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1997-01-06_Minutes 86-211 COMMON COUNCIL JANUARY 6, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of January, A.D. 1997, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; G. Tait, Fire Chief; G. Ingraham, 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 McAlary called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on December 23, 1996, be approved. Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment To Re-Zone 30 Mountain Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 30 Mountain Road (NBGIC Number 309468), from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional classification, to permit the continued existence of a ten-bed group care facility (special care home) for senior citizens, as requested by Kevin Burnside and Janet Hebert, and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's December 10, 1996 meeting at which the applicant expressed agreement with the recommendation in the staff report; and recommending that Common Council re-zone a parcel of land located at 30 Mountain Road (NBGIC Number 309468), from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use to a group care facility licensed by the Province as a special care home for no more than ten adults. Ms. Janet Hebert of 7 Mountain Road appeared in support of her application, and offered to respond to questions in this regard. Mr. Garry Prosser, speaking in favour of the above application, explained that his interest in this issue was because of having a family member in the care facility in question; and expressed the view, based on his visits to the facility, that the facility fits 86-212 COMMON COUNCIL JANUARY 6, 1997 very well in the community with respect to vehicular traffic as there is usually only one vehicle in the driveway and most of the activities are inside because most of the residents are seniors. On motion of Councillor Knibb Seconded by Deputy Mayor Chase 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 at 30 Mountain Road (NBGIC Number 309468), from "R-2" One- and Two- Family Residential to "IL-1" Neighbourhood Institutional 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. On motion of Councillor Knibb Seconded by Councillor Ball 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 at 30 Mountain Road (NBGIC Number 309468), from "R-2" One- and Two- Family Residential to "IL-1" Neighbourhood Institutional 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 Vincent RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-Law Text Amendment Section 820(7), Yard AveraQinQ The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to add to Section 820(7) the following words at the end of paragraph (b): "for additions or renovations to existing buildings only, provided any addition or renovation does not reduce the existing front yard depth.", to restrict the front-yard averaging provisions of the Zoning By-Law to additions and renovations to existing buildings only, provided any addition or renovation does not reduce the existing front yard depth, as requested by the City of Saint John, and no written objections were received in this regard. 4{b) Consideration was given to the previous report from the Planning Advisory Committee submitted to Council on November 18, 1996, recommending the above-proposed amendment. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend 86-213 COMMON COUNCIL JANUARY 6, 1997 the Zoning By-Law of the City of Saint John, by adding to Section 820(7) the following words at the end of paragraph (b): "for additions or renovations to existing buildings only, provided any addition or renovation does not reduce the existing front yard depth.", be read a first time. Councillor Waldschutz spoke against the proposed amendment in that, in his opinion, there seemed to be no need for it as the status quo was working, and also that it would require a greater number of development applications to be reviewed by the Planning Advisory Committee which would slow the process. Question being taken, the motion was carried with Councillors Brown and Waldschutz voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding to Section 820(7) the following words at the end of paragraph (b): "for additions or renovations to existing buildings only, provided any addition or renovation does not reduce the existing front yard depth.", be read a second time. Question being taken, the motion was carried with Councillors Brown and Waldschutz voting "nay". 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 Vincent RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 5. Mayor's Remarks Mayor McAlary proclaimed January 1997 to be National Alzheimer Awareness Month in the City of Saint John; commended the organizing committee and participants of First Night Saint John held in the City on December 31; and, having commented on action anticipated and events scheduled to occur in the City in 1997, thanked the citizens who attended the New Year's levee on January 1. The Mayor advised that Mr. Keith Taylor of Perivale + Taylor met earlier this date with the Saint John Police Force Implementation Team, which includes Chief of Police David Sherwood as Chairman, Assistant Deputy Chiefs of Police Allen Bodechon and Brian Fillmore, CUPE Local 61 members David Parks, Stephen Patterson and Daniel Oram, and Commissioner of Human Resources Paul Groody. 6. Water & Sewerage Capital Projects Consideration was given to a report from the City Manager advising that, although typically work on the Water and Sewerage Capital Program does not begin until late spring or early summer, staff has identified two projets for approval now so the work can be completed in the winter so as to allow available City forces to work; and recommending approval of these two projects. On motion of Councillor Knibb Seconded by Councillor Trites 86-214 COMMON COUNCIL JANUARY 6, 1997 RESOLVED that as recommended by the City Manager, two projects: (1) brush cutting - pipeline roads and easements, and (2) major valve/pipe replacement, as described in the City Manager's submitted report dated January 2, 1997 at the estimated cost of $75,000 and $175,000 respectively, be approved as an addition to the 1997 Water and Sewerage Capital Program. Question being taken, the motion was carried. 7. Committee Of The Whole Report On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that item 7, being the Committee of the Whole report of December 16, 1996, regarding St. Croix Creations at the City Market, be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. 8. Committee Of The Whole Report Read the 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 December 23, 1996, when there were present Mayor McAlary and Councillors Arthurs, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council authorize: (1) the acquisition of any rights held by the owners of 62-64 Bentley Street (NBGIC 369157) to access the rear of their property by way of the right-of-way behind NBGIC Number 369140, for the sum of one (1) dollar plus legal, survey and other applicable fees related to this transaction, along with a quit claim deed for any interests held by the City in that portion of the right-of-way directly behind NBGIC Number 369157, as generally shown on the submitted plan; (2) the acquisition of any rights held by the owners of 66-68 Bentley Street (NBGIC Number 369165) to access the rear of their property by way of the right-of-way behind NBGIC Numbers 369157 and 369140, for the sum of one hundred (100) dollars plus legal and other applicable fees related to this transaction; and (3) the advertising for the purpose of closing Wilmot Street subject to: (i) the completion of the above transactions; and (ii) the completion of the sale of the City-owned lands fronting on Wilmot Street to the appropriate Irving company, as noted in Common Council resolution of November 18, 1996, approving the exchange of lands; and that the Mayor and Common Clerk be authorized to execute all required documentation. 2. That as recommended by the City Manager, Common Council authorize the granting of an easement of a width and area to be determined by the Director of Engineering, to Cheryl and Brian Boudreau for the purposes of installing and maintaining a water line to their home at 16 Connaught Avenue, for a fee of $1 subject to the following conditions: (a) the Boudreaus and future owners of the property restore the landscaping and chain link fence at their own costs before June 1, 1997; (b) the Boudreaus and future owners of the property be responsible for the restoration of the City property, should the need arise to excavate the water line for repairs or maintenance; and (c) the Boudreaus provide a letter of understanding that restoration work will have to be completed in the spring of 1997 and that funds will be available to pay for this work. 3. That the City Solicitor or his designate be authorized to file and proceed with an application for judicial review of the arbitration award of Douglas C. Stanley, dated November 27, 1996, dealing with a Saint John Policemen's Protective 86-215 COMMON COUNCIL JANUARY 6, 1997 Association, CUPE Local 61 grievance regarding vacation entitlement and sick leave accumulation. January 6, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 8.1. Acquisition Of Rights To Access 62-64 & 66-68 Bentley Street & Proposed ClosinQ Of Wilmot Street 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. 8.2. Request For Easement Glen Road - ConnauQht Avenue On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 8.3. Judicial Review Of Arbitration Award CUPE Local 61 Grievance On Vacation Entitlement And Sick Leave Accumulation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor Gould voting "nay". 9(a) Multicultural Association Of Saint John (b) Eric L. Teed - Re Three Sisters Lamp On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letters from (a) Multicultural Association of Saint John Inc. and (b) Mr. Eric L. Teed, expressing appreciation and congratulations to the City of Saint John for ensuring the maintenance and preservation of the Three Sisters Lamp -- be received and filed. Question being taken, the motion was carried. 10. Cities Of New Brunswick Association Deadline For Resolution Submission On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the memo from the Cities of New Brunswick Association advising of the January 17 deadline for submitting resolutions to the Association's 1997 Winter Meeting in Moncton on January 31 and February 1 -- be referred to the City Manager. 86-216 COMMON COUNCIL JANUARY 6, 1997 Question being taken, the motion was carried. 11. Stephen Sullivan - Application To Re-Zone 631 HardinQ Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Mr. Stephen Sullivan for the re-zoning of 631 Harding Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, February 17, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 12. Fundy Region Solid Waste Commission Appreciation For Support For Site Approval On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Fundy Region Solid Waste Commission noting Cabinet's approval for Crane Mountain as the site for an integrated solid waste management facility for the Fundy Region; and expressing appreciation for the City's support in this regard -- be received and filed. Question being taken, the motion was carried. 13. M. Patricia Donihee Re 410 Tactical FiQhter Squadron On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Ms. M. Patricia Donihee advising that the Commanding Officer of 410 Tactical Fighter Squadron, Lieutenant Colonel James Donihee, is of the belief that the Squadron he commands has historical ties to the City of Saint John that may go back to the Second World War and has an interest in making an official visit to Saint John in Mayor June of 1997, if indeed research bears out his belief and contingent upon the City's interest in receiving the Squadron in some official way; and asking for an opportunity to discuss any interest that the members of Common Council may have in this project -- be referred to the City Manager. Question being taken, the motion was carried. Adjournment On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk