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1996-05-21_Minutes 85-842 COMMON COUNCIL MAY 21,1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twenty-first day of May, AD. 1996, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Vincent - and - Messrs. 1. Totten, City Manager; J. Nugent, Acting City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; W. Edwards, Building Inspector; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that minutes of the meeting of Common Council, held on May 13, 1996, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary extended condolences to the family of the late Mr. Reginald Wanamaker who passed away on May 18; noted the forthcoming ACAP Saint John paint swap to be held on June 1; and advised that, further to Common Council resolution of April 29, 1996 supporting the Saint John Police Force in its request to host the Canadian Association of Chiefs of Police Annual Conference in the Year 2000, the Saint John Police Force was successful in its bid. The Mayor, a member of the Saint John Board of Police Commissioners, advised that the Saint John Board of Police Commissioners, having called for proposals for a review of the Saint John Police Force, has selected the firm of Perivale & Taylor as the Company to conduct the review which is anticipated to take approximately 90 days to complete and, as the review is completed, Council will obtain information in this regard through the Board. Councillor Vincent questioned the status of the City Manager's response to a letter considered at Council's last meeting from the Midwood Avenue & Area Concerned Citizens Committee, to which Mr. Totten advised that he would anticipate responding before the end of this week. Councillor Trites, noting the recent appearance of art work in the Fort Howe area, questioned the appropriateness of this in view of the historical significance of the Fort Howe site; and suggested that the people responsible for this should identify themselves to City personnel who could possibly suggest locations in which their art work could be displayed in a more positive manner. 85-843 COMMON COUNCIL MAY 21,1996 Mayor McAlary noted the Friends and Relatives Program of the City's Tourism and Communications Department, as well as the commencement of the Acadian Games on June 27. 5. Bv-Law Enforcement Read a letter from Councillor Brown regarding the manner in which by- law violations are handled in that, as elected officials, it is within Council's mandate to ensure that proper policies and procedures are in place to have an effective and efficient by-law enforcement system. On motion of Councillor Brown Seconded by Councillor Ball RESOLVED that the Legal Department review the authority for by-law enforcement with the applicable statutes, and report to Council with alternatives that will enable the Building Inspector's Office to carry out a more effective and efficient enforcement system. Councillor Knibb expressed opposition to the above motion on the basis that this was not a major issue before Council at this time. Question being taken, the motion was carried with Councillor Knibb voting "nay". 6. Task Force On Immigrant & RefuQee Settlement Renewal Consideration was given to a letter from Councillor Ball submitting, further to the support given by Council to the Task Force on Immigrant and Refugee Settlement Renewal, the recent report on the Settlement Renewal consultations held in Saint John in January, as well as a copy of an article on an important and telling study on immigrant population in American cities; and advising that the next and final consultations on settlement renewal are slated to happen sometime in June at which time he will reconvene the City Task Force on Immigrant and Settlement Renewal and seek Council's ongoing support on immigration matters. Councillor Ball, in commenting in the above regard, asked that a letter be forwarded on behalf of Council to the Federal Minister of Citizenship and Immigration, reinforcing the fact that the matter of settlement renewal is still very much in the consultation process and Saint John should be very high on the list for consideration, and emphasizing the fact that immigration support is needed in the City of Saint John. On motion of Councillor Ball Seconded by Councillor Arthurs RESOLVED that a letter be forwarded to the Federal Minister of Citizenship and Immigration in the above regard. Question being taken, the motion was carried. 4. Greater Saint John Healthy Community WorkinQ Group Re Healthv Community Project Consideration was given to a letter from Ms. Cherry A Thorne, Chair of the Saint John Healthy Community Working Group and Facility Administrator of the City Hospitals Region 2 Hospital Corporation, submitting a Discussion Guide with regard to the Greater Saint John Healthy Communities Project initiated by the Community Health Centre; advising the three goals of the Project, the four main strategies on which a healthy community depends, and the activities the Working Group plans to accomplish over the next four months to introduce the healthy community concept; and asking Council's participation in the Project, in particular, in the hosting of a special workshop involving local community leaders to review the Summary Report and assist in determining follow-up action. 85-844 COMMON COUNCIL MAY 21,1996 Ms. Monica Chaperlin, Director of the Community Health Centre -Region 2 Hospital Corporation, introduced Dr. Monir Taha, District Medical Health Officer, and they, in turn, addressed Council on the Healthy Community Project being undertaken by the Working Group, as outlined in the above correspondence. The Mayor thanked Ms. Chaperlin and Dr. Taha for their presentation. 7. Pre-Season Arena Use Consideration was given to a report from the City Manager advising that, further to Council's approval on April 29 of the rental to a single customer for a 22-day period in August of the Stu Hurley Arena for the operation of a hockey school, the Saint John Figure Skating Club has agreed to rent a minimum of 20 hours ice-time per week and administer the rental of an additional 10 hours; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council consent to enter into an agreement with the Saint John Figure Skating Club for the rental of the Stu Hurley Arena, under the terms outlined in the City Manager's submitted report dated May 21, 1996, and the Mayor and Common Clerk be authorized to execute all necessary documents. Question being taken, the motion was carried. 8. Tender For Contract 96-3 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, contract 96-3, Montreal Avenue water, sanitary sewer and storm sewer renewal, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $248,970, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 9. HIP Applications 10 To 16 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council approve the Housing Incentive Program applications and the Mayor and Common Clerk be authorized to execute the HIP agreements as follows:- HIP #10 - 051833 N.B. Ltd. for an estimated grant of $190,000 for the Mahogany Place Subdivision; HIP #11 - Bonney Construction Ltd. for an estimated grant of $9,600 for Martha Avenue; HIP #12 - Maber and Somerville Joint Venture Ltd. for an estimated grant of $80,000 for the Kennebecasis Bay Estates Subdivision; HIP #13 - Susan Fullerton for an estimated grant of $15,000 for 9-13 Chipman Hill, being understood that such approval neither implicitly nor explicitly obligates the City to approval of the Zoning By-Law amendment; HIP #14 - Mike Cavanagh Homes for an estimated grant of $11,200 for 14 Harding Street; HIP #15 - Stephen Fowler for an estimated grant of $19,200 for 688-765 Ian Street in Champlain Heights; and HIP #16- Sierra Supplies Ltd. for an estimated grant of $60,000 for Vista Ridge Estates in Forest Hills. Question being taken, the motion was carried. 85-845 COMMON COUNCIL MAY 21,1996 10. Water AQreement With IrvinQ Paper Inc. Consideration was given to a report from the City Manager advising that it is now necessary to make two amendments to the water agreement with Irving Paper Inc. approved by Council on April 10, 1995 as, although when the proposed agreement was taken to Council it was on the understanding that the consent letter would be forthcoming and there could be a signing of the agreement on April 30, 1995, the letter of consent has just been recently received; and recommending that Council agree to the amendments as stated. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council agree to the following amendments in the water agreement with Irving Paper Inc., approved by Council on April 10, 1995, and the Mayor and Common Clerk be authorized to sign the agreement on behalf of the City:- (1) clause 6 be amended to read "the closing date shall be on or before June 30, 1996. "; (2) clause 13 be amended by replacing the words "the date hereof" with "April 30, 1995."; and (3) a new clause 13(1) be added to read "On the signing of this agreement the Company shall pay to the City, in respect of water supplied to the Company by the City from the Little River Watershed, from May 1, 1995 to April 30, 1996, the sum of $77,190.00, and at closing the sum of $212.00 daily from May 1, 1996 until the date of closing.". Question being taken, the motion was carried. 11. Planning Advisory Committee Traffic Congestion - Harding Street/Fairville Boulevard Area Consideration was given to a report from the Planning Advisory Committee advising of its consideration on May 14 of a commercial development at 600 Fairville Boulevard at which time the Committee granted the necessary variances with a number of conditions and there was considerable discussion regarding the traffic improvements being undertaken along this portion of Fairville Boulevard and the Committee resolved to express its concerns to Common Council regarding the present offset of the connector from Harding Street with the existing commercial access from the K-Mart shopping centre on the opposite side of Fairville Boulevard; and submitting a recommendation in this regard. On motion of Deputy Mayor Chase Seconded by Councillor Gould RESOLVED that as recommended by the Planning Advisory Committee, Common Council request staff to initiate a process to address the relocation of the K-Mart entrance, signage and other related items to the safety of traffic circulation in the Harding Street/Fairville Boulevard area, and the community be kept informed. Councillor Knibb expressed the opinion that, as he has not been persuaded that there is a major problem in the above area, the situation should remain as it is. Question being taken, the motion was carried with Councillor Knibb voting "nay". 85-846 COMMON COUNCIL MAY 21,1996 12. Planning Advisory Committee Residential Development 45-49 Rock Street On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required work and facilities and authorize normal subdivision cost sharing for work outside of the proposed subdivision at 45-49 Rock Street; and (2) assent to any required municipal services or public utility easements for the proposed subdivision. Question being taken, the motion was carried. 13. Planning Advisory Committee Municipal Services Easement 650 Rothesav Avenue On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo- reduced subdivision plan with a municipal services easement at 650 Rothesay Avenue. Question being taken, the motion was carried. 14. Planning Advisory Committee Garden Suite 499 Summer Street West On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize an agreement with the owner of the property at 499 Summer Street West, pursuant to Section 101 of the Community Planning Act, to be registered in the Registry Office, to locate a second dwelling (garden suite) in the rear yard of the subject property, subject to the following conditions:- (1) the occupancy of the dwelling unit to be used only by the physically disabled person who currently owns the subject property; (2) the unit be removed when no longer needed by the present owner of the property; and (3) municipal services and public utilities be removed when no longer needed. Mr. MacKinnon responded to Councillor Brown's questions on the manner in which the garden suite would be taxed, as well as on how water charges would be billed and with respect to the policy for the location of garden suites. Question being taken, the motion was carried with Councillor Brown voting "nay". 15. Taco Pica Worker Co-Operative Ltd. Approval For Table & Chair Placement Councillor Knibb asked if Taco Pica's request to place tables and chairs on the sidewalk in front of its location on Germain Street should be referred to the City Manager, or if Council could grant permission at this time, to which the Mayor indicated that Council could grant permission. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from the Taco Pica Worker Co-Operative Ltd. asking permission to set four patio tables with five 85-847 COMMON COUNCIL MAY 21,1996 chairs each at the front of the Taco Pica Restaurant at 96 Germain Street, weather- permitting, starting this summer -- be received and permission be granted for Taco Pica Worker Co-Operative Ltd. to set up patio tables and chairs subject to consultation with City staff. The initial motion proposed was to grant permission of the above request and, in view of a concern that the number of tables and chairs proposed might block the sidewalk to pedestrian traffic, it was suggested that permission should be granted subject to consultation with City staff, and the motion was changed accordingly. Mr. Totten confirmed that, as indicated to the Mayor earlier this date, Council could approve the request if it so wished based on the Acting City Solicitor's review of how requests like this have been handled in the past; and suggested that, if there is a concern as to the numbers of tables and chairs, staff could speak to the owners and clarify this prior to Council giving final approval. Question being taken, the motion was carried. 16. City Market Merchants And Tenants Association On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from Helena Harvey informing Council of the formation of a City Market Merchants and Tenants Association -- be received and filed. It was suggested that, as there appears to be two Market Associations, these groups should be urged to join together to form one Association. Question being taken, the motion was carried. 17. Multicultural Association Of Saint John - City Market Operation On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from the Multicultural Association of Saint John advising its appreciation of the fact that the City Market operations are being maintained by the City as part of the City's heritage and that the Association will be pleased to see continued public operation of the City Market as a location where the City's multicultural heritage and present ethnic compensation can be freely demonstrated in the purchase and sale of commodities in the Market -- be received and filed. Question being taken, the motion was carried. 18. W. M. Land, Dynamic Construction Corp. Ltd. - Glen Falls Property On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the letter from W. M. Land of Dynamic Construction Corp. Ltd. advising that, further to Council's referral of the matter of the Dynamic Construction Corporation's problem to the City Manager for a decision, he has not been contacted by the City Manager, and that he hopes Council will arrive at a decision soon -- be received and filed. The initial motion proposed was to refer the above matter to the City Manager and the Acting City Solicitor, whereupon Mr. Totten noted Council's adoption of the position taken in his report to open session of Council on March 18, 1996 to the effect that the City has no liability on the issue, and advised that Mr. Land acknowledged to the Common Clerk earlier this date that he had received a copy of the subject report; therefore, it appears that Mr. Land does not agree with the City's 85-848 COMMON COUNCIL MAY 21,1996 position. Upon Mr. Totten's indication that nothing has changed since the March 18 Council meeting and Mr. Nugent's observation that, while he was not familiar with the background in this regard, if nothing has changed with respect to the facts, he would feel confident in saying that the legal position has not changed, the motion was changed accordingly. Question being taken, the motion was carried. 19. Lantic Sugar Limited Water Service To Renforth On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Lantic Sugar Limited advising of the attendance at an information session with regard to the proposed water pipeline to service a portion of the Village of Renforth, and urging Council to support the proposed project -- be received and filed. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk