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1998-01-05_Minutes 86-786 COMMON COUNCIL JANUARY 5, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifth day of January, A.D. 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, 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; C. Cogswell, Acting Chief of Police; R. Simonds, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend Doug Woods of Silver Falls United Church 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 22, 1997, be approved. Question being taken, the motion was carried. * Added Item The Mayor called for a motion to add to the agenda of this meeting from the Committee of the Whole agenda of this date the Nominating Committee recommendations under item 16. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the above item be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. 3. Uptown Saint John Inc. (a) 1998 Budget; (b) Business Improvement Levv Bv-Law Amendment The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of Uptown Saint John Inc. for Common Council's approval of a budget for the designated Business Improvement Area, which includes a special business improvement levy of 13 cents per $100 of assessment for 1998 on business property within the area as designated by Council, and no written objections were received in this regard. 86-787 COMMON COUNCIL JANUARY 5, 1998 ~ On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as requested by the Board of Directors of Uptown Saint John Inc., Common Council approve the 1998 budget for the Business Improvement Area as follows:- REVENUE Business Improvement Area Levy Employment grants Interest income Ornament revenue Cost recovery and fund raising Bad debts recovered Miscellaneous revenue Total Revenue $190,167 16,800 36,000 25,000 15,300 3,000 4.233 $290,500 EXPEN DITU RES Public Relations Urban Design & Planning Marketing Business Development Uptown & Around Administration & Office Total Expenditures $ 4,000 10,000 50,000 15,000 21,700 189,800 $290,500 Question being taken, the motion was carried. {Q} On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Business Improvement Levy By-Law be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Business Improvement Levy By-Law. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law to amend the Business Improvement Levy By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Business Improvement Levy By-Law. 4. Municipal Plan Amendment 439 Prince Street West Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a vacant parcel of land located at 439 Prince Street West (NBGIC Number 394924), having an area of 1.8 hectares (4.7 acres) and frontage on both Prince Street West and Lancaster Avenue, from Major Institutional to Low Density Residential classification, to permit the re-zoning of the former DVA Hospital property to a "TH" Townhouse zone, as requested by Home Harbour Estates. 86-788 COMMON COUNCIL JANUARY 5, 1998 5. Mavor's Remarks Mayor McAlary noted the success of First Night on December 31 which included a fireworks display sponsored by Irving Oil Ltd; and proclaimed the Year 1998 as St. Andrew's Society Year in the City of Saint John following which she presented the proclamation to Mr. Wallace MacMurray who addressed Council concerning events scheduled on the occasion of the 200th anniversary of the St. Andrew's Society. Mayor McAlary also proclaimed the first week in January as Naval Reserve Week, and January 1998 as Alzheimer's Awareness Month in the City of Saint John. 6. Sale Of City Land Near Fox Farm Road Consideration was given to a report from the City Manager advising of the Province's offer to purchase a portion of a 20.4-hectare parcel of land along the McKay Highway near the Fox Farm Road for the construction of an access road to the Department of Transportation facility; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council authorize the sale of a 1.679-hectare :t portion of NBGIC Number 297788, located along the McKay Highway near the Fox Farm Road as generally shown on the submitted plan, to the Province of New Brunswick for the purchase price of $1,067 plus the fee simple interest in Parcel Q, designated as NBGIC Number 296939, as per the terms and conditions set out in the submitted Agreement Of Purchase & Sale, and the Mayor and Common Clerk be authorized to execute any required documentation, including the Agreement of Purchase & Sale and subsequent deed. Question being taken, the motion was carried. 7. Amendment To December 8,1997 Council Resolution Re Acquisition Of CPR Spur Read a report from the City Manager recommending an amendment to Common Council resolution of December 8, 1997 regarding the purchase of discontinued railway spur located between Fairville Boulevard and Highway #1 West for the reason that, while the staff report in this regard indicated the agreed-upon price to be $12,700, the price should have read $14,700. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council amend its resolution of December 8, 1997 regarding the acquisition of the CPR Spur between Fairville Boulevard and the Throughway, whereby the purchase price is $14,700 plus $1,829 to cover the cost of survey work. Question being taken, the motion was carried. 8. Carnegie Building Lease Renewal Aitken Bicentennial Exhibition Centre On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the City of Saint John renew a 5-year lease with the Aitken Bicentennial Exhibition Centre Inc. for the Carnegie building for the period January 1, 1995 to December 31, 1999, on the same terms and conditions as the expired lease, and also 86-789 COMMON COUNCIL JANUARY 5, 1998 that the terms of an agreement entered into by the parties as of the 7th day of November 1989 be revised and incorporated in the lease, and the Mayor and Common Clerk be authorized to sign all related documents. Question being taken, the motion was carried. 9. Municipal Plan Amendment And Re-ZoninQ 650 Somerset 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 with respect to the submitted application of Loblaw Properties Ltd. regarding property at 650 Somerset Street have been completed, and the date for written objections expired on December 24, 1997, with a letter of concern having been received from Lafarge Canada Inc. on December 29, 1997. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the application of Loblaw Properties Ltd. for a Municipal Plan amendment and re-zoning of property at 650 Somerset 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 16, 1998 at 7:00 o'clock p.m. Question being taken, the motion was carried. 10. Zoning By-Law Amendment 169-171 St. GeorQe Street On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-455 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land containing approximately 50 feet of street frontage along St. George Street and a total area of approximately 5,000 square feet, known as 169-171 St. George Street (NBGIC Number 364786), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-455 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. 11. Minister Of Municipalities, Culture And HousinQ Re Reserve Fund ReQulation 97-145 On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from the Minister of Municipalities, Culture and Housing advising that Regulation 97-145 - Reserve Fund Regulation - Municipalities Act was filed on December 19, 1997 to come into force on January 1, 1998, and that this new Regulation would provide for consistency, clarity and ease of administration and provide municipalities with more ability to plan for future initiatives -- be received and filed. Mr. Beckett advised that Regulation 97-145 would have little impact on the City in that the City has not been heavily involved in allocations to reserve funds up to this point in time, although the flexibility provided by the new Regulation could be beneficial should the City be more involved in the future. Question being taken, the motion was carried. 86-790 COMMON COUNCIL JANUARY 5, 1998 12. Saint John Port Corporation Re Disbandment Of Ports Canada Police On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from Mr. Peter Turner, Harbour Master - Saint John Port Corporation, advising that the Saint John Detachment of the Ports Canada Police would be disbanded on December 27, 1997, and that the Port Corporation would require the Saint John City Police to assume the policing responsibilities for the Port properties, as previously agreed, commencing December 28, 1997 -- be received and filed. Question being taken, the motion was carried. 13. Speech Language Pathology Atlantic Health Sciences Corporation Re FundinQ For Public Libraries On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Margaret Melanson, Region Manager of Speech Language Pathology, Atlantic Health Sciences Corporation, on behalf of Speech-Language Pathologists on staff at the Saint John Regional Hospital, asking Council to make every effort to avoid a reduction in funding to public libraries -- be received and filed. Question being taken, the motion was carried. 14. Spectrum Enterprises Ltd. Re-ZoninQ 690 Somerset Street On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that the application of Spectrum Enterprises Ltd. for the re-zoning of property at 690 Somerset 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 16, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 15. Roy J. Marsden RecvclinQ Of Wood On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Roy J. Marsden suggesting that, to ensure the life span of the new landfill at Crane Mountain, it will be of the utmost importance to recycle old discarded wood and then offer it to the public for a small fee -- be referred to the Fundy Region Solid Waste Commission. Question being taken, the motion was carried. 86-791 COMMON COUNCIL JANUARY 5, 1998 *16. NominatinQ Committee Recommendations *16.1. Appointments To Saint John Free Public Librarv On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Nominating Committee, the following appointments be made to the Board of Commissioners of the Saint John Free Public Library for a term of three years effective January 1, 1998: Eileen Travis, Dr. James Smith, Starr Dashwood, Nicholas Barfoot, Douglas Spinney and David O'Brien. Question being taken, the motion was carried. *16.2. Appointments To Lord Beaverbrook Rink On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that as recommended by the Nominating Committee, Gordon A. Thorne and Rick Reynolds be appointed to the Board of Trustees of Lord Beaverbrook Rink at Saint John, Inc. for a term of three years effective January 1, 1998. Question being taken, the motion was carried. *16.3. Appointments To Saint John ParkinQ Commission On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Nominating Committee, Shelley G. Courser, Mike Brown and Diana Alexander be re- appointed to the Saint John Parking Commission for a term of three years. Question being taken, the motion was carried. *16.4. Appointments To PlanninQ Advisorv Committee On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Nominating Committee, the following appointments be made to the Planning Advisory Committee for a term of three years effective January 1, 1998: Brian J. Cunningham, Philip Hovey and Richard Lewis. Question being taken, the motion was carried. *16.5. Appointments To Preservation Review Board On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the Nominating Committee, Phillip Huggard, Lisa R. Tracey and Michael Wallace be re- appointed to the Preservation Review Board for a term of three years. Question being taken, the motion was carried. 86-792 COMMON COUNCIL JANUARY 5, 1998 *16.6. Appointments To Saint John Harbour BridQe Authoritv On motion of Deputy Mayor Chase Seconded by Councillor Gould RESOLVED that as recommended by the Nominating Committee, Edis Flewwelling and Owen Boyle be re-appointed to the Saint John Harbour Bridge Authority for a term of three years. Question being taken, the motion was carried. Adiournment The Mayor declared the meeting adjourned. Common Clerk