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1995-02-06_Minutes 85-99 COMMON COUNCIL FEBRUARY 6, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of February, AD. 1995, at 4:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; P. Woods, Deputy Commissioner of Finance; 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; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; G. Tait, Fire Chief; D. Sherwood, Chief of Police, K. Galbraith, Manager of Public Affairs; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary. 1. MeetinQ Called To Order - OpeninQ Prayer Deputy Mayor McAlary called the meeting to order, and Pastor James Fudge, First United Pentecostal Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that minutes of the meeting of Common Council, held on January 30, 1995, be approved. Question being taken, the motion was carried. * Added Item On motion of Councillor Coughlan Seconded by Councillor A Vincent RESOLVED that the request of the Saint John District Labour Council and Local 771, I.AF.F. to address Council in open session regarding fire protection, which is on the agenda of Committee of the Whole on this date as item 27, 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 11A 3. Mavor's Remarks Councillor Knibb noted that the Budapest Hockey Team is playing against the Saint John High School team this evening at Harbour Station; and that the Canada Games Aquatic Centre is celebrating its 10th anniversary and extended an invitation to all citizens to visit the facility. (Councillor M. Vincent entered the meeting.) Deputy Mayor McAlary advised that the Budapest Hockey Team visited with her in the Red Room this afternoon. Councillor Coughlan commented on the success of Skate to Care and thanked the public for their support; and noted that he and Councillors Rogers, Trites, A Vincent and City Manager, 1. Totten attended the Cities of New Brunswick meeting in Moncton on February 3 and 4. 85-100 COMMON COUNCIL FEBRUARY 6, 1995 Deputy Mayor McAlary extended condolences to the family and friends of the late Wesley McKnight, retired Divisional Fire Chief; and to the family and friends of the late Arthur Lewell, and noted that Mr. Lewell is the father of David Lewell, a City employee; extended thanks to the members of the Works Department for their endeavours during the winter storm over the weekend and assured citizens that the streets and sidewalks would be receiving additional attention; proclaimed the week of February 5-11 to be International Development Week in Saint John; the month of February to be Heart Disease and Stroke month in the City; and February 11th to be Lions Club International Day; and noted the Saint John High School presentation of William Shakespeare's "Romeo and Juliet". 4. Mighty Canadian Half-Pints Basketball Team - Request For Ad Purchase In ProQram Councillor Trites proposed a motion, which was seconded by Councillor M. Vincent and later withdrawn, that the letter from Deputy Mayor McAlary submitting a request for advertising in the Mighty Canadian Half-Pints Midget Basketball Team souvenir program be referred to the City Manager for a report and recommendation. Councillor Knibb noted that this event is in aid of N.B. Crime Stoppers. On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that a one-quarter page advertisement be placed in the souvenir programme of the "Mighty Canadian Half-Pints" midget basketball team, at a cost of $200.00. Question being taken, the motion was carried. 5. Appointee To Fundv SWAT Commission On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Deputy Mayor McAlary advising that Council is requested to nominate one member for the Fundy SWAT Commission, which will be formed in the very near future, and that this appointee may be a member of Councilor any citizen from the municipality -- be referred to the Nominating Committee. Question being taken, the motion was carried. 6. City's Image And/Or Logo On Welcome SiQns And Literature Consideration was given to a letter from Deputy Mayor McAlary advising that Mr. Fred Garrett, whose letter on the highway welcome signs was considered by Council on January 30, has brought to her attention that Council did not address the issue of policy in this regard, and it is felt by some that, if the image created by the welcome signs is to be changed, this should be a policy decision made by Common Council; and suggesting that, so as to have a resolution in the minutes to this effect, such resolution could be that welcome signs, or any other literature that possibly could reflect a change in the City's image and/or logo should be a policy of Council. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that Council adopt as policy that the design of all welcome signs, logos and slogans, that could reflect a change in the City's image, be approved by Council. Councillor Knibb noted that this policy would only be for signs, logos and slogans used by the City of Saint John, and would not interfere with groups such as Saint John Transit and the Aquatic Centre. Councillor Gould commented on the history of the Loyalist Man which was created in 1956 by the Tourist Department for tourist promotion. Question being taken, the motion was carried. 85-101 COMMON COUNCIL FEBRUARY 6, 1995 7. Purchase Order - Power Commission Work On Canterbury Street Read a report from the City Manager recommending the issuance of a purchase order to The Power Commission of the City of Saint John relevant to work on Charlotte Street, 50 per cent of the cost for which is being funded by Uptown Saint John Inc. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, a purchase order in the amount of $126,000 be issued to The Power Commission of the City of Saint John to provide for services and materials required by the City of Saint John to install underground hydro services on Canterbury Street between King and Princess Streets. Question being taken, the motion was carried. 8. Municipal Plan Amendment And Re-ZoninQ 1721 Grandview Avenue 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 Robert and Constance Crowe, regarding property at 1721 Grandview Avenue, have been completed and the required waiting period for objections expired on February 2, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Robert and Constance Crowe for a Municipal Plan amendment and re-zoning of 1721 Grandview 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 March 13, 1995. Question being taken, the motion was carried. 9. Municipal Plan Amendment And Re-ZoninQ 164-166 Leinster Street 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 Merton L. Fudge, regarding property at 164-166 Leinster Street, have been completed and the required waiting period for objections expired on February 2, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Merton L. Fudge for a Municipal Plan amendment and re-zoning of 164-166 Leinster 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 March 27, 1995. Question being taken, the motion was carried. 10. Zoning By-Law Amendment 253 MillidQe Avenue On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By-Law Number C.P. 100-360 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an approximate area of 1,150 square metres (12,375 square 85-102 COMMON COUNCIL FEBRUARY 6, 1995 feet) of land situated at 253 Millidge Avenue (NBGIC Number 41285), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. It was noted that item 12 concerns the same property and it was agreed to deal with that item following third reading of the by-law. The by-law entitled, "By-Law Number C.P. 100-360 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. 12. Subdivision 253 MillidQe Avenue On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted revised proposal, as well as to any required municipal services or utility easements with respect to 253 Millidge Avenue; (2) authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required work, including detailed servicing and drainage plans subject to the approval of the Engineering Department; and (3) accept a cash-in-lieu dedication for the required land for public purposes for the subdivision of the townhouse units. Question being taken, the motion was carried. 11. Zoning By-Law Amendment 1771 Old Black River Road On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-361 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning approximately 9.7 hectares (24 acres) of land situated at 1771 Old Black River Road (a portion of NBGIC Number 336834), from "RF" Rural to "RFM" Rural Mobile Home classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Responding to a query from Councillor M. Vincent as to whether any conditions to the re-zoning have been negotiated to protect the adjacent property owner, Mr. Bedford advised that the applicant indicated her intention to replace the mobile home with a permanent home. The by-law entitled, "By-Law Number C.P. 100-361 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. *11A. Request from Saint John District Labour Council and Local 771. I.A.F.F. to address Council re fire protection On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John District Labour Council requesting, with the International Association of Fire Fighters, Local 771, to appear during open session of Common Council to discuss the recent reductions in the level of fire protection in the City -- be received and filed and the request be granted. During discussion, the issue of whether the presentation will impact with the binding arbitration with Local 771 was broached. Mr. Totten noted that it would be appropriate to expect a written brief in advance of their appearance. Councillor Trites 85-103 COMMON COUNCIL FEBRUARY 6, 1995 suggested that the resolution be amended to provide that the presentation be subject to assurances that it would not interfere with the binding arbitration, however, following Mr. Rodgers comment that he is not aware of anything that will affect the proceedings already in place or that when it is made he does not believe it would be wise, at this point, to assume it is designed for that or that the presentation, or Council in dealing with the presentation, would do anything to interfere with the arbitration process and that he does not believe the amendment is necessary and that the original motion should stand. Question being taken, the motion was carried. 13. Elsie E. Wayne, Member of Parliament StandinQ Committee On Transportation Consideration was given to a letter from Elsie E. Wayne, MP, advising that the Standing Committee on Transportation has launched a comprehensive review of Canadian marine policy and is scheduled to start hearings in February, and that, as an Associate member of this Committee, she has been informed that travel plans are on hold pending the approval of a budget from Parliament; submitting a copy of her letter to the Chairman of the Committee, as well as the Terms of Reference; and urging Council to write to the Chairman strongly recommending that, if the Committee travels to Atlantic Canada, Saint John be one of the Cities in which meetings are held. On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that Deputy Mayor McAlary determine from the Saint John Port Corporation as to whether arrangements have been made for the Committee to have meetings in Saint John, and if not, extend an invitation asking that Saint John be considered as a site for hearings, and that copies be forwarded to Douglas Young, Minister of Transportation and Paul Zed, M.P. Deputy Mayor McAlary suggested that consideration also be given to making a presentation to the hearing in a co-ordinated effort with the Board of Trade, Enterprise Saint John and the Saint John Port Corporation. Question being taken, the motion was carried. 14. Saint John Chapter Canadian Citizenship Federation - Saint John FlaQ On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Eric L. Teed, Secretary of the Saint John Chapter of the Canadian Citizenship Federation, suggesting that it would be appropriate for persons in Saint John who become citizens and thereby are citizens of the City to receive a token from the City, and that the City's flag (crest) on a mounted stand would appear to be an excellent welcome to new citizens and would have a symbolism no other City could achieve -- be referred to the Deputy Mayor for a response. Deputy Mayor McAlary noted that each new citizen is presented with a lapel pin depicting the City Crest and a printed card containing an explanation of the crest when they are sworn in and expressed the opinion that this token is more useful than a flag. Question being taken, the motion was carried. 15. Douglas Steen Architect Ltd. Re-ZoninQ 40 CoburQ Street On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Douglas Steen Architect Ltd. for the re-zoning of 40 Coburg 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 March 13, 1995. 85-104 COMMON COUNCIL FEBRUARY 6, 1995 Question being taken, the motion was carried. 16. The YMCA-YWCA Of Saint John Funds For Annual SprinQ Conference On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from The YMCA- YWCA of Saint John requesting funds from the City of Saint John to assist it with the expenses related to putting together its Annual Spring Conference, to be held in Saint John on March 31, April 1 and 2 -- be referred to the City Manager. Question being taken, the motion was carried. 17. Royal United Services Institute Of New Brunswick - Assistance VE-Dav On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Royal United Services Institute of New Brunswick advising that, since the City will no doubt be involved in the 50th anniversary of the Victory in Europe - VE-Day, the celebrations for which will take place May 6, 7 and 8, it would like to acquire the participation and assistance of Mr. Ken Galbraith, the Public Affairs and Protocol Officer for the City; and asking Council's cooperation in this regard -- be referred to the City Manager to arrange with Mr. Galbraith for the requested assistance. Question being taken, the motion was carried. 18. Minister of Canadian Heritage National FlaQ Of Canada Anniversarv On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the correspondence from the Minister of Canadian Heritage regarding the 30th anniversary of the National Flag of Canada on February 15; and seeking the City's support in encouraging community-based celebrations that will involve as many Canadians as possible -- be referred to the City Manager for co-ordination of arrangements for the Mayor and members of Common Council to celebrate the event at 12 o'clock noon on February 15th and that the public be invited to attend. Question being taken, the motion was carried. 19. Design Art Signs For Xerox Canada Section 39 Amendment 400 Main Street On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Design Art Signs, for Xerox Canada, for an amendment to the Section 39 conditions of re-zoning of 400 Main 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 March 13, 1995. Question being taken, the motion was carried. 85-105 COMMON COUNCIL FEBRUARY 6, 1995 20. Cruise Saint John 1995 Cruise Ship Schedule On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Cruise Saint John expressing appreciation for the support of Common Council in approving funding for the activities of Cruise Saint John in 1995; and submitting a 1995 Cruise Ship Schedule for the Port of Saint John -- be received and filed. Question being taken, the motion was carried. 21. Seawood School Parents Group - Intersection Sand Cove Road/Bleurv Street/Seawood Lane On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Seawood School Parents Group thanking the City for its efforts at the intersection of Sand Cove Road, Bleury Street and Seawood Lane by the installation of a traffic island, lights and a stop sign and the addition of a crossing guard -- be received and filed. Question being taken, the motion was carried. 22. Saint John Congregation Of Jehovah's Witnesses - Re-ZoninQ 1169 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the application of the Saint John Congregation of Jehovah's Witnesses for the re-zoning of 1169 Manawagonish 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 March 27, 1995. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that this meeting be adjourned and that Council meet in Committee of the Whole. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk