1989-12-11_Minutes
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COMMON COUNCIL
DECEMBER 11, 1989
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the eleventh day of December, AD. 1989, at 4:00 o'clock p.m.
present
Elsie E. Wayne, Mayor
Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould,
Knibb, Rogers, A Vincent and M. Vincent
- and -
Messrs. G. Taylor, City Manager; N. Barfoot, Deputy City
Manager; C. Robichaud, Assistant City Manager - Operations; J.
Brown, Assistant City Manager - Development; F. Rodgers, City
Solicitor; D. Wilson, Commissioner of Finance; 1. Totten, Deputy
Commissioner of Finance; S. Armstrong, Director of Engineering;
W. D. Todd, Director Of Housing and Property Management; S.
Bedford, Director of Community Planning; R. McDevitt, Fire Chief;
D. Sherwood, Chief of Police; A Martin, Assistant Deputy Chief
of Police; and Mrs. M. Munford, Common Clerk; and Ms. C.
Joyce, Assistant Common Clerk.
Reverend John Dickinson of Lancaster Baptist Church offered the
opening prayer.
On motion of Councillor Flewwelling
Seconded by Councillor M. Vincent
RESOLVED that minutes of the
meeting of Common Council, held on December 4, 1989, be approved.
Question being taken, the motion was carried.
(Councillor Coughlan entered the meeting.)
On motion of Councillor Rogers
Seconded by Councillor M. Vincent
RESOLVED that the letter from
Councillor Rogers expressing the understanding that other municipalities in Canada
have in place a safe driver award program, and recommending that, in order to
increase public awareness of the need for safe and courteous driving habits, the City
Manager, in conjunction with the Police Department, investigate the possibility of
instituting a program to recognize those motorists who demonstrate courteous driving
habits -- be received and filed and the recommendation adopted.
Councillor Fitzpatrick asked that the Traffic Engineer review the need for
traffic lights on the Gilbert Street Overpass near the entrance to Rockwood Court
based on his understanding that, during a recent power failure, the morning traffic flow
involving the Throughway traffic was actually better without the lights working.
Question being taken, the motion was carried.
On motion of Councillor Coughlan
Seconded by Councillor Davis
RESOLVED that as recommended by the
City Manager, the tender for the supply of concrete pipe sections be awarded to the low
tenderer, L. E. Shaw Limited, at the bid price of $30,483.17, including Provincial taxes;
and that contract 89-17, M.R.G. retention tanks, be awarded to the low tenderer, Que-
Mar Construction (Maritimes) Limited, at the bid price of $23,000.00, and that the Mayor
and Common Clerk be authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
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DECEMBER 11, 1989
On motion of Councillor Rogers
Seconded by Councillor Davis
RESOLVED that as recommended by the
City Manager, money or a surety bond in the amount of $18,000.00 be accepted from
Gulf Operators as security to ensure the rehabilitation of the gravel pit at 1975
Manawagonish Road.
Question being taken, the motion was carried.
On motion of Councillor Coughlan
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, a Housing Through Infill Development Grant of $12,975.00 be
approved in favour of Mr. Corey Stephen relative to the construction of a single-family
home at 63 Mecklenburg Street.
Question being taken, the motion was carried.
On motion of Councillor M. Vincent
Seconded by Councillor Davis
RESOLVED that the report from the City
Manager regarding the letter to Council on December 4 concerning the International
Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, Local
73's proposal to construct its headquarters at 49 Linton Road; advising that the
Engineering Department estimates the cost of the required extensions and street
upgrading to be in the order of $23,500.00 and, in comparison, the developer has
proposed to carry out work with an estimated value of $19,000.00 with the cost
difference being the value of the concrete curb installation and a portion of the asphalt
paving; also advising that, if a cost sharing arrangement for the value of piping
materials is entertained by Council, pursuant to the provisions for cost sharing as
prescribed in the Subdivision By-Law, a reimbursement of approximately $5,500.00 is
anticipated; therefore, in the final analysis, given the municipal services and street are
developed to full standards and cost sharing is available, the net effect to the developer
is a positive one; further advising that, while cost sharing of piping material utilized in
extensions to municipal services cannot be facilitated by the existing policy due to the
nature of the development, Council has in the past approved cost sharing for the
extension and/or replacement of municipal services for commercial/retail development
and, similarly in this case, has the authority to approve such an arrangement; and
recommending that approval of the development of 49 Linton Road be conditional upon
the provision of full services, as directed by the Engineering Department and further
that cost sharing for the extension of services as determined by the provisions in the
Subdivision By-Law be approved -- be received and filed and the recommendation
adopted.
Question being taken, the motion was carried.
On motion of Councillor Rogers
Seconded by Councillor Flewwelling
RESOLVED that the report from the
City Manager regarding status of the Blair Construction Ltd. property at 152-156
Westmorland Road, which was the subject of discussion at Council's meeting of August
28, 1989; submitting a technical appendix detailing all matters pertaining to the non-
conforming use status of the subject site and buildings; advising that, as part of
developing this position, staff has met with the owner of the property during which time
the owner advised that the sale of the property is being pursued and that staff now
understands that Mr. Blair intends to ask for re-zoning of the property to permit a
development plan for the subject site rather than comply with the conditions staff has
recommended; also advising that, although the latest proposal is not entirely detailed at
this time, it has a degree of similarity with Plan E, which was presented to Council
during the August 14 meeting and which was acceptable to staff, the Planning Advisory
Committee and the area residents, but not to Mr. Blair; suggesting that, as the Legal
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Department has advised that this proposal is different from the previous application
which means an application could be considered by Council, sufficient time be provided
to Mr. Blair to prepare a detailed application and submit it to Council; and
recommending that, in receiving and filing this report, should no application for re-
zoning be received from Mr. Blair by January 3, 1990, staff be requested to develop
recommendations to Council with respect to the information contained within the
submitted appendix -- be received and filed and the recommendation adopted.
(Councillor Knibb entered the meeting.)
During discussion Mr. Bedford explained that, although staff was initially
prepared to recommend to Council that the City proceed immediately with the process
outlined in the submitted technical appendix, based on discussion with Mr. Blair, staff is
now recommending that Mr. Blair be given an opportunity to sell the property and come
forward with a proposal; however, if that is not the case, staff would submit to Council
in January a recommendation to apply conditions.
Question being taken, the motion was carried.
On motion of Councillor Rogers
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mrs.
Muriel Stevens of 24 Northumberland Avenue (copies of which were forwarded to
Council members as an information item) be added to the agenda of this meeting.
Question being taken, the motion was carried.
On motion of Councillor Rogers
Seconded by Councillor Coughlan
RESOLVED that the above letter from
Mrs. Muriel Stevens to the City Manager requesting a detailed report of his decisions
and recommendations concerning the long-standing problem with respect to 152-156
Westmorland Road -- be received and filed.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Flewwelling
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-190 A Law To Amend The Zoning By-Law Of The City Of
Saint John", by (1) adding a new Section 540(2)(b) to read "(b) Notwithstanding the
prohibitions in (a) a gas bar is permitted at 258 Union Street (including L.R.I.S.
Numbers 17574, 17558, 17541, 17533)."; and (2) renumbering the existing Section
540(2) to be 540(2)(a), be read a third time and enacted and the Common Corporate
Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-190 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.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that the by-law entitled, "A
By-Law To Amend A By-Law Respecting The Stopping Up and Closing Of Highways In
The City Of Saint John", with respect to the following portion of highway:-
JONES DRIVE (portion): All that certain lot place and parcel of land situate lying and
being in the City of Saint John in the County of Saint John and Province of New
Brunswick and shown on the Subdivision Plan prepared by The City of Saint John
Works Department dated Aug/69 entitled "Jones Drive Widening Including A Portion of
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Ashburn Road" and filed in the Saint John County Registry Office on February 5, 1970
as File 47 #139 and more particularly shown thereon as:
Beginning at a point on the south side of Hunter's Cove Road, said point being distant
227.5 feet eastwardly from the northwest corner of Lot 4A thence N 87055' E a
distance of 28.7 feet, thence N 75004' Wa distance of 66.95 feet thence S 2 40 15' W
to the northwest corner of Part 2 thence in a southwestwardly direction to the northwest
corner of Lot 3A thence northwardly and westwardly along the northeastern side of Lot
4A to the point of beginning.
The above described parcel of land being the most westwardly portion of Jones Drive
as shown on a subdivision plan prepared by Hughes Surveys Ltd. and filed in the
aforesaid Registry Office as File 42 #21.
- be read a third time and enacted and the Corporate Common Seal be affixed thereto.
The by-law entitled, "A By-Law To Amend A By-Law Respecting The
Stopping Up And Closing Of Highways In The City Of Saint John", was read in its
entirety.
Question being taken, the motion was carried.
Read 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 begs leave to report that it sat on December 4, 1989,
when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick,
Flewwelling, Gould, Knibb, Landers, Rogers and A. Vincent, and your Committee
submits the following recommendations, namely:-
1. That as recommended by the City Manager, the first and second levels
of the former Lipton Tea packaging warehouse consisting of approximately 6,000
square feet be leased to Ampal Pallets Inc. on a month-to-month basis, as long as it is
acceptable to the City, under the same terms and conditions approved by Common
Council resolution of October 10, 1989.
2. That a grant of $5,000.00 a year for five years, commencing in 1990, be
approved for the IWK Children's Hospital Capital Campaign which was the subject of a
presentation to Council in open session on October 23, 1989.
3. That Common Council resolution of July 7, 1986, pertaining to the policy
of performance pay and/or salary adjustments for department heads and other officials
which the Common Council has the power to appoint, be rescinded; and that the policy
as contained in Common Council resolution of October 6, 1980 be adopted as follows:
"That with the exception of department heads and other officials which the Common
Council has the power to appoint, the City Manager be authorized to set or change the
salary range of an individual employee within the aforementioned salary ranges".
4. That as recommended by the City Manager, Council approve a one-step
merit increment, effective September 1, 1989, for department heads and other officials
which Common Council has the power to appoint.
December 11, 1989,
Saint John, N.B.
Respectfully submitted,
(sgd.) Elsie E. Wayne,
C h air man.
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On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor A. Vincent
Seconded by Councillor M. Vincent
RESOLVED that section 2 of the
above report be adopted.
Councillor Knibb spoke in opposition to the above motion on the basis
that it is not right or proper for Council, as representatives of the citizens of Saint John,
to contribute an amount of $25,000.00 to an institution located out of the Province.
Question being taken, the motion was carried with Councillor Knibb
voting "nay".
On motion of Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that section 3 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that section 4 of the
above report be adopted.
During discussion Councillor A. Vincent asked why the position of Chief
of Police was not included on the list of positions submitted to Committee of the Whole
and expressed concern that the Chief of Police, if not considered a City employee, is a
member of the Pension Plan; and Mr. Rodgers explained that, under the Police Act, the
City of Saint John is the employer of the members of its Police Force and the members
of the Police Force are the employees of the municipality and for that reason there is
nothing improper about nor is there any violation with regard to what is taking place
with respect to the relationship between members of the Police Force and the City of
Saint John Pension Act; and also explained that, in accordance with the Police Act and
in view of the existence of the Saint John Board of Police Commissioners, the Board
appoints the Chief of Police and, while this is not adequate enough to indicate who
fixes the salary, the Police Act also indicates that the Chief of Police is to report to no
other body or person but the Board of Police Commissioners; thus, if there were no
Board, the Chief of Police would report to Common Council. Mr. Rodgers concluded
that, while the Board is in existence and the provision is in the Police Act, he cannot
see it making sense for anyone else to set the Chief of Police's salary except the Board
of Police Commissioners.
Question being taken, the motion was carried.
Consideration was given to the previous report from the Planning
Advisory Committee regarding the proposed Paul Chase Sub-division at 881 Sand
Cove Road, (which was considered by Council on October 10, 1989, and the subject of
a letter considered at Council's approval of proposal "A"); recommending that (1)
Council assent to one or more subdivision plans prepared in accordance with Proposal
"A" showing the widening of Keans Road, land for public purposes and municipal
services easement; (2) Council authorize the preparation and execution of
City/Developer subdivision agreement to ensure provisions of the required services;
and (3) the subdivision agreement include a clause requiring Development Officer's
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approval of a detailed site plan and driveway location for each dwelling.
On motion of Councillor Rogers
Seconded by Councillor Flewwelling
RESOLVED that the above matter be
laid on the table.
Councillor Rogers made the observation that, despite the previous
discussions with respect to the above matter, the residents of Sand Cove Road were
not informed that the report would be considered at this meeting; and the Mayor noted
that both the residents and Mr. Chase have been represented before Council, although
this is not a matter for a public hearing.
Question being taken, the tabling motion was carried with the Mayor and
Councillors Davis and Fitzpatrick voting "nay".
Mr. Rodgers questioned the reason for the above tabling motion on the
basis that the Procedure By-Law requires that Council state a reason for tabling a
matter, and explained that what was before Council at this meeting, as a result of a
combination of the letter from Mr. Chase's solicitor and a Planning Advisory Committee
recommendation, is a proposal referred to as Proposal "A" and that Council is
requested to assent to a plan dealing with land for public purposes and public streets,
and further that this matter is properly before Council on the basis that the Committee is
the body that has an obligation under the Community Planning Act to make
recommendations on land for public purposes and public streets. Mr. Rodgers made
the observation that, as this is the first time that this proposal is before Council wherein
both the developer and the Committee are asking Council to deal with proposal "A",
there is nothing else that is really appropriate or relevant to what Council is asked to do
and required to do under the Community Planning Act than what is before Council at
this time; therefore, Council is obligated to deal with this matter, having the right to
either approve or reject the Committee's recommendation, although reasons should be
stated if Council rejects same; and further that the matter before Council does not
require a public hearing under statute and is a straight application for assent to a plan
dealing with streets and land for public purposes with respect to Proposal "A" with
which the developer has requested Council to deal. The duration of the tabling motion
was questioned to which Councillor Rogers advised that it is the intent to table the
matter for one week for the purpose of staff contacting the developer and the area
residents and inviting them to address the matter at Council's next meeting. Councillor
Knibb made the observation that the new information in this regard is that Mr. Paul
Chase, the developer of the property, is now prepared to proceed with Proposal "A" in
spite of the rejection of variances, and suggested that Mr. B. Mosher, solicitor for the
developer, should be invited to explain why, when he previously would not, the
developer now accepts Proposal "A". It was noted that both the developer and the
area residents were represented at this meeting.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the above tabling
motion be rescinded.
The initial motion proposed by Councillor Knibb and seconded by
Councillor Coughlan was that the matter be taken from the table and Council now
consider the proposal on the condition that Council assents to hear both sides of the
matter. The Mayor proceeded to call the question on the motion whereupon Deputy
Mayor Gould rose to a point of order on the propriety of the motion on the basis that the
above tabling motion should be rescinded in order to open up the matter again for
discussion at this meeting, to which Mr. Rodgers expressed the opinion that the tabling
motion could be rescinded or the proposed motion proceeded with although the latter
action would require a two-thirds majority vote of the Council. The Mayor suggested to
the mover and seconder of the proposed motion that their motion be changed to
rescind the tabling motion.
Question being taken, the motion was lost with Councillors Davis,
Flewwelling, Gould, Rogers, A. Vincent and M. Vincent voting "nay".
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On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that staff be instructed to re-
submit the above matter to Council at its next meeting with an invitation to both sides to
speak to the matter.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the letter from The
Honourable Peter Trites, Minister of Housing, regarding Common Council resolution of
November 27, 1989 transferring the delivery of the Residential Rehabilitation
Assistance Program to the New Brunswick Housing Corporation, acknowledging the
contribution that the City's Housing Division has made in the administration of RRAP,
and expressing appreciation for the City's involvement in the delivery of this program --
be received and filed with appreciation.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the letter from Provincial-
Municipal Council Inc. submitting the Minister of Environment's response to a resolution
originating from Saint John to the Cities of New Brunswick Association and
subsequently to Provincial-Municipal Council Inc., requesting the province to give early
priority to controlling emissions from its own plants and ensuring that any Provincial
plants meet or exceed air quality standards; citing examples of the recent implementa-
tion of this approach to demonstrate the Department's commitment to improvement of
air emission control at publicly-owned facilities, and assuring that it is consistent with
the provincial requirements for private industry in New Brunswick as well -- be received
and filed.
Question being taken, the motion was carried.
On motion of Councillor A. Vincent
Seconded by Councillor Rogers
RESOLVED that the application of Irving
Oil Limited for a Zoning By-Law text amendment with respect to 350 Union Street be
referred to the Planning Advisory Committee for a report and recommendation and that
the necessary advertising be authorized in this regard, with the public hearing to be
held on January 29, 1990.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the application of Mr.
Peter J. Scholten for the re-zoning of 915 Red Head Road be referred to the Planning
Advisory Committee for a report and recommendation and that the necessary
advertising be authorized in this regard, with the public hearing to be held on January
29, 1990.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
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RESOLVED that the application of
Manford M. Thompson Construction Company Limited for the re-zoning of 1260
Manawagonish Road be referred to the Planning Advisory Committee for a report and
recommendation and that the necessary advertising be authorized in this regard, with
the public hearing to be held on January 29, 1990.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the applications of
Clearview Mobile Homes Ltd. for the re-zoning of (a) Lot 88-1 and (b) Lot 88-2 at 500
Westmorland Road be referred to the Planning Advisory Committee for a report and
recommendation and that the necessary advertising be authorized in this regard, with
the public hearings to be held on January 29, 1990.
Councillor M. Vincent asked that Council be provided with information,
including any legislation, with regard to mobile home parks.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk