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1990-06-18_Minutes 82-440 COMMON COUNCIL JUNE 18, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of June, AD. 1990, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. G. Taylor; City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; S. Galbraith, Director of Supply and Services; R. Johnston, Deputy Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on June 11, 1990, be approved. Question being taken, the motion was carried. (Councillor A Vincent entered the meeting.) Her Worship the Mayor proclaimed June 24 to be the Best of Times in Saint John on behalf of amateur photographers who will be participating in the Tale of Two Cities Photography Contest between Saint John and Fredericton; and Councillor M. Vincent commented on his attendance earlier this date at the opening of the Loyalist Zone Senior Friendship Games at Brunswick Square. (Councillor Rogers entered the meeting.) On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 89-1, Concrete Work 1989 - Contract 1 Manatec Ltd. Original estimated value of contract Total work done, Estimate Number 7 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 7, dated June 13, 1990 Final holdback release $668,188.00 603,232.36 Nil 602,525.87 $ 706.49 2. Contract 89-17, M.R.G. Retention Tanks Que-Mar Construction (Maritimes) Limited Original estimated value of contract Total work done, Estimate Number 3 Retention $ 23,000.00 28,214.35 Nil 82-441 COMMON COUNCIL JUNE 18, 1990 Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated June 5, 1990 Final holdback release 23,982.20 $ 4,232.15 Question being taken, the motion was carried. Read a report from the City Manager advising that three tenders were received in response to the tender for the supply of butterfly valves for use by the Water and Sewerage Services Department and that, although N.L. Eldridge Ltd. also submitted a bid on a lower priced valve, it has not been included herein as this had not been previously approved as required in the City's specifications; and also advising that the total value of this contract is $21,512.85, plus tax, for which funds are available in the 1990 operating budget. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of McLennan Sales Ltd. be accepted for supplying 3 only 16" valves at a cost of $2,050.53 each, and 3 only 24" valves at $5,120.42 each. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Apex Machine Works Ltd., in the amount of $22,195, be accepted for the replacement of five overhead doors at three Municipal Operations locations as follows:- 1 at Rothesay Avenue, 2 at Grandview Avenue and 2 at Boars Head Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the tender of Wallace Equipment Ltd., at a cost of $130,510.27, plus tax, be accepted for supplying a John Deere Model 750 BL T Dozer, and that the Mayor and Common Clerk be authorized to execute a seven-year total cost agreement. (Rescinded August 7, 1990 Bk. 82 pg. 503 ) Councillor Knibb made the observation that, while the above tenderer submitted the lowest purchase price, its guaranteed total cost of repairs is only $1,000 compared to $95,000 and $42,000 submitted by Tractors & Equipment and Lounsbury Industrial, respectively; to which Mr. Hanlon, in noting that this is the first time the City has received a tender of this nature, explained that Wallace Equipment purchased a warranty program from John Deere in which the City would be responsible only for the $1,000 of repairs and Wallace Equipment would be responsible for all other repairs to any major component on the machine for the seven-year life of the machine. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager submitting a proposed amendment to the Traffic By-Law in response to the submitted letter from the Administrator of the Saint John Parking Commission requesting parking restrictions on Exmouth Street as part of an overall proposal to improve traffic operations on a narrow street, to provide off-street parking to meet a high demand by non-residents and to initiate a Residential Parking Permit Program for residents who may wish to participate; advising that the Pentecostal Church on Exmouth Street has informed the Commission that it is not pleased with the existing 82-442 COMMON COUNCIL JUNE 18, 1990 situation on the street because parked vehicles restrict access to the Church, and the Fire and Works Departments have confirmed some concerns over the existing situation for which a parking restriction would improve access by emergency and maintenance vehicles; and recommending that first and second readings be given to the proposed Traffic By-Law amendments and they be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. Mr. Armstrong asked that, should Council proceed with first and second readings at this meeting, third reading be delayed to provide an opportunity for the Parking Commission to finalize negotiations with the Pentecostal Church with respect to the administration of the lot. Councillor Coughlan suggested that, with regard to the fee for a residential parking permit, consideration should be given to issuing gratis one permit per residence so as not to penalize persons who are unable to park on their own property. Deputy Mayor Gould asked if staff is satisfied that there is adequate off- street parking for all permanent area residents to which Mr. Armstrong replied that surveys carried out by the Engineering Department and the Parking Commission both concluded that there is adequate off-street parking. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a second time: AND FURTHER that prior to third reading confirmation be given that adequate off-street parking exists on Exmouth Street. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". Consideration was given to a letter from the City Manager explaining that, further to Common Council resolution of May 7, 1990 regarding the transfer of land required for widening McAllister Drive and Westmorland Road, the Legal Department has advised that the subdivision plans are not yet completed and therefore the closing date should be extended from on or before May 30, 1990 to on or before August 31, 1990. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council resolution of May 7, 1990, concerning acquisition of land on Westmorland Road and McAllister Drive, be amended by changing the date for completion of the transaction from May 30, 1990 to August 31, 1990. Question being taken, the motion was carried. Read a letter from the City Manager explaining that, further to Common Council resolution of May 28, 1990 concerning the acquisition of property at 915 Red Head Road to remove an apparent encroachment of Red Head Road, an earlier plan of 82-443 COMMON COUNCIL JUNE 18, 1990 the property was found that showed that the apparent encroachment of the road had been removed when the lot was created in 1970, and that the Legal Department has advised that the resolution should be cancelled, and that the Engineering Department has advised that the error was made by the surveying company and its bill for the work will not be paid. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council resolution of May 28, 1990, concerning the acquisition of 60 square metres of land on Red Head Road from Peter and Wilhelmine Scholten, be rescinded. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to Council's June 11 consideration of a letter from Mr. James R. Connors requesting permission to temporarily locate a mobile home at 1369 Westfield Road, there is no objection to the short-term temporary location of a mobile home on this site if Council considers this situation one of hardship; however, Council and the applicant should be made aware of the necessity for the property to be re-zoned to allow the mobile home to remain longer than one year and the final result of this process cannot be predicted at this time; and recommending that this report be received and filed. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that a temporary permit be issued to Mr. James R. Connors to place a mobile home at 1369 Westfield Road for a period of one year. The initial motion proposed by Councillor Knibb and seconded by Councillor Fitzpatrick was to receive and file the above report as recommended, such motion subsequently withdrawn; and Councillor Rogers expressed concern that approval on a temporary basis oftentimes leads to permanent occupancy of the property by the mobile home and re-iterated her previous request for a report on the number of temporary permits issued for mobile homes and their status. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-206 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 1181 Latimer Lake Road (L.R.I.S. Number 333633), from "RS-1M" One- and Two-Family and Mobile Home Suburban Residential to "IL-1" Neighbourhood Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition restricting the use of the property to a church and requiring that the site be developed in accordance with a site plan approved by the Development Officer indicating the following:- properly graded and paved driveway; a parking lot for at least four cars with an all-weather dust-free surface properly graded to accommodate storm water runoff; and landscaping of front and side yards including the area between the driveway and side lot line. The by-law entitled, "By-Law Number C.P. 100-206 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. 82-444 COMMON COUNCIL JUNE 18, 1990 On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By- Law Number C.P. 100-207 A Law To Amend The Zoning By-Law Of The City Of Saint John", by amending Section 310(2)(c)(ii) to read: (ii) "notwithstanding (i) above, a parking area, located at 322 and 328 to 350 Union Street may be used for purposes of providing parking for uses which are not located and permitted in the same zone.", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-207 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. 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 June 11, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 2. That as recommended by the City Manager, the level of funding under the Greater Residential Housing Program for Brentwood Park Phase 4 be increased from $243,018.60 to $254,583.60. 3. That as recommended by the City Manager, Common Council authorize the necessary advertising to close that portion of Harrison Street upon which the property identified as L.R.I.S. Number 426122 encroaches. 4. That as recommended by the City Manager, Common Council resolution of May 28, 1990 relative to the land exchange with C.N.R. involving the Water Street, Station Street and Millidge Avenue properties, be amended by changing the date February 3, 1989 referred to therein to February 6, 1989. 6. That as recommended by the City Manager, Common Council approve a cost of living increase and adjustment to the salary scale of 4.5% for management (non-union) personnel, effective January 1, 1990. 7. That the letter from Mayor Wayne submitting a letter from The Honourable J. Raymond Frenette, Minister of Health and Community Services, regarding financial assistance for the purchase of a new ambulance for the City of Saint John, and asking that permission be granted to accept this offer by signing the letter and returning it to the Director of Ambulance Services, such financial assistance being a grant not to exceed the lesser of 50% of the net purchase cost of a new vehicle or $16,000 with the net purchase cost to be calculated by subtracting the proceeds from the sale of the ambulance being replaced from the total purchase cost, and subject to the conditions stated in the Minister's letter -- be received and filed and the offer be accepted. 8. That for the next year the Nominating Committee be comprised of Mayor Wayne, Deputy Mayor Gould and Councillors Knibb, Rogers and A. Vincent, and that for the following year the Nominating Committee be comprised of Mayor Wayne, Deputy Mayor Gould and Councillors Davis, Fitzpatrick and Flewwelling. 9. That Council approve the request of Saint John Central Business Development Corporation to place two signs in King Square to replace the existing sign and that the City Manager designate a City staff person to be responsible for the placement of community signs in the sign to be located on the south side of King 82-445 COMMON COUNCIL JUNE 18, 1990 Square. June 18, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. The Mayor called for a motion to withdraw from the agenda sections 1 and 5 of the above Committee of the Whole report respecting the Cruise Ship Committee's request for a financial contribution and participation in a syndicated television program, respectively. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that sections 1 and 5 of the above report be withdrawn from the agenda. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Councillor Fitzpatrick asked if Harrison Street is still in existence or if it is now Chesley Drive to which Mr. Rodgers replied that, by law, the street is still shown as Harrison Street and that Chesley Drive is a different-travelled portion; and Mr. Todd explained that, according to the Legal Department, the above-proposed action is the quickest way to be able to give clear title to the site in question and that staff does not anticipate that there will be further requests for closure of additional portions of Harrison Street. Councillor Knibb commended the Saint John Trojan Rugby Club for its maintenance of the lot in question. 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. Question being taken, the motion was carried with Deputy Mayor Gould and Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 6 of the above report be adopted. Mr. Taylor confirmed Councillor Coughlan's observation that the matter of long-service pay is being reviewed and the Mayor noted that provision for long- service pay is included in the collective agreements with the four civic unions. Question being taken, the motion was carried. On motion of Councillor M. Vincent 82-446 COMMON COUNCIL JUNE 18, 1990 Seconded by Councillor Gould RESOLVED that section 7 of the above report be adopted. The Mayor confirmed that acceptance of the Province's offer will take the form of her signature on a letter forwarded to her Office by the Minister, and discussion ensued regarding the lack of consistency in the Province for ambulance services in municipalities. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to one or more subdivision plans of the Stanley Gardens Ltd. subdivision at 295 Boars Head Road prepared in accordance with the submitted plan with respect to the land for public purposes (90-16); and (2) Common Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required services and to authorize cost sharing of piping materials outside the limits of the subdivision. Councillor Flewwelling asked if is the usual practice for the City to pay the difference between the cost of concrete curbing and the cost of asphalt curbing and the pad and its gravel base, to which Mr. Armstrong replied that provision is made for this in the Subdivision By-Law, although since its inclusion approximately fifteen years ago when the City was in the position of trying to encourage the use of concrete curbing, the departmental policy has been changed to require the use of concrete curbing on a standard basis, but the By-Law has not been amended accordingly; and explained that, while the City includes in its subdivision agreements a clause indicating that the curbing will be concrete and there will be no reimbursement, the developer in question has pointed out that the Subdivision By-Law does include such a provision; and further that, based on a previous appeal process involving a problem of this nature which resulted in the City being only allowed by Provincial legislation to insist on the installation of a storm sewer, in this instance the developer has agreed with the position taken by the City that the curbing actually forms a part of the storm sewer system and has recognized the necessity for the installation of the curbing, and the situation represents somewhat of a compromise. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, payments of $288 be accepted for each of the 5 lots as money in lieu of land for public purposes with respect to the Raymond Doyle Subdivision at 21-141 Range Road. 82-447 COMMON COUNCIL JUNE 18, 1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to a subdivision plan prepared in accordance with the submitted plan with respect to the 700 square metre (7534 square foot) widening of Champlain Drive. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee recommending that Section 25.1 (1) of the Subdivision By-Law, enacted on the 10th day of September 1979, be amended by deleting the word "only" and the word "solely", such amendment having been given first reading on May 28. On motion of Councillor Davis Seconded by Councillor Knibb RESOLVED that the by-law to amend the Subdivision By-Law of the City of Saint John, by deleting from Section 25.1 (1) the word "only" and the word "solely", be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Subdivision By-Law. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A By-Law To Amend A By-law Respecting The Subdivision Of Land Within The City Of Saint John", by deleting from Section 25.1 (1) the word "only" and the word "solely", 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 Subdivision Of Land Within 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 M. Vincent RESOLVED that the application of J. C. Gabriel for 037042 N.B. Inc. and Across The Street Ltd. for the re-zoning of property off Loch Lomond 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 Tuesday, September 4, 1990. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk