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1994-11-07_Minutes 84-919 COMMON COUNCIL NOVEMBER 7,1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventh day of November, A.D. 1994, at 4:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent - and - Messrs. D. Wilson, Acting City Manager; F. Rodgers, City Solicitor; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; D. Logan, Purchasing Agent; J. Baird, Manager - Development Division, Planning; G. Tait, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on October 31, 1994, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor Higgins extended a message of sympathy to Deputy Mayor McAlary on the death of her mother, Christine McAlary, on November 1. Mayor Higgins read a press release issued by Enterprise Saint John on Xerox Canada Limited's decision to open its new Xerox Customer Service Centre in Saint John; noted the grand opening of the Wal-Mart Store in Saint John on November 8, as well as the November 11 Remembrance Day Memorial Services at the Cenotaph in King's Square; and advised that Deputy Mayor McAlary will chair next week's Council meeting as he will be attending the Atlantic Rim Conference in Boston, Massachusetts, which will involve an exchange of ideas among and attempts to attract business by the Atlantic Rim companies in Europe as well as the American and Canadian companies along the Atlantic Coast of North America. The Mayor proclaimed November 6 to 12 as the Week of Unity and Diversity in the City of Saint John on behalf of the Baha'is of Saint John; and agreed to acknowledge the 100th year of the Saint John Women's Council on November 9 through a letter on behalf of Council; and note was made of the November 8 dedication ceremony relevant to the Manawagonish Road tree planting. Further to the November 5 and 6 search of the former General Hospital complex by a team of Saint John Police Officers and Fire Fighters, the Mayor advised that negotiations are ongoing with respect to demolition, and Assistant Deputy Chief McNamee, having attended at the scene during both days of the search, expressed the view that it is not possible to secure the complex any more, and that its interior is in deplorable condition, and he warned citizens not to enter any of the buildings. 84-920 COMMON COUNCIL NOVEMBER 7,1994 * Added Item On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the request of Civic Employees Local Union No. 18 C.U.P.E. to address Council on November 21 in open session regarding privatizing the Golf Course, which is on the agenda of Committee of the Whole on this date as item 23, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. It was noted that the above item would be considered as 20A. 3A. East Saint John Home & School Associations' Air and Noise Pollution Concerns On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from Councillor M. Vincent outlining concerns of a group of home & school associations in East Saint John related to noise and air pollution in more recent times and discussions they have had in this regard; listing six steps and asking that the City provide to the associations the information they are seeking and that a series of joint meetings be held involving the stakeholders, believing that this may lead to a free flow of information and perhaps bring about better living conditions for those affected -- be received and filed and the six steps be accepted as listed, with the City Manager to have Mr. MacKinnon coordinate this exercise and report back to Council on a regular basis with the results of the meetings that will be held; and further that a copy of this letter be forwarded to The Honourable Marcelle Mersereau, Minister of the Environment. Discussion was with regard to the Provincial Environment Minister's informal meeting with the Mayor and several members of Council during her visit to the City for a meeting on November 3 with representatives of the Irving Refinery, including other members of the Provincial Environment Department, as well as the Federal Department; and the City of Saint John Environment Committee's public meeting on November 9 was noted as an opportunity for various groups in the City to advise and update the Committee on environmental issues, and note was made of Council's invitation, by resolution of October 31, for the Minister of the Environment to address Council in open session with respect to the air control system in East Saint John. The Council meeting recessed briefly in response to a fire alarm during the above discussion. (Councillor A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. 4. Hazen Creek Wastewater Treatment Plant - Parts Replacement On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the Purchasing Department be authorized to issue a purchase order in the amount of $18,757 (plus freight and taxes) to Nortec SGS Inc. for the purchase of a new bevel gear set for the Hazen Creek wastewater treatment plant. (Councillor A. Vincent re-entered the meeting.) Question being taken, the motion was carried. 84-921 COMMON COUNCIL NOVEMBER 7,1994 5. Tender For Traffic Control Equipment On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender for traffic control equipment be awarded in conjunction with the Town of Quispamsis and as indicated in the submitted summary of bids identified as Package #3. Question being taken, the motion was carried. 6. Re-ZoninQ Application - 222 CottaQe Road Consideration was given to a report from the City Manager referring to the Richard W. and Eileen A. Burbridge application for re-zoning of 222 Cottage Road, which is on the agenda of this meeting as item 15, on the basis that Council denied the re-zoning application at the August 22, 1994 public hearing, and to section 910(3)(d) of the Zoning By-Law which deals with further application following refusal by Council; advising that there is no change in the re-submitted application from that denied on August 22; noting the applicant's rationale, which is detailed in the response to question #6 on the re-zoning application, in an attempt to justify the re-application at this time; and recommending that Common Council not re-consider this application for re-zoning of the subject property to "R-4" Four-Family Residential classification. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that item 15 be brought forward for consideration at this time. Question being taken, the motion was carried. 15. Richard W. & Eileen A. Burbridge Application For Re-ZoninQ Of 222 CottaQe Road Consideration was also given to the application of Richard W. and Eileen A. Burbridge for the re-zoning of 222 Cottage Road. 6. On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council not re-consider the application of Richard W. Burbridge and Eileen A. Burbridge for the re-zoning of property at 222 Cottage Road to "R-4" Four-Family Residential classification. Mr. Bedford made the observation that there are two issues involved, one being the legal issue of whether or not this situation is grounds under section 910(3)(d) of the Zoning By-Law and staff does not think it is; the other being that, while the applicants indicated in question 6 of their application that they met with the objectors in the presence of Curtis Langille of the Planning Department and were led to believe that the objectors' concerns had been satisfied, the discussion was between the objector and the applicant and, although staff was at the meeting and the applicant might have wished to have done something differently in open session of Council had it unfolded as the applicant anticipated, it is his view that staff acted appropriately in this situation and, as in normal cases in other applications, staff makes it clear to applicants and to objectors to come to Council as the Planning Advisory Committee meeting is not the final time that an application is heard. Question being taken, the motion was carried. 84-922 COMMON COUNCIL NOVEMBER 7,1994 15. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of Richard W. Burbridge and Eileen A. Burbridge for the re-zoning of 222 Cottage Road be received and filed and the application fee of $200 be returned to them. Question being taken, the motion was carried. 7. Transmission Repairs - Landfill Compactor On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, Council authorize the Purchasing Agent to issue a purchase order in an amount up to $31,000 for transmission repairs on a 1984 Caterpillar landfill compactor. Question being taken, the motion was carried. (Councillor Chase withdrew from the meeting as he was not present for the October 31 public hearings with respect to the proposed re-zoning of 511 Somerset Street, 535 Somerset Street and 25 to 39 Golden Street and 18 Castle Street.) 8. Re-ZoninQ 511 Somerset Street On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "By-Law Number C.P. 100-356 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a triangular area of land having an approximate area of 107 square metres (1,148 square feet) situated at 511 Somerset Street, also being identified as a portion of NBGIC Number 55096432 (formerly NBGIC Number 55003255), from "R-2" One- and Two-Family Residential to "B-2" General Business 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. 100-356 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. 9. Re-ZoninQ 535 Somerset Street On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-357 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 535 Somerset Street (NBGIC Number 46136), located at the southeast intersection of Somerset Street and the southern branch of Rope Walk Road, from "R-2" One- and Two-Family Residential to "B-2" General 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 above re-zoning be subject to the following conditions:- (a) all parking areas, loading areas, aisles, manoeuvring areas and driveways must be paved with asphalt and enclosed by cast-in-place concrete curbs to protect landscaped areas and facilitate proper drainage; (b) adequate site drainage facilities must be provided in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of 84-923 COMMON COUNCIL NOVEMBER 7,1994 the Chief City Engineer; (c) a concrete curb and sidewalk meeting City specifications must be installed along the Somerset Street frontage of the site, and concrete curb only (no sidewalk) is required along the portion of the Rope Walk Road frontage of the site which is to be developed, and curbing of driveway entrances shall extend onto the City rights-of-way to join with the street curbs; (d) all disturbed areas of the site, which are not occupied by buildings, driveways, walkways and parking or loading areas, must be landscaped, and the required landscaping must extend onto the City street rights-of- way to the edge of the curb (Rope Walk Road) or sidewalk (Somerset Street); (e) the site must be developed in accordance with a site plan, prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, landscaped areas and other site features, and no building permit will be endorsed by the Development Officer (except foundation) until the site plan is approved, such site plan shall be attached to the building permit for the development; and (f) all site improvements as shown on the site plan must be completed within one year of building permit approval. The by-law entitled, "By-Law Number C.P. 100-357 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. 10. Re-Zoning 25 To 39 Golding And 18 Castle Streets On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-358 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land consisting of five separate properties at 25 to 39 Golding Street and 18 Castle Street (NBGIC Numbers 14423, 14431,14449,14498 and 15982), from "RM-1" Three-Storey Multiple Residential to "IL- 2" Major Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the above re-zoning be subject to a condition pursuant to Section 39 of the Community Planning Act limiting the use of the subject property to a parking lot. The by-law entitled, "By-Law Number C.P. 100-358 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. (Councillor Chase re-entered the meeting.) 11. Committee of the Whole Report 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 Monday, October 31, 1994, when there were present Mayor Higgins and Councillors Coughlan, Gould, Knibb, McAlary, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council: (a) ratify the submitted letter of agreement reached with the Saint John Policemen's Protective Association, C.U.P.E., Local 61, on the matter of direct payroll deposit, amending 84-924 COMMON COUNCIL NOVEMBER 7,1994 articles 19:01 (c) and 26; and (b) upon approval by the City Solicitor as to legality and form, authorize the Mayor and Common Clerk to execute the agreement on behalf of the City. November 7, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 11 (1). Letter of Agreement Local 61 Direct Pavroll Deposit On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. Mr. Wilson advised that staff is still working on direct pay deposit, program-wise, to ensure that the computer can accommodate the transfer of weekly pay automatically to the banks of employees' choice and that, having finished discussion with the bank, Local 61 is one of the civic unions which has agreed to permit this method of payment, and that this method has the advantage of streamlining things administratively and also provides an advantage to employees who, rather than having to collect a pay cheque every Thursday, will have their pay deposited automatically to their bank accounts at 8:00 o'clock on Thursday morning; and added that this will not be taking effect until sometime in 1995 when the systems are completed and operating, and will represent no extra cost to the citizens. Question being taken, the motion was carried. 12. Dan Gillcrist - CrossinQ Top Of KinQ Street On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Dan Gillcrist expressing his view on the change of location of bus stops in the area of the Community College, McAllister Place and the Lancaster Mall, as well as on the pedestrian crossings at the top of King Street, the corner of Sydney and Waterloo Streets, and Crown and Union Streets; and suggesting that having a beeper on each side of the street at the top of King Street would be helpful -- be referred to the City Manager and the Saint John Transit Commission. Question being taken, the motion was carried. 13. Joe McGrath Application For Amendment To Section 39 Conditions Of Re-ZoninQ Of 293 Lancaster Avenue On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Joe McGrath for an amendment to the Section 39 conditions of re-zoning of 293 Lancaster Avenue 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 December 12, 1994. Question being taken, the motion was carried. 84-925 COMMON COUNCIL NOVEMBER 7,1994 14. Exhibition Plaza Inc. Application For Amendment To Section 39 Conditions Of Re-ZoninQ 201 McAllister Drive On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Exhibition Plaza Inc. for an amendment to the Section 39 conditions of re-zoning of 201 McAllister Drive 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 December 12, 1994. Councillor A. Vincent asked for a drawing showing the ball field in the subject area, and suggested that the plan submitted with the above application is not accurate. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 16. Uptown Saint John Inc. 1995 BudQet & Corporate Plan Consideration was given to a letter from Uptown Saint John Inc. submitting its 1995 Budget and Corporate Plan, the Board having held a special general meeting on November 1 for the purpose of approving the 1995 Budget and projected expenditures and at which it was unanimously passed that the 1995 Budget be approved and forwarded to Common Council; noting that this is the identical Budget that was presented to Council on October 17, and apologizing for the error in failing to hold a special general meeting of its membership prior to submitting the budget at that time; and offering to make another presentation to Council, if required, although Council may prefer to proceed without a repeat formal presentation of the Budget as it is identical to the one previously presented. On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that the letter from Uptown Saint John Inc. submitting its 1995 Budget and Corporate Plan, further to the presentation to Council on October 17 and the Board's approval on November 1 at a special general meeting -- be received and authority be granted for the necessary advertising of Uptown Saint John Inc. 's 1995 Budget. Question being taken, the motion was carried. 17(a) Robert R. Thorne, Pension Trustee Amount Owed By City To Pension Fund (b) Interest On Emplovee Contributions On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that the letters from Robert R. Thorne, Trustee of the Board of Trustees of the City of Saint John Pension Plan, (a) advising that the Pension Board denied his requests to forward his letter regarding money owed the Pension Fund by the City to the Board's solicitor, a copy of which is submitted; and requesting that, as what is taking place is in violation of the City Pension Act and the Pension Benefits Act of the Province of New Brunswick, the $496,223 owed the Pension Fund by the City be paid forthwith plus interest; and (b) explaining why, in his opinion, the definition of "credited interest" is being applied improperly to members' contributions -- be referred to the Board of Trustees of the City of Saint John Pension Plan for a response. With regard to a suggestion that the matter could also be referred to the City Solicitor, the Mayor made the observation that it would be Council's prerogative, upon receipt of the Board's response, to refer the matter to the City Solicitor, if 84-926 COMMON COUNCIL NOVEMBER 7,1994 necessary; and Councillor Knibb, a Trustee on the Pension Board, noted that the Board has its own solicitor, Deno Pappas, although the City Solicitor is consulted on certain issues. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 18. Canadian National, Atlantic Region Railwav BridQe Over Marsh Creek On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Regional Manager Business Planning, Canadian National, Atlantic Region, giving notice that CN Rail will be altering the railway bridge located at mile 83.70 of its Sussex Subdivision in Saint John by replacing the existing bridge over Marsh Creek with a new corrosion resistant steel span on new foundations as shown on the submitted plan and topographical map; and advising where objections can be filed by any person who considers that the safety of the person or person's property would be prejudiced by the proposed Railway work -- be referred to the City Manager. Question being taken, the motion was carried. 19. South Central Citizens Council Fires In South End DurinQ Past Year On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from the Zoning Committee of the South Central Citizens Council referring to the six deaths due to fire in the South End of the City during the past year and the downsizing of the fire fighter personnel and removal of equipment, including the Rescue Unit; and asking Council to review this plan and to issue instructions to the Fire Chief to reverse this policy -- be received and filed. During discussion Councillor A. Vincent, on a point of privilege, asked to go on record as not being against the Fire Department but as against the above motion because of the manner in which the letter is written in that it should have included copies of death certificates to prove that the six deaths in the South End were caused by fire. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 20. Kinsmen & Kinette Clubs of Canada MessaQe Of Support In MaQazine On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from the Kinsmen & Kinette Clubs of Canada requesting a message of support for publication in the special 75th anniversary "Message-of-Support" issues of KIN Magazine and Atlantic Tides -- be received and filed and a message of support be provided as requested. Question being taken, the motion was carried. 84-927 COMMON COUNCIL NOVEMBER 7,1994 *20A. Local 18's Request To Address Privatization of Golf Course On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Civic Employees Local Union No. 18 C.U.P.E. requesting the opportunity to appear before Common Council in open session on November 21, 1994, concerning the possibility of privatizing the Golf Course, as this directly affects its members -- be received and Local 18 be invited to address Council in open session as arranged by the Mayor and Common Clerk. It was suggested that Local 18 should appear at the November 14 Council meeting at which time Municipal Golf 2000 is to address Council, and it was noted that Council does not hear public delegations at its November 21 meeting which is scheduled for 4:00 o'clock p.m. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned and that Council meeting in Committee of the Whole. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk