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1998-03-23_Minutes 86-894 COMMON COUNCIL MARCH 23, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of March, A.D. 1998, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Vincent - and - Messrs. P. Woods, Deputy City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; D. Logan, Purchasing Agent; G. Bezanson, Heritage Officer; Mrs. G. Barker, By-Law Enforcement Officer; G. Tait, Fire Chief; C. Cogswell, Chief of Police; 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 Captain Rod Brantfrancis of the Church Army, St. James Anglican Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on March 16, 1998, be approved. Question being taken, the motion was carried. 3. Mayor's Remarks Mayor McAlary advised the dates, times and locations of the community open houses for the Transportation Study to be held March 24 through April 1, as well as a session for the trucking transportation industry representatives on March 31; and noted the Friends of Red Cross Mash Bash fund-raising casino and auction on March 28 at the HMCS Brunswicker. The Mayor thanked the sponsors of the Cities of New Brunswick Association Winter/Spring Session held in Saint John on March 20-21, as well as the City staff members who organized the conference, particularly Manager of Public Affairs Kenneth Galbraith; and advised that she and Deputy City Manager Patrick Woods would be on a committee to propose a way to implement user fees in the future for municipalities, in particular the fee for the collection and disposal of garbage. Condolences were expressed to the family of the late Mr. Donald Fox who passed away recently; and note was made of the forthcoming North American Short Track Speedskating Championship at the Lord Beaverbrook Rink. The Mayor asked Council's consideration at this time of item 18, the Saint John Transit Commission's 1997 Annual Report, and advised that the Commission would like to address Council in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the Saint John Transit Commission be invited to address Council at this time with regard to item 18. Question being taken, the motion was carried. 86-895 COMMON COUNCIL MARCH 23, 1998 18. Transit Commission 1997 Annual Report Mr. Peter Gaulton, Chairman; Murray Beesley, Michael Arbow, Andrew Britton, Frank McCarey and Wayne Thorne of the Saint John Transit Commission, were present at the meeting, and Mr. Gaulton, referring to the Commission's previously- submitted 1997 Annual Report, noted the 4.1 percent increase in ridership in 1997, a decrease by $53,000 in the operating subsidy last year, as well as the Benchmark Report included in the Annual Report, the idea of which was to show various operating statistics and financial figures for comparison with other cities comparable to the size of Saint John and also with the national average. Mr. Gaulton expressed appreciation to the City for providing capital funds to buy three new buses this coming year, as well as to the Transit Union for its contribution toward helping the Commission lower its operating cost by allowing the Commission to maintain service levels by changing work rules midway through a contract; and thanked the passengers of the Transit Commission buses for their approximately 2.4 million rides during the year, and Common Council for its continuing support. Mr. McCarey responded to questions about the Transit Commission's operation. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the 1997 Annual Report of the Saint John Transit Commission be received and filed with appreciation. Question being taken, the motion was carried. 4. Sidewalk Vendor Sites Auction Consideration was given to a letter from Councillor Waldschutz advising that, at the forthcoming annual sidewalk vendor sites auction on March 25, he would like deleted from the list of sidewalk vendor sites the two on King's Square for the reasons of money and aesthetics, as well as litter, obstruction to the sidewalks and the difficulty of enforcing hygiene and health standards at all sites; and asking that Council support, in order of his preference: cancellation of the auction indefinitely; or removal of the King's Square sites from the approved list; or imposition of a reserve or minimum bid of $4,500 at King's Square North and $1,000 at King's Square South. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the above letter from Councillor Waldschutz be received and filed. Councillor Trites advised that his motion to receive and file was because he had a problem with trying to do what was requested two days before the auction. Question being taken, the motion was carried. 4A. Production Of Two Feature-Length Movies StartinQ On March 31. 1998 Consideration was given to a letter from Councillor Ball advising of an opportunity, through Enterprise Saint John via Film NB, for the City of Saint John to be the site for the filming of two feature-length movies in 1998 - "In Self Defence" and "The Accountants", with preproduction to start on March 31; and recommending that, in light of the major opportunity that these film productions present to Saint John, it would be most helpful if the following arrangements could be put in place to everyone's satisfaction when required and that these items be referred to staff for review and a report brought back to Council: (a) appoint a staff member(s) to work in close cooperation with the film production team as it relates to all matters involving possible support from the various City departments; (b) allow temporary blocking of street areas and the use of City locations for film sites given proper notice to arrange for site availability if and when required; (c) inform the Chief of Police and Fire Chief to give 86-896 COMMON COUNCIL MARCH 23, 1998 attention to any requirements or requests for support that may be in order regarding public safety and security as it relates to the film productions and the citizens of Saint John; (d) offer services and gifts-in-kind at reasonable request with prior notice and as budget restraints may dictate; (e) allow staff members with specific abilities and talents to participate in filming sessions on a volunteer or remunerative basis without inordinate interference with responsibility to civic duties; and (f) bring to the attention of the various commissions, corporations and agencies affiliated with the City the valuable contributions they could make in support of these productions. On motion of Councillor Ball Seconded by Councillor Vincent RESOLVED that the above letter from Councillor Ball be received and filed. The Mayor noted that the motion to receive and file was not what Councillor Ball recommended in his letter, to which Councillor Ball replied that, in thinking this over on the weekend and realizing that the City had a $6 million reduction in its budget this year, it was the intent to find the $50,000 in services-in-kind. Question being taken, the motion was carried. 5. Tender For Asphaltic Concrete Mixes On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the tender of LaFarge Canada Ltd., as per the prices contained in the submitted summary of bids, be accepted for the supply of asphaltic concrete mixes for the 1998 maintenance season. Question being taken, the motion was carried. 6. Tender For Life Insurance On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of Clark Administrative Consultants, on behalf of The Co- Operators, be accepted for the provision of 29 paid-up life insurance policies for retired City of Saint John employees, with each policy having an individual value of $5,000, with a total cost of $48,337.80. Question being taken, the motion was carried. 7. Tender For Video Sewer Inspection On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the tender of Melanson's Waste Management Ltd., as per the prices included in the submitted summary of bids, be accepted for the provision of video sewer inspection services for a period of one year from the date of award by Council. Question being taken, the motion was carried. 86-897 COMMON COUNCIL MARCH 23, 1998 8. Easement For Encroachment Of DwellinQ At 86 Summit Drive Consideration was given to a report from the City Manager submitting correspondence from the Legal Department advising of a request from John Riley, solicitor for Mr. and Mrs. McCracken, for a grant of easement to permit the encroachment of their dwelling at 86 Summit Drive upon Summit Drive; and recommending adoption of the stated resolution. On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the sum of one dollar ($1.00), to execute a grant of easement in favour of Mr. and Mrs. James 1. McCracken to permit the encroachment of their dwelling at 86 Summit Drive upon Summit Drive, such easement to terminate with the destruction or removal of such encroachment, provided that Mr. and Mrs. McCracken for themselves, their heirs and assigns, relieve the City of all liability for any damage to the structure which may be caused by the City performing any work within the Summit Drive right-of-way. Question being taken, the motion was carried. 9. Easement For Encroachment Of BuildinQ At 100 Water Street Read a report from the City Manager submitting correspondence from the Legal Department advising of a request from J. George Byrne, solicitor for Integrated Pneumatics Limited, for a grant of easement to permit the encroachment of its building at 100 Water Street upon Water Street; and recommending adoption of the stated resolution. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the sum of one dollar ($1.00), to execute a grant of easement in favour of Integrated Pneumatics Limited to permit the encroachment of its building at 100 Water Street upon Water Street, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. 10. Tender For Traffic Paint On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Franklin Paint Co. Inc., of Franklin, MA., be accepted for the supply of traffic paint, in the amount of $32,964 in Canadian funds, delivered and all taxes included. Question being taken, the motion was carried. 11. Planning Advisory Committee's Authorization Of Development For A Temporarv Period Read a report from the City Solicitor responding as follows to two questions directed to him at the last meeting concerning the Planning Advisory Committee's (PAC) authorization of a development for a temporary period: (1) what recourse is available to Common Council to address the temporary one year permit option (granted by PAC)?; and (2) is a second twelve-month period able to be 86-898 COMMON COUNCIL MARCH 23, 1998 granted?: (1) when a planning advisory committee enjoys the authority in question, its exercise of it is subject only to the limitations set out in the Community Planning Act and is not subject to review on the merits by the municipality and the fact that a municipal council declines to re-zone a site and, in so doing, confirms a development as being prohibited by the Zoning By-Law does not diminish the PAC's authority to authorize such a development for a period of up to one year; thus Council's "recourse" would be to repeal Section 40 of the Zoning By-Law if, after complying with the procedural requirements, that was seen to be warranted; and (2) the Planning Advisory Committee does not have the authority to grant a second one-year authorization and, in fact, once the Committee exercises its authority under Section 40 it thereby exhausts that authority respecting the development in question and, to hold otherwise, would work a true usurpation of the municipality's power to control land use through the enactment of a Zoning By-Law; and concluding that the situation which gave rise to these two questions had an additional feature not reflected in the questions themselves; namely, that the use of the land in question was an existing use at the time that PAC was requested to authorize that use for a temporary period which raises further issues concerning the extent of the PAC's authority which he is pursuing and upon which he will subsequently report to Council. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above report from the City Solicitor be received and filed and Council await a further report. During discussion Mr. Nugent advised that, having gone back to at least 1973 in looking at the Community Planning Act, the language in the Act was the same then as it was today and, while he did not look at the Zoning By-Law itself, his recollection was that this arrangement has been in place for many years; and Mr. Baird advised that, while he could check that point from the various copies of the By-Laws previous to amalgamation, his initial recollection was that there has been that type of authority, with maybe slightly different wording, because at a similar time period to amalgamation there was a new Community Planning Act as well. Question being taken, the motion was carried. 12(a) Municipal Plan Amendment And (b) Re-ZoninQ 439 Prince Street West Consideration was given to third readings of a proposed Municipal Plan amendment and re-zoning of property at 439 Prince Street West, of which first and second readings were given at Council's last meeting. 26A. Home Harbour Estates' Request For Delay In Third Readings Of By-Law Amendments Re 439 Prince Street West Consideration was also given to a letter from C.A. (Chuck) Crawford, President of Home Harbour Estates, requesting that third readings of the above- mentioned amendments be delayed temporarily as there were still some engineering and financing issues to be resolved, and he would advise when he wishes Council to proceed with third readings. 12{a)&{b) On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that third readings of the proposed Municipal Plan amendment and the Zoning By-Law with regard to the property 439 Prince Street West be laid on the table as requested by the applicant. Question being taken, the tabling motion was carried. 86-899 COMMON COUNCIL MARCH 23, 1998 26A. On motion of Councillor Trites Seconded by Councillor Gould RESOLVED that the above letter from C.A. (Chuck) Crawford, President of Home Harbour Estates, be received and filed. Mr. Baird advised that the time limit for the proposed By-Law amendments would expire six months from the date of the first advertising, and the applicant anticipated resolving the issues before summer. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 13. Zoning By-Law Amendment To Re-Zone 1918 ManawaQonish Road On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "By-Law Number C.P. 100-461 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land with an area of approximately one acre and located at 1918 Manawagonish Road (NBGIC Number 403758), from "B-2" General Business to "1-1" Light Industrial classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the existing landscaped lawn area between the building and Manawagonish Road must be retained; (b) any outdoor storage must be located in the rear yard of the site within the existing fenced component; (c) the use of the property for any manufacturing use is permitted only under the following conditions: (i) the manufacture of products occurs within a building; and (ii) any new manufacturing process is approved by the Department of Health for on-site services or, alternatively, the property is connected to municipal sewers; and (d) the existing on-site sewage disposal system is protected and maintained in a manner which is acceptable to the N.B. Public Health Services Branch until such time as the site is connected to City sewers. The by-law entitled, "By-Law Number C.P. 100-461 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. 14. Zoning By-Law Text Amendment To Increase Application Fee On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "By-Law Number C.P. 100-462 A Law To Amend The Zoning By-Law Of The City Of Saint John", by amending Section 910(3)(a)(ii) by deleting '$200' and inserting '$400"', be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-462 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 with Councillor Brown voting "nay". 86-900 COMMON COUNCIL MARCH 23, 1998 15. Subdivision By-Law Amendment Re Fees On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number C.P. 120-1 A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", with regard to fees, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 120-1 A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillor Brown voting "nay". 16. Building By-Law Amendment Re Fees On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "By-Law Number C.P. 101-14 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", with regard to building permit fees, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 101-14 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillor Brown voting "nay". 17. 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 Monday, March 16, 1998, 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, Common Council amend its resolutions of August 18, 1997 and December 22, 1997 pertaining to the sale of Site "C", Chesley Drive, to Corporation 1906 Inc., as follows: (1) the closing date of the sale be extended to on or before July 31, 1998; (2) the purchase price be changed to $80,000 plus HST (if applicable) and related land transfer fees; (3) the real estate commission payable be changed to $6,400 plus HST; and (4) the compensation payable to the Urban Renewal Partnership be based upon the purchase price less an appropriate share of expenses. March 23, 1998, Respectfully submitted, (sgd.) Shirley McAlary, 86-901 COMMON COUNCIL MARCH 23, 1998 Saint John, N.B. C h air man. 17.1. Site "C". Chesley Drive On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above report be received and filed and the recommendation therein be adopted. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 19. Board Of Police Commissioners SerQeant-At-Arms At Council MeetinQs On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the letter from the Saint John Board of Police Commissioners advising that it passed a motion authorizing the Chief of Police or his designate to attend and act as Sergeant-At-Arms at Common Council meetings -- be received and filed with appreciation. Question being taken, the motion was carried. 20. Board Of Police Commissioners Use Of City Staff And Services On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the letter from the Saint John Board of Police Commissioners requesting that Common Council allow it to utilize the staff and services of the City's Human Resources Division and the City Solicitor's Office in dealing with any issue that may arise in the day-to-day operations of the Saint John Police Force -- be referred to the City Manager and the City Solicitor. Question being taken, the motion was carried. 21. Preservation Review Board - Preservation Areas By-Law Amendment On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Preservation Review Board advising that the Board's recent dealings with two applications for demolition have revealed an inadequacy in the Preservation Areas By- Law and prompts an amendment, and also that several other amendments that are of a housekeeping nature are proposed, such amendments having been tabled at the April 1, 1997 public hearing at which time a concern was raised over the use of the Multiple Listing Service and the Legal Department proposed trademark term refinements to the wording in several areas; setting out the proposed amendments, and recommending that Common Council authorize the necessary advertising and set a public hearing date for 7:00 o'clock p.m., Monday, April 27, 1998, for consideration of the proposed amendments to the Saint John Preservation Areas By-Law -- be received and filed and the recommendation adopted. It was suggested that Mr. Phillip Huggard, Chairman of the Preservation Review Board, who was present at the meeting, could be invited to address Council in the above regard, whereupon the Mayor noted that an affirmative two-thirds majority vote of Council would be required to do so, although Council could ask Mr. Bezanson to 86-902 COMMON COUNCIL MARCH 23, 1998 address the proposed amendments. During discussion the initial motion to authorize the necessary advertising and refer the matter to the Planning Advisory Committee was changed to that above upon Mr. Bezanson's observation that a referral to the Planning Advisory Committee was not required. (Councillor Fitzpatrick withdrew from the meeting during discussion in the above regard.) Question being taken, the motion was carried. 22. Senior Swingers Senior Citizens Club Re Previous Request For Seniors Advisorv Committee Consideration was given to a letter from Alice M. Howe, President of the Senior Swingers Senior Citizens Club, questioning the status of its request to Council on November 17, 1997 for the establishment of a seniors advisory committee, which was referred to the City Manager for study and a report to Council. The Mayor, having asked to relate some information to Council prior to a motion being made, advised that Mr. Woods indicated to her before this meeting that staff has had discussion with Mr. Gerry Burke of the New Brunswick Senior Citizens Federation and Mr. Gerry Hudson, Vice President of the Senior Citizens Club - the Loyalist Zone and, unofficially, it was felt that there was not a need for a seniors advisory committee since the role of the Senior Citizens Club - the Loyalist Zone was to act as an advisory committee; and also advised that Mrs. Howe, who is a representative and sits on the Saint John Senior Citizens Club - the Loyalist Zone, had not been informed until recently that there would be a meeting taking place on March 25 of City staff of the Recreation and Parks Division of the Community Services Department and the Senior Citizens Club - the Loyalist Zone. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from the Senior Swingers Senior Citizens Club following up on its letter to Council on November 17, 1997 -- be referred to the City Manager for a report on the March 25 meeting. Question being taken, the motion was carried. 23. Rally Of Hope - Request For City To ReQister Team/s On motion of Councillor Trites Seconded by Councillor Arthurs RESOLVED that the letter from the Saint John Regional Hospital Foundation's Rally of Hope requesting that the City of Saint John register one or more teams for the 1998 Rally of Hope to take place on July 11 at the Canada Games Stadium -- be referred to the City Manager for inclusion of the Rally of Hope's request in the next bulletin or newsletter to staff. Question being taken, the motion was carried. 24. The Roman Catholic Bishop Of Saint John - Zoning By-Law Amendment 42 Clarendon Street On motion of Councillor Trites Seconded by Councillor Arthurs RESOLVED that the application of The Roman Catholic Bishop of Saint John for the re-zoning of 42 Clarendon Street be referred to the 86-903 COMMON COUNCIL MARCH 23, 1998 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, April 27, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 25. Walter Peterson - Request To Be Hooked Up To CottaQe Road Water Line On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the letter from Walter Peterson of 230 Cottage Road requesting to be hooked up to the existing water line on Cottage Road -- be referred to the City Manager. Question being taken, the motion was carried. 26. GWE Group Inc. Further To March 9 Presentation To Council On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from P.L. (Len) Wolstenholme of GWE Group Inc. commenting further to his presentation to Council on March 9 with regard to banning animals in circuses, and thanking Council for the interest being taken in animal welfare -- be received and filed. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and a Committee of the Whole meeting of Council be held. Question being taken, the motion was carried. Common Clerk