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1993-09-20_Minutes 84-273 COMMON COUNCIL SEPTEMBER 20, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth 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; P. Woods, Deputy 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; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; D. Sherwood, Chief of Police; G. Tait, Deputy Fire Chief; 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 Trites RESOLVED that minutes of the meeting of Common Council, held on September 13, 1993, be approved. Councillor Knibb referred to the motion adopted at the September 13 meeting with regard to the tender for engineering services, and suggested that the motion should state the two specific Capital projects for which the services are to be provided, namely: (1) construction of the walkways in Kings Square as per the recommendations in the Kings Square Master Plan, including the grassed area around the bandstand, and (2) surfacing of the vehicle road between Lake Drive South and the new Loop Road in Rockwood Park. Moved in amendment by Councillor Knibb Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on September 13, 1993, be amended by amending the motion concerning the tender for engineering services to read as follows:- "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 with regard to (1) construction of the walkways in Kings Square as per the recommendations in the Kings Square Master Plan, including the grassed area around the bandstand, and (2) surfacing of the vehicle road between Lake Drive South and the new Loop Road in Rockwood Park.". Question being taken, the amendment to the motion was carried. Question being taken, the motion as amended was carried. Councillor M. Vincent asked that the Mayor's letter regarding the Fundy Minor Football Association's letter concerning the closure of football fields, which is on the Committee of the Whole agenda of this date, be added to the agenda of this meeting in view of the timing; and the Mayor advised that the Acting City Manager has asked that Council withdraw from the agenda of this meeting the Acting City Manager's report on the proposal call for security service for the pedway link as staff needs more time with this matter. 84-274 COMMON COUNCIL SEPTEMBER 20, 1993 On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the above-mentioned letter from the Mayor be added to the agenda for consideration at this meeting, and the above-mentioned report from the Acting City Manager be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. The Mayor noted that the Welsh Male Choir will be performing at the Trinity Anglican Church on September 21, and that the St. Joseph's Hospital Foundation Canducky Derby tickets are now on sale; asked the citizens to support the United Way Campaign; and displayed a book entitled "One Hundred Designers' Favourite Rooms" presented to her by Katherine (Bettle) Bacon, President of The Finishing Touch, Inc., at 101-105 Charlotte Street, and congratulated Ms. Bacon on the distinction of being one of the 100 designers featured in the book, for her design of the New Brunswick Telephone Company Corporate Centre. The Mayor also noted that earlier this date Environment Minister The Honourable Jane Barry opened new attractions at the Irving Nature Park in Saint John, including the boardwalk on the marshlands, an observation tower from the highest point on the island, and the three recently-constructed trails; and commented on the third annual Take Back the Night March, scheduled for this date by the Social Action Committee of the YM-YWCA, the Saint John Women's Centre and Hestia House, which is a protest against all forms of violence against women and children. Councillor Landers asked that the copy of a letter from the Minister of the Environment to the Assistant City Manager - Operations (copies of which were forwarded to Council members as an information item) be added to the agenda of this meeting. On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that the above-mentioned copy of a letter from the Minister of the Environment be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Mayor extended a message of sympathy to the family of the late Willard E. Godfrey, who passed away on September 14. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Acting City Manager, contract 93-23, crackfilling 1993, be awarded to Niagara Crack Sealing Limited, at the tendered price of $16,200, 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 McAlary RESOLVED that as recommended by the Acting City Manager, contract 93-24, Mount Pleasant Avenue (C) - Park Avenue retaining wall construction, be awarded to F. Andrew Simpson Contracting Ltd., at the tendered price of $55,805, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 84-275 COMMON COUNCIL SEPTEMBER 20, 1993 Question being taken, the motion was carried. Read a report from the Acting City Manager advising that 054223 N.B. Ltd. has applied to the Liquor Licensing Branch for lounge and entertainment licenses for Don Cherry's Grapevine Restaurant, a new restaurant in Market Square, and that the specific proposal adopted by Common Council when the property was placed in the "ID" zone permits licensed facilities such as that proposed by the applicant. On motion of Councillor Chase Seconded by Councillor M. Vincent RESOLVED that as recommended by the Acting City Manager, Common Council give its approval for lounge and entertainment licenses for the operation of Don Cherry's Grapevine Restaurant in Market Square. Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager advising, on September 21, 1992 when Common Council assented to Phase 4 of the Meadowland Subdivision which included assent to Honeysuckle Drive and other municipal and utility services, the need was not identified at that time for a municipal services easement over Lots 10 and 11, as indicated on the submitted drawing, to facilitate surface drainage and provide protection for existing drainage patterns from the interference of development; and submitting a recommendation in this regard. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, a municipal services easement be acquired over a portion of Lots 10 and 11, Block A, in the Meadowland Subdivision, as shown on the submitted plan, for a price of $1.00. Question being taken, the motion was carried. Read a report from the Acting City Manager advising that, with regard to the opportunity to relocate the VIA Station further away from Harbour Station, a separate parcel of land is not being created but part of the Station and its parking will be integrated into the parking lot of Harbour Station further away from the congestion adjacent to the building, and the "B-3" zoning does not provide for this type of use and, in fact, transportation terminals of all kinds are specifically prohibited, which is an out- of-date provision that does not recognize the variety of activities that can occur in the Uptown area; and recommending a Zoning By-Law amendment to delete this provision and add it to the permitted uses which, if implemented, will permit a variety of options to be pursued now and in the future. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that as recommended by the Acting City Manager, (1) Council initiate an amendment to the Zoning By-Law which would delete the prohibition of "- a bus and other transportation terminal;" in Section 540(2)(a), and add the same phrase to Section 540(1)(a) as a permitted use; and (2) the proposed amendment be advertised for a public hearing on October 25, 1993, and the proposal be referred to the Planning Advisory Committee for a report and recommendation. Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager advising that the property at 1458-1466 Grandview Avenue has a history of approvals by the City since 1978 to permit the temporary location of a mobile home(s) on the site, the most recent approval by Council for such a use having been given on July 31, 1989, and that the applicant has indicated that he does not wish to apply for re-zoning 84-276 COMMON COUNCIL SEPTEMBER 20, 1993 of the site to permit a mobile home since it is not his intention to have the mobile home remain on a permanent basis; also advising that the applicant wants to purchase a separate lot for his permanent home and, due to financial constraints, is requesting that Council approve the temporary location of the mobile home for an additional year; further advising that the Department of Health has no objection for the mobile home to remain on the site for an additional year, and that the Building Inspection Department has indicated that the requested extension for the mobile home to remain for an additional year is the result of an "order" by the Department to have the mobile home removed from the property, and the owner was sent a number of notices to have the structure removed; and recommending that Common Council, if it wishes, may allow the existing mobile home to remain on the subject property for an additional year. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that Common Council allow the existing mobile home to remain on the property at 1458-1466 Grandview Avenue for an additional year. Question being taken, the motion was carried. Read a report from the Acting City Manager advising that Laubach Literacy of Canada has advised that its rented space in the Old Provincial Building at 55 Canterbury Street has become too small and it is moving to the Courtenay Centre where it will have larger facilities and better loading conditions, and that a request to lease the space has been received from Read Saint John which is associated with Laubach Literacy of Canada in teaching adults to read. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Acting City Manager, Read Saint John be leased 1,337 square feet of space at 55 Canterbury Street at a rental of $7,350 per year and it be given a grant of $4,050 to reduce the rental to $3,300 per year, or $275 per month, for the period of November 1, 1993 to March 31, 1994. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Landers RESOLVED that the copy of the letter from the Minister of the Environment to the Assistant City Manager - Operations advising that, pursuant to section 6(3) of Regulation 87-83, the Environmental Impact Assessment Regulation - Clean Environment Act, a review of the Spruce Lake Landfill - Expansion/Closure has been completed and, in accordance with section 6(6) of the Regulation, it has been determined that the undertaking may proceed following approval under all other applicable acts and regulations, and subject to the stated terms and conditions -- be referred to the Acting City Manager for a report to Council. Mr. Robichaud apprised Council of the City's action at the Landfill relative to the above letter, including the identification of a new area for all appliances containing CFCs in that CFCs are now removed on a weekly basis, tagged and bulldozed over to an adjacent pile, and a change in the mode of operation with regard to cover so that the compactor with the large cleats does not travel over the covered area so as to avoid the problem of garbage surfacing through the cover material; and advised that staff is gathering information on the other issues with the intent to submit a report to Council on each and every one of them. Question being taken, the motion was carried. 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 St. Rose Parish Community 84-277 COMMON COUNCIL SEPTEMBER 20, 1993 Housing Inc., concerning the proposed extension of Catherwood Street, have been completed, and that no written objections have been received, with a letter in support having been received from Mr. Eric L. Teed. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of St. Rose Parish Community Housing Inc. for a Municipal Plan amendment with regard to the proposed extension of Catherwood 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 October 25, 1993. Question being taken, the motion was carried. (Councillors Chase, Coughlan, Rogers, A. Vincent and M. Vincent withdrew from the meeting as they were not present for the September 13 public hearing with regard to the proposed re-zoning of 1673 Loch Lomond Road.) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-325 A 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, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning limit the development to the use of the existing building. The by-law entitled, "By-Law Number C.P. 100-325 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. (Councillors Chase, Coughlan, Rogers and M. Vincent re-entered the meeting.) 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 September 13, 1993, when there were present Mayor Wayne and Councillors Gould, Knibb, Landers, McAlary and Trites, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Millidgeville Recreation Advisory Board, Common Council approve the name, Millidgeville Community Centre, for the new community centre at the M. Gerald Teed School. 2. That as recommended by the Acting City Manager, (1) street closing procedures be commenced to close that portion of the former River Street between its intersection with Spar Cove Road and the point to which it was closed in 1967, the portion being as shown on the submitted plan; (2) if the street is closed, a portion of land adjoining the property at 69 Spar Cove Road and at the same elevations as it, being NBGIC Number 40717, as well as an appropriate portion of the closed street, be sold to Mr. John Walton for a price of $1,000 plus all costs necessary to complete the 84-278 COMMON COUNCIL SEPTEMBER 20, 1993 transaction; and (3) agreement to sell this land does not explicitly nor implicitly obligate the City to complete the street closing. 3. That as recommended by the Acting City Manager, the City give a grant of $5,000 to First Night Saint John to be used in connection with activities planned for the evening of December 31, 1993. September 20, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Trites 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 Trites RESOLVED that section 2 of the above report be adopted. (Councillor A. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb 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 the application of Family Shoe Shoppes (1985) Ltd. for an amendment to the Section 39 conditions of re-zoning of 1120 and 1150 Loch Lomond Road 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 October 25, 1993. Question being taken, the motion was carried. Councillor Chase advised that he had wanted to register a "nay" vote on section 3 of the above Committee of the Whole report. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from William Reynolds requesting that the Lime Kiln Road in Brookville be plowed of snow in the winter -- be referred to the Acting City Manager for a report to Council. Mr. Robichaud, referencing two previous reports to Council in 1990 and 1991 regarding the above matter, advised that there are two reasons why the City of Saint John takes over a road, one being if the road has been constructed to a City standard and handed over to the City for future maintenance, the other being that it was a road that was maintained by the Province prior to amalgamation, and that the above private right-of-way meets neither of these criteria. 84-279 COMMON COUNCIL SEPTEMBER 20, 1993 Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the letter from Vilas McAfee commenting on the brick sidewalks in the City on the basis of her opinion that they are hazardous -- be referred to the Acting City Manager to determine if something can be done with regard to maintenance of the brick sidewalks. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letters from Kim Chase and Chris Sarchfield, Kelly and David Brown, and the Saint John Alliance Church expressing appreciation for Council's decision against an exotic bar establishment in Saint John -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that the letter from Mayor Wayne submitting a letter from Larry Harlow of the Fundy Minor Football Association asking that the sports fields not be closed on rainy or wet days during the football season on the basis that, in such a short season, the Association cannot afford to miss playing scheduled games as the games cannot be made up -- be referred to the Acting City Manager for a report to Council at the next meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk