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1995-01-03_Minutes 85-34 COMMON COUNCIL JANUARY 3, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the third day of January, AD. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Knibb, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; W. Edwards, Building Inspector; J. Morrison, Deputy Fire Chief; A Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Deputy Mayor McAlary called the meeting to order, and Dr. Mark McKim of Germain Street United Baptist Church, 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 December 19, 1994, be approved. Question being taken, the motion was carried. (Councillor Coughlan entered the meeting.) 3. Municipal Plan Amendment & Re-ZoninQ 555 Somerset Street The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located within the triangle formed by Somerset Street and the two branches of Rope Walk Road at 555 Somerset Street (NBGIC Number 55090211), from Open Space to Light Industrial classification; and (b) the proposed re-zoning of the same parcel of land from "P" Park and "1-1" Light Industrial classification, to permit the site to be developed for light industrial uses, as requested by Wm. P. Dowd & Sons Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's December 20 meeting at which the applicant indicated that he had no concerns with the recommendation and the submitted letter of support was received; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Open Space to Light Industrial classification, a parcel of land located within the triangle formed by Somerset Street and the two branches of Rope Walk Road, having civic number 555 Somerset Street and NBGIC Number 55090211; and (2) re-zone the same parcel of land from "P" Park to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out 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; 85-35 COMMON COUNCIL JANUARY 3, 1995 (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 the Chief City Engineer; (c) a concrete curb and sidewalk meeting City specifications must be installed along the Somerset Street frontage of the site, 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 the driveway entrances shall extend onto the City rights-of-way to join with the street curbs; (d) outdoor storage, if any, must be located to the rear of the building with screening in the form of vegetation and/or a solid fence between the outdoor storage area and the street; (e) all disturbed areas of the site, which are not occupied by buildings, driveways, walkways, parking, loading or outdoor storage 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; (f) 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, outdoor storage areas, signs, landscaped areas and other site features, and no building permit will be endorsed by the Development Officer (except site preparation and/or foundation) until the site plan is approved, such site plan to be attached to the building permit; and (g) all site improvements as shown on the site plan must be completed within one year of building permit approval. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A Law to Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located within the triangle formed by Somerset Street and the two branches of Rope Walk Road at 555 Somerset Street (NBGIC Number 55090211), from Open Space to Light Industrial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "A Law to Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located within the triangle formed by Somerset Street and the two branches of Rope Walk Road at 555 Somerset Street (NBGIC Number 55090211), from Open Space to Light Industrial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 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 a parcel of land located within the triangle formed by Somerset Street and the two branches of Rope Walk Road at 555 Somerset Street (NBGIC Number 55090211), from "P" Park to "1-1" Light Industrial 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. 85-36 COMMON COUNCIL JANUARY 3, 1995 On motion of Councillor M. Vincent 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 a parcel of land looted within the triangle formed by Somerset Street and the two branches of Rope Walk Road at 555 Somerset Street (NBGIC Number 55090211), from "P" Park to "1-1" Light Industrial 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 M. Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 4. Municipal Plan Amendment 1721 Grandview Avenue Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 1721 Grandview Avenue (NBGIC Numbers 335109 and 55021703), having a frontage of 100 feet and being 200 feet in depth, from Low Density Residential to Light Industrial classification, to place the existing autobody shop into conformity with the Municipal Plan and permit the re-zoning of the parcel of land to an "1-1" Light Industrial zone, as requested by Mr. Robert Crowe. 5. Municipal Plan Amendment 164-166 Leinster Street Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land having an area of approximately 13,000 square feet located at the southwest corner of Leinster and Crown Streets at 164-166 Leinster Street (NBGIC Numbers 9258, 11833, 55036743 and 55047021), from Medium Density Residential to District Centre Commercial classification, to permit the re-zoning of the land from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, and construction of a new building containing an insurance office, coffee and donut shop and beauty salon, as requested by Mr. Merton L. Fudge. 6. Mavor's Remarks Deputy Mayor McAlary extended best wishes to His Worship Mayor Thomas Higgins, having recently undergone surgery, for a speedy recovery; expressed appreciation to the Board of Directors of and volunteers involved in the First Night Saint John event on December 31; noted the Mayor's Levee on January 1, as well as the flag-raising ceremony on that date in recognition of the 100th Anniversary of the Navy League of Canada; and proclaimed January 1995 as Alzheimer Month in the City of Saint John. Note was also made of the forthcoming Christmas tree mulch on January 7 at the McAllister Place mall and the voluntary involvement of members of the City's outside workers of Local 18 in this event. 7. ProQress Payment Contract 94-9 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 85-37 COMMON COUNCIL JANUARY 3, 1995 1. Contract 94-9, Water & Sewer Services Renewal L. Halpin Excavating 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 Estimate Number 4, dated December 21, 1994 Final holdback release. $122,150.00 85,148.00 Nil 70,183.89 14,964.11 978.96 $ 14,964.11 Question being taken, the motion was carried. 8. Authoritv To Expend Funds Read a report from the City Manager recommending adoption of the submitted resolution to authorize the expenditure of funds during the period until the 1995 Operating and Capital Budgets are approved and in which the City and related organizations will be operating without an approved budget. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the following resolution be adopted, namely:- WHEREAS the 1995 budgets for the City of Saint John have not been approved; AND WHEREAS there are some day-to-day matters controlled by the general approval of the budget: NOW THEREFORE BE IT RESOLVED that the City Manager be authorized to approve purchases up to the value of $12,500 where provision for same is normally contained in the budget which has not been approved: AND BE IT FURTHER RESOLVED that approval be given for the weekly payroll for civic employees: AND BE IT FURTHER RESOLVED that the Commissioner of Finance be authorized to disburse funds to commissions and organizations which, in his opinion, would ensure the continued economic and efficient day-to-day operation of these commissions and organizations during this period. In response to Councillor A. Vincent's query of the legality of the above motion and for the need of a budget if such action can be taken, Mr. Rodgers expressed the opinion that the above resolution is valid and necessary, and advised that he is not aware of any legal prohibition preventing the City from adopting the resolution that is being recommended to take care of this short period of time between now and when the budget is approved. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 9. BuildinQ Bv-Law Amendment On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the report from the City Manager explaining that, as it has been acknowledged for some time that permit applications could be processed quicker during the construction season if another individual in addition to the Building Inspector had the authority to issue permits, staff is 85-38 COMMON COUNCIL JANUARY 3, 1995 recommending to Council that the Building By-Law be amended to extend authority to other staff to issue building permits and that the Deputy Building Inspector be authorized to issue building permits and that, by resolution of Common Council, other qualified staff be authorized to issue building permits for houses and small buildings with the Building Inspector to make recommendations to Common Council regarding other qualified staff on an as-required basis; and recommending that Common Council amend the Building By-Law by enacting the submitted amendment and further that it be referred to the Planning Advisory Committee -- be received and filed and the recommendation adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 10. Quit Claim - Somerset Street Consideration was given to a report from the City Manager advising of a request from the solicitors for Tobias Foods Ltd. for assistance to resolve a problem with the northwesterly sideline of the lands at 511 Somerset Street, the City having acquired a portion of the subject property from Raydor Ltd. in 1985 for improvements to the Churchill Avenue/Somerset Street intersection at which time the street line for Somerset Street was established as illustrated on the submitted plan, although, as noted, it had been shown differently on other plans during the preceding 30 years; and recommending the provision of a quit claim deed to Tobias Foods Ltd. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City provide Tobias Foods Ltd. with a quit claim deed for Lot 93-1, Plan 200073, for the purpose of confirming the street line for Somerset Street established by the City in 1985 when lands were acquired from Raydor Ltd. Question being taken, the motion was carried. 11. Municipal Plan Amendment And Re-ZoninQ 293-309 Lancaster Avenue Consideration was given to 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 Castle Funeral Homes Ltd. have been completed and the required waiting period for objections expired on December 28, 1994, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Castle Funeral Homes Ltd. for a Municipal Plan amendment and re-zoning of property at 293-309 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 February 13, 1995. Question being taken, the motion was carried. 12. 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 85-39 COMMON COUNCIL JANUARY 3, 1995 Your Committee reports that it sat on December 19, 1994, when there were present Mayor Higgins and Councillors Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Frances Corbett, Nicholas Barfoot, Starr Dashwood and Douglas Spinney be re-appointed, and David O'Brien be appointed, to the SAINT JOHN FREE PUBLIC LIBRARY (Board of Commissioners) for a term of three years effective January 1, 1995. 2. That as recommended by the Nominating Committee, Rino J. Morin, Edis Flewwelling and Owen Boyle be re-appointed to the SAINT JOHN HARBOUR BRIDGE AUTHORITY for a term of three years effective January 1, 1995. 3. That as recommended by the Nominating Committee, Bob Newdick and Paul L. Meier be re-appointed to the HARBOUR STATION COMMISSION for a term of three years effective January 1, 1995. 4. That as recommended by the Nominating Committee, Gordon A. Thorne and Abbie M. Colwell be re-appointed to LORD BEAVERBROOK RINK AT SAINT JOHN. INC. (Board of Trustees) for a term of three years effective January 1, 1995. 5. That as recommended by the Nominating Committee, Henry Meinhardt and J. Harold Stafford be re-appointed to THE MARKET SQUARE CORPORATION (Board of Directors) for a term of three years effective January 1, 1995. 6. That as recommended by the Nominating Committee, Shelley G. Courser and Mike Brown be re-appointed, and Diana Alexander be appointed, to the SAINT JOHN PARKING COMMISSION for a term of three years effective January 1, 1995. 7. That Michael Richard be re-appointed and Brian J. Cunningham be appointed to the PLANNING ADVISORY COMMITTEE for a term of three years effective January 1, 1995. 8. That as recommended by the Nominating Committee, K. V. Cox and Gary 1. Foster be re-appointed to the SAINT JOHN BOARD OF POLICE COMMISSIONERS for a term of three years effective January 1, 1995. 9. That as recommended by the Nominating Committee, the following appointments be made to the PRESERVATION REVIEW BOARD:- effective January 1, 1995, Robert W. Ring be re-appointed for a term of two years; Stephen Alexander be appointed for a term of two years; and Carol Madsen and Peter Smit be appointed for a term of three years. 10. That as recommended by the Nominating Committee, Councillor Coughlan, Francis Hughes, J. M. McNamara, Ronald C. Watters, Raymond Richards and Donald Harvey be re-appointed to the ROCKWOOD PARK ADVISORY BOARD for a one-year term effective January 1, 1995. 11. That as recommended by the City Manager, Common Council, (1.1) initiate the necessary steps to close that portion of Ropewalk Road shown as Parcel 'A' on the submitted plan and having an area of 45 square meters; (1.2) if and when the street is closed, Parcel 'A' be exchanged with William P. Dowd & Sons Ltd. for Parcel 'B', having an area of 37 square meters; (1.3) Dowd will be responsible for all costs associated with completing the transaction; and (1.4) the agreement to exchange lands neither implicitly nor explicitly obligates the City to complete the street closing. 12. That as recommended by the City Manager, municipal services easements generally having a width of 20 feet, as illustrated on the submitted plans, be acquired in the Point Road area as follows:- (1) :t 2,800 square feet of NBGIC Number 00285023 from Medrick J. Gaudet for a price of $100; and (2) :t 3,475 square feet of NBGIC Number 55013957 from Stephen Power for a price of $200; and the City will be responsible for associated costs of survey and preparation of the necessary easement agreement. 85-40 COMMON COUNCIL JANUARY 3, 1995 13. That as recommended by the City Manager, Common Council approve the sale to the Province of New Brunswick of approximately 11 acres of land, located in the Prince of Wales area, at a price of $400 per acre plus all associated costs to finalize the transaction; and that the Mayor and Common Clerk be authorized to execute all documents necessary for the transfer of title to this land to the Province of New Brunswick. 14. That as recommended by the City Manager, Common Council (a) ratify the submitted proposed letters of agreement with each civic union local; (b) authorize similar arrangements to be extended to retired seniors who are former management/non-union employees; and (c) authorize the Mayor and Common Clerk to execute the letters of agreement on behalf of the City. Tuesday, January 3, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 12(1). Appointments To Librarv Board On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 12(2). Appointments To Harbour BridQe Authoritv On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 12(3). Appointments To Harbour Station Commission On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 12(4). Appointments To Lord Beaverbrook Rink On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 12(5). Appointments To The Market Square Corporation On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 5 of the above report be adopted. 85-41 COMMON COUNCIL JANUARY 3, 1995 Question being taken, the motion was carried. 12(6). Appointments To ParkinQ Commission On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 12(7). Appointments To PlanninQ Advisorv Committee On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. 12(8). Appointments To Board of Police Commissioners On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". 12(9). Appointments To Preservation Review Board On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. 12(10). Appointments To Rockwood Park Advisorv Board On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 10 of the above report be adopted. Councillor Rogers advised her intention later in the meeting to propose a motion on the matter of receiving nominations to the various City committees. Question being taken, the motion was carried. 12(11). Closure & Sale Portion Of Rope Walk Road On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 11 of the above report be adopted. 85-42 COMMON COUNCIL JANUARY 3, 1995 Question being taken, the motion was carried. 12(12). Municipal Services Easement Point Road On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 12 of the above report be adopted. Question being taken, the motion was carried. 12(13). Sale Of Land HiQhwav #1 Prince of Wales On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 13 of the above report be adopted. Question being taken, the motion was carried. 12(14). Letters of Agreement Prescription DruQ CoveraQe On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 14 of the above report be adopted. Further to Mr. Groody's indication of his understanding that, while the representatives of each of the unions have agreed to the letters of agreement, two of the four civic unions have ratified their respective letters of agreement to date, Councillor A. Vincent asked what would happen if only two of the civic unions agree and the other two do not, with Mr. Groody's response being that, if a union does not ratify its letter of agreement, the City would proceed with the unions that do. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 13. FCM Request For Resolutions On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the memorandum from the Federation of Canadian Municipalities requesting resolutions for consideration at the March 1995 meeting of the FCM National Board of Directors or the Annual Conference in June 1995 -- be referred to the City Manager. Councillor Knibb suggested that the City should submit a resolution to reinforce the need for railway transportation and the need for the Federal Government to look favourably upon rail service, and Deputy Mayor McAlary suggested that the City should again encourage the continuation of the Infrastructure Program. Question being taken, the motion was carried. 14. Uptown Saint John Inc. - Marco Polo Project On motion of Councillor Knibb Seconded by Councillor M. Vincent 85-43 COMMON COUNCIL JANUARY 3, 1995 RESOLVED that the letter from Uptown Saint John Inc. urging Council to continue working towards the completion of the Marco Polo Project -- be received and filed and the Common Council of the City of Saint John go on record with the Board of Directors of Uptown Saint John Inc. in maintaining that the Marco Polo Project is a valid project and deserves the support not only of the City of Saint John but of the Province of New Brunswick and the Federal Government. Question being taken, the motion was carried. 15. Generation 2000 - Assistance Request On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mmes. Nicole Daigle and Linda Doucette, 1995 National Tour Members of Generation 2000, requesting support for their participation in training as tour members -- be received and filed and Mmes. Daigle and Doucette be encouraged to seek private contributions. Question being taken, the motion was carried. 16. St. Patrick's Karate Club - Assistance Request On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from the St. Patrick's Karate Club requesting assistance to participate in the Soke Cup to be held in Kumamoto City, Japan, in August -- be referred to the Saint John Canada Games Foundation and Venue Saint John. Question being taken, the motion was carried. 17. Blaine R. Harris - Barber Shop Bv-Law On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from Mr. Blaine R. Harris referring to his letter considered by Council on September 6, 1994 requesting the rescinding of the by-law respecting the early closing of barber shops, and asking that Council make a decision on this matter once and for all and rescind this by-law and allow the private owners to decide for themselves if they wish to open -- be referred to the City Manager. Question being taken, the motion was carried. Councillor Chase asked the chair to rule on whether or not he has a bona fide question of privilege to raise at this time the matter of the purposeful sending of documents, through the mail this week, having to do with the Police Local 61 and the City of Saint John arbitration award in that, while he does not know what can be done about it, in his opinion the privileges of Council have been interfered with. Councillor Trites rose on a point of order on the basis that this matter has no place at the Council table at the moment as there is a Police investigation underway and Council should be making no comment on it whatsoever, and Deputy Mayor McAlary acknowledged the point of order. *Procedure For Nomination To City Committees On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that the procedure for an individual to volunteer for any board, commission or committee of the City of Saint John 85-44 COMMON COUNCIL JANUARY 3, 1995 be published and that this matter be referred to the City Manager and the Common Clerk to be carried out in consultation with the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk