-21, Lancaster Wastewater Treatment Plant grit removal chamber modifications, be awarded to C.S. Spurr Contracting Ltd., at the tendered price of $36,400, 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. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Acting City Manager, the proposal of UMA Engineering Ltd., in the amount of $18,000 (taxes included), be accepted for the provision of engineering services. Question being taken, the motion was carried. 84-269 COMMON COUNCIL SEPTEMBER 13, 1993 On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Acting City Manager, the low tender of Erb's Enterprises Ltd., in the amount of $38,500 (all taxes included), be accepted for miscellaneous renovations to Fire Station #8, Millidge Avenue. Question being taken, the motion was carried. Read a report from the Acting City Manager advising that the Saint John Fire Fighters Association has done considerable work on the interior of the Fire Fighters' Museum at 24 Sydney Street and is now requesting permission to do some restoration of the stone facade, for which Council's approval is required, as is the approval of the Preservation Review Board as the property is in the heritage preservation area. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Acting City Manager, Saint John Fire Fighters' Association, Local Union No. 771, I.A.F.F., be authorized to have the restoration work completed on the exterior of the property at 24 Sydney Street in accordance with requirements as established by the Preservation Review Board. Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager advising that the Transit Commission has reviewed its bus replacement schedule and determined that it will require the use of 15 buses, which are leased through Central and Eastern Trust, past the lease expiration date of March 31, 1995, and is therefore recommending that the purchase option be exercised, and that six months prior notice is required to exercise the purchase option. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Acting City Manager, the City exercise the purchase option for the 15 Saint John Transit buses at a unit price of $7,989 plus taxes, effective March 31, 1994, and that the Mayor and Common Clerk be authorized to execute any necessary agreements. Mr. Wilson advised that it will be necessary to make provision for the above purchase in the 1994 Capital Budget as part of the Commission's allotment. Question being taken, the motion was carried. Read a report from the Acting City Manager advising that Ogden Entertainment Services (Canada) Inc. has applied to the Liquor Licensing Branch for a special facility license for Harbour Station at 99 Station Street, such license to extend to concession stands, food and beverage preparation areas and club room premises within the complex; and also advising that a special facility license is considered to be incidental to the primary use of the complex. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Acting City Manager, Common Council give approval for the operation of the proposed Harbour Station complex, including a special facility license. Question being taken, the motion was carried with Councillor Gould voting "nay". 84-270 COMMON COUNCIL SEPTEMBER 13, 1993 Consideration was given to a report from the City Solicitor submitting, further to Council's August 30 request, an appropriate resolution in order to permit Mr. Terry Gallant to carry out the necessary construction to his property at 428 Milford Road. On motion of Councillor Landers Seconded by Councillor McAlary RESOLVED that Terry Gallant, the present owner of premises located at 428 Milford Road, be granted an easement to allow the encroachment of the present stairs to his building upon Milford Road and to permit the building of a porch to enclose the present stairs, provided that such encroachment shall not be any closer to the sidewalk than the existing stairs, such easement to terminate with the destruction or removal of such encroachment, and that the Mayor and Common Clerk be authorized, in consideration of the payment of $1.00, to execute the grant of easement in favour of the owner. 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 Tuesday, September 7, 1993 when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers and Trites, and your Committee submits the following recommendations, namely: 1. That a grant of $475 be approved for the UNBSJ Business Administration Society to cover the rental of the Lily Lake Pavilion on August 28, 1993, for a dance the proceeds of which were to go to Romero House. 2. That as recommended by the City Manager, Mr. Mark Giberson be appointed as the City's nominee to the board of arbitration of Local No. 18, C.U.P.E., grievance 93-17 pertaining to Mr. George Hoyt. 3. That as recommended by the City Manager, Mr. Kenneth Defazio be advised that the City is not prepared to sell or lease him the land adjoining his property on Latimer Lake Road at the present time. 4. That as recommended by the City Manager, the property at 95 Manchester Avenue described as Lot 92-2B on the subdivision plan filed as #3004 in the Registry Office on February 26, 1993, be sold to Mr. James Savard for a price of $22,000, with the City to retain an option to reacquire the property for the purchase price if it is not developed within a period of one year from the date of sale. 5. That as recommended by the City Manager, Village Estates Inc. be advised that the City is not prepared to exchange the land on the corner of Manawagonish Road and Scotiaview Drive, for the lots at 101 and 105 Manchester Avenue. September 13, 1993, Saint John, N. B. Respectfully submitted, (sgd.) Shirley McAlary C h air man. The Mayor suggested that section 1 of the above report should indicate that the grant is approved for the UNBSJ Business Administration Society and Romero House. 84-271 COMMON COUNCIL SEPTEMBER 13, 1993 On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that a grant of $475 be approved for the UNBSJ Business Administration Society and Romero House to cover the rental of the Lily Lake Pavilion on August 28, 1993, for a dance the proceeds of which were to go to Romero House. 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. Question being taken, the motion was carried. On motion of Councillor Knibb 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 Knibb Seconded by Councillor Trites RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, (1) Council authorize the preparation and execution of a City/Developer subdivision agreement with respect to 426 Dwyer Road to ensure provision of the required services; and (2) Council assent to a 6-metre wide public utility easement along the westerly side of Lot 93-2. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from The Honourable Jane Barry, Minister of the Environment, advising that the City of Saint John has been awarded funding in the amount of $3,210 from the Waste Reduction Fund, which is a 50% cost-sharing program whereby the Department of the Environment encourages municipalities to undertake initiatives to reduce waste -- be received and filed and Council accept the funding with appreciation to the Minister. 84-272 COMMON COUNCIL SEPTEMBER 13, 1993 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that the letters from Wayne D. Fry, Lisa Thompson, Sheri C. McAulay, and Anne Bouchie expressing appreciation for Council's decision on August 30 against an exotic bar establishment in Saint John -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from the West Side Preservation and Development Association requesting Council to give the matter of the unsightly condition of the property at 205-207 King Street West its prompt attention -- be received and filed and the Association be advised that the property is expected to be before Council on Tuesday, October 12, 1993 under the Unsightly Premises Act. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from the proprietors of Inn On The Cove regarding Irving Pulp & Paper, Limited's announcement on August 27 that it would not be building a waste disposal site in East Saint John and instead would be changing its proposal for Sheldon Point to include the waste originally intended to be disposed in East Saint John; expressing the view that the new proposal includes significant changes and is obviously different from the proposal advertised in the public notice for a Municipal Plan amendment and, as a result, a new application for re-zoning and Municipal Plan amendment providing all the details of the new proposal should be submitted by Irving Pulp & Paper, Limited and notice of this new application should be duly advertised; and asking to be advised as to whether a new application has been submitted and, if not, whether Common Council will give any further consideration without a new application -- be referred to the Acting City Manager and the Planning Advisory Committee. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk