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1997-01-20_Minutes 86-222 COMMON COUNCIL JANUARY 20, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of January, A.D. 1997, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, 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; J. Baird, Manager of Community Planning; 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 Captain Rod Brant Francis with the Church Army working in St. James Anglican Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on January 13, 1997, be approved. Question being taken, the motion was carried. * Added Item On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that a Committee of the Whole report of this date, concerning citizens on the Saint John Police Force Implementation Team, be added to the agenda of this meeting as item 5B. (Deputy Mayor Chase entered the meeting.) Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment To Re-Zone 159 KinQ Street East The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 159 King Street East (NBGIC Number 16444), from "RM-1F" Multiple Residentiallnfill to "IL-1" Neighbourhood Institutional classification, to permit the operation of a ten-bed group care facility (special care home) within the existing building, as requested by Ms. Brenda Carr 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 a Committee meeting at which the applicant spoke in support of her application to expand the special 86-223 COMMON COUNCIL JANUARY 20, 1997 care home to a ten-bed facility and indicated that, if conversion of the entire building to a ten-bed facility were not acceptable, she would like approval of a seven-bed facility which can be accommodated in the existing facility on the second floor, with the ground floor remaining as an apartment; and recommending that Common Council re-zone a parcel of land located at 159 King Street East (NBGIC Number 16444), from "RM-1F" Multiple Residentiallnfill to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the institutional use of the property to a group care facility licensed by the Province as a special care home for no more than seven adults. On motion of Councillor Knibb Seconded by Councillor Gould 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 159 King Street East (NBGIC Number 16444), from "RM-1F" Multiple Residentiallnfill 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. Councillor Brown, noting the current preparation of a neighbourhood plan for the South End and Planning staff's reference to this in the above-mentioned report, asked that the proposed re-zoning be delayed until this plan came forward. Councillor Waldschutz, speaking in support of the proposed re-zoning, expressed support for a ten-bed facility as requested by the applicant. Moved in amendment by Councillor Waldschutz Seconded by Councillor Gould RESOLVED that the condition pursuant to Section 39 of the Community Planning Act with regard to the above-proposed re-zoning be amended by raising the stipulated maximum to ten beds, subject to the approval of the inspection agencies concerned. In response to Councillor Vincent's request that the amendment be subject to the approval of the inspection agencies concerned on the basis that, while the Fire Department and Building Inspection staff may have been satisfied with the facility accommodating seven beds, they might have concern about ten beds from the life safety standpoint of those concerned, the mover and seconder of the proposed amendment agreed to add that the amendment be subject to the approval of the inspection agencies concerned. Councillor Gould suggested that Council should invite the applicant to speak at this time in the event she did not fully understand the procedure with respect to a public hearing of this nature, having declined the opportunity to speak in favour of the proposed re-zoning earlier in this meeting. On motion of Councillor Waldschutz Seconded by Councillor Arthurs RESOLVED that Ms. Brenda Carr, the applicant, be invited to address Council at this time. The Mayor noted the need for a two-thirds affirmative vote of Council in order to hear from Ms. Carr at this time in that the public hearing had concluded with no one having come forward to speak earlier in the meeting, as well as the need, if the above motion were adopted, to hear from other persons who may wish to speak in the above regard. Question being taken, the motion was carried with Deputy Mayor Chase voting "nay". Mr. Nugent clarified that hearing from Ms. Carr, and any other persons who may wish to speak as a result of her comments, was not a new public hearing but rather an opportunity for the applicant, who may have misunderstood the process, to speak. 86-224 COMMON COUNCIL JANUARY 20, 1997 Ms. Brenda Carr of 159 King Street East advised that there were seven beds available in the upstairs of the facility, and she lived in the downstairs and operated the facility, and also that she applied for a ten-bed facility, knowing she would have to make changes in order to upgrade the facility to ten beds and would also have to move out of the facility; however, there would have to be no changes made for seven beds. Councillor Trites, speaking in support of the Planning Advisory Committee's recommendation, asked if the vote on the amended motion would require more than a simple majority of Council where it was not in agreement with the Committee's recommendation, to which Mr. Nugent advised that, as the amendment did not involve the by-law, a simple majority of Council would be required to pass the amendment. Question being taken, the amendment to the motion was lost with the Mayor and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Knibb, Trites and Vincent voting "nay". Question being taken, the original motion was carried with Councillor Brown 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, insofar as it concerns re-zoning a parcel of land located at 159 King Street East (NBGIC Number 16444), from "RM-1F" Multiple Residentiallnfill 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 with Councillor Brown 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 Gould RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. 4(a) Section 39 Amendment To Conditions Of Re-ZoninQ 20 Prince Edward Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the proposal adopted by Council on May 8, 1972 pursuant to Section 39 of the Community Planning Act in conjunction with the "ID" Integrated Development zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number 18275), to permit two new signs on the exterior facade of the shopping centre to advertise H & R Block Canada Inc.'s new "Cash back" location in the building, as requested by H & R Block Canada Inc., and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at a Committee meeting at which Mr. Paul Fowler, District Manager of H & R Block Canada Inc., advised that he had no objection to the staff recommendation that only one of the two proposed signs be approved; and recommending that (1) the proposal, adopted by 86-225 COMMON COUNCIL JANUARY 20, 1997 Common Council on May 8, 1972 pursuant to Section 39 of the Community Planning Act in conjunction with the "ID" Integrated Development zoning of Prince Edward Square, being NBGIC Number 18275, be amended to permit one additional exterior sign, having a maximum sign area of 48 square feet and located on the side of the building facing the underground parking garage immediately to the right of the main entrance to the mall (former location of a 42.5-square-foot sign approved by Council on April 26, 1993 for Bargain Giant); and (2) approval not be given for the proposed 10- square-foot sign on the rear wall of the IGA Store adjacent to Union Street and facing Prince Charles School. Mr. Paul Fowler, District Manager of H & R Block Canada Inc., appeared in support of the proposed amendment and, having expressed agreement with the Planning Advisory Committee's recommendation, offered to respond to questions in this regard. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, (1) the proposal, adopted by Common Council on May 8, 1972 pursuant to Section 39 of the Community Planning Act in conjunction with the "ID" Integrated Development zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number 18275), be amended to permit one additional exterior sign, having a maximum sign area of 48 square feet and located on the side of the building facing the underground parking garage immediately to the right of the main entrance to the mall (former location of a 42.5-square-foot sign approved by Council on April 26, 1993 for Bargain Giant); and (2) approval not be given for the proposed 1 O-square-foot sign on the rear wall of the IGA Store adjacent to Union Street and facing Prince Charles School. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. 5. Mayor's Remarks Mayor McAlary commended those involved in the 1997 Chrysler AHL AII- Star Classic held in the City during the past week, and called for a motion to send a letter of thanks to Messrs. A. Miller of the Saint John Flames, M. Humes of the American Hockey League, and G. Thorne of Saint John Pro Sports. On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that a letter of thanks be forwarded to Messrs. A. Miller, M. Humes and G. Thorne for their involvement in the 1997 Chrysler AHL All-Star Classic. Question being taken, the motion was carried. The Mayor noted the signing, as of this date, of all labour contracts at Saint John Shipbuilding Ltd. which should mean that all unionized employees would be back to work in a few months; and called for a motion to send a letter of thanks to the members of the negotiating teams and management of the Shipyard in this regard. 86-226 COMMON COUNCIL JANUARY 20, 1997 On motion of Councillor Waldschutz Seconded by Councillor Arthurs RESOLVED that a letter be forwarded to the members of the negotiating teams and management of Saint John Shipbuilding Ltd. in the above regard. Question being taken, the motion was carried. The Mayor advised that a special meeting of Common Council would be held at 7:00 o'clock p.m., Thursday, January 23, 1997, for the purpose of considering the 1997 Operating and Capital Budgets for the General Fund and the Water and Sewerage Utility. *5B. Committee Of The Whole Report To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Saturday, January 18, 1997 when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Chief of Police, Council approve the submitted advertisement, as prepared by the Implementation Team, seeking representatives of the community to become members of the Team. January 20, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. Chief Sherwood advised his intent, with Council's approval, to send a facsimile on January 21 to all media outlets in the City and do an advertising campaign in the local newspaper with a closing date of January 28, 1997 at 4:30 p.m. *5B.1. Advertisement For Citizens On Saint John Police Force Implementation Team On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. SA. ParkinQ On Sewell Street On motion of Councillor Vincent Seconded by Councillor Arthurs RESOLVED that the letter from Mayor McAlary noting the lack of parking on Sewell Street, nearest to Harbour Station, and recommending that Council request staff to review this parking situation so as to allow parking between the hours of 6:00 p.m. and 1 :00 a.m. on at least one side of Sewell Street, which would be much more convenient for citizens attending events at Harbour Station -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 86-227 COMMON COUNCIL JANUARY 20, 1997 6. Tender For Contract 96-26 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, contract 96-26, Marsh Creek Wastewater Treatment Plant - replacement of mechanical components, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $286,200, 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. 7. Proposed Closure Of Portion Of HiQhway 820 (Ben Lomond Corner) On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager advising that, with the realignment by the Province of the intersection of Highways 820 and 111, a portion of Highway 820 was no longer required for public street purposes and, in fact, its closure would enhance the land buffer between the travelled portion of the street and Loch Lomond Lake as indicated on the submitted plan, and that the realignment also resulted in the need to vest a new portion of land as a public street; requesting Council's permission to close the abandoned portion of street and initiate a subdivision plan which would facilitate the vesting of the new portion of street; and recommending that Common Council: (1) authorize the advertising for the purpose of closing that portion of Highway 820 as generally shown as Parcels A & B on the submitted photo-reduced survey plan; (2) in the event that the street closing is completed, a plan of subdivision be authorized for the purpose of vesting land as a public street and the creation of lots comprising Parcels A & B with other City-owned lands; and (3) the Mayor and Common Clerk be authorized to execute all required documentation -- be received and filed and the recommendation adopted, with a further report to be prepared to facilitate the vesting of a public street upon completion of the subdivision plan. Question being taken, the motion was carried. 8. Resolution Re User Fees For Cities Of New Brunswick Association MeetinQ Read a report from the City Manager recommending adoption of the submitted resolution to be forwarded for discussion to the Cities of New Brunswick Association winter meeting for discussion. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the following resolution be adopted and forwarded for discussion to the Cities of New Brunswick Association winter meeting: WHEREAS all municipalities are faced with increasing costs associated with providing services to the citizens; and WHEREAS all municipalities are attempting to control the increase in the property tax rate; and WHEREAS user charges are a means by which the users of specific services are required to pay all or some of the costs of providing specific services; and WHEREAS the Province of New Brunswick is in the process of reviewing the 86-228 COMMON COUNCIL JANUARY 20, 1997 Municipalities Act: BE IT RESOLVED that the Province be asked to immediately amend the Municipalities Act to provide express authority to impose user charges to cover all or a portion of the costs of various services. Question being taken, the motion was carried. 9. Response To Saint John Construction Association Re Rockwood Park Golf Course ParkinQ Lot Improvements On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the report from the City Manager responding to the letter considered by Council on December 23, 1996 from the Saint John Construction Association with regard to work done by City forces at the Rockwood Park Golf Course -- be received and filed and a copy be forwarded to the Association. Question being taken, the motion was carried with Councillor Brown voting "nay". 10. 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 January 13, 1997 when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, (1) Common Council approve the revised Terms of Reference for Venue Saint John as submitted; (2) the Nominating Committee be requested to propose names of prospective candidates to fill the five Council-appointed positions on Venue Saint John; (3) the City Manager undertake the necessary action to have the sports and event marketing responsibility for Saint John transferred to Tourism and Communications, together with the appropriate budget as proposed; (4) the City Manager undertake the necessary action to reassign the Manager of Venue Saint John to a superintendent position in the Community Services Department, Recreation and Parks Division; and (5) Common Council amend the Establishment by deleting one position, that of Manager, Venue Saint John, and adding one position, that of Superintendent. January 20, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 10.1. Staffing Issues - Community Services (Venue Saint John) On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 86-229 COMMON COUNCIL JANUARY 20, 1997 11. Planning Advisory Committee Executive For 1997 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Planning Advisory Committee advising that the following Committee members were elected to the Executive for 1997: Donald Bonnell - Chairman; Michael Richard - Vice- Chairman; and Edward Keyes - Third Executive Member -- be received and filed and Council wish the Committee well in its endeavours. Question being taken, the motion was carried. 12. Mona Hayward In Appreciation Of Councillor Vincent's Commitment On motion of Councillor Waldschutz Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mrs. Mona Hayward in appreciation of Councillor Mel Vincent's fortitude and his continued commitment to the citizens of Saint John -- be received and filed. Question being taken, the motion was carried. 13. Saint John And Western District Crime Stoppers - Appreciation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Saint John and Western District Crime Stoppers expressing appreciation for Council's continued support -- be received and filed. Question being taken, the motion was carried. 14. W.R. Beatteay - Martello Tower On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Mr. W. R. Beatteay submitting a picture taken outside the Martello Tower some years ago when people came to see the changing of the guard; and expressing the view that Council was not making the most of an historic site -- be referred to the City Manager. Question being taken, the motion was carried. Adjournment On motion of Councillor Waldschutz Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 86-230 COMMON COUNCIL JANUARY 20, 1997 Common Clerk