1992-09-14_Minutes
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COMMON COUNCIL
SEPTEMBER 14,1992
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the fourteenth day of September, AD. 1992, at 7:00 o'clock
p.m.
present
Elsie E. Wayne, Mayor
Councillors Coughlan, Knibb, McAlary, Rogers and Trites
- and -
Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; J. C. MacKinnon,
Commissioner of Environment and Infrastructure Services; S.
Bedford, Commissioner of Development Services; 1. Totten,
Commissioner of Management Services; S. Armstrong, Director
of Engineering; M. Jamer, Director of Works; W. D. Todd,
Director of Housing and Property Management, D. O'Leary,
Director of Economic Development; J. Brownell, Director of
Recreation; R. McDevitt, Fire Chief; J. McNamee, Assistant
Deputy Police Chief; D. Logan, Purchasing Agent, J. Baird,
Manager - Development Division; B. Malone, Planner; P.
Asimakos, Planner; Mrs. M. Munford, Common Clerk; and Ms. L.
Linton, Secretary.
Reverend Philip Ward of St. Luke's Anglican Church offered the opening
prayer.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that minutes of the meeting
of Common Council, held on September 8, 1992, be approved.
Question being taken, the motion was carried.
Her Worship the Mayor proclaimed September 17 to be official Kick-Off
Day for the United Way Campaign in Saint John. Janet Holt, Chairman, accompanied
by Commander Eric Bramwell of the Canadian Frigate Program and Rick Marks, a
member of Local 771, Saint John Firefighters, extended an invitation to all citizens to
attend the Kick-off luncheon and expressed the need for support.
William Grant, Co-chairman of the Canducky Derby Committee and Vice-
chairman of St. Joseph's Hospital Foundation, accompanied by mascot Dr. Duck, noted
that the fund raising event held in support of St. Joseph's Hospital is scheduled for
September 26 at the Reversing Falls at 9:00 a.m.
Dr. R. N. Popat, Chairman of the Working Group on Multiculturalism and
Race Relations, addressed Council and referred to the study undertaken by his
Committee and the presentation he made to Council six months ago when he
presented twenty recommendations as to how to improve race relations in Saint John;
noted that throughout discussions with the public, education was continuously stressed
as the key to overcome racial intolerance; the Committee was particularly impressed
with presentations by several youths in the City and their profession that they needed
opportunities to openly discuss race relations in order to become aware of the
difficulties that some of the minorities may be facing in the City. Following the report to
Common Council, the students of Lorne Junior High School undertook a special project
on race relations and have presented to him a collection of their work in the form of an
album which he has been requested to present to Common Council. Her Worship the
Mayor expressed appreciation to the students of Lorne Junior High School and to the
Committee, and noted that the album will be available to Council and the public to view
and noted that the City Manager will be submitting a report and recommendations for
Council's consideration with regard to the Working Group's report on race relation.
Bob Dennis, Co-chairman of the Save VIA Rail Committee, addressed
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SEPTEMBER 14,1992
Council on the Committee's concerns in respect to the fact that Canadian Atlantic
Railways are considering abandoning the line from Saint John to Montreal over which
VIA operates its passenger service; the Vice President of Customer Services, Mr. Roy
Arnold asking what VIA would do if the line was to be cut, and was advised that it would
not be able to afford to operate the line or take it over; that it is possible a short line
operator would take it over but he feels due to the low volume of potential business on
the line would not be a feasible operation; and once again we are faced that VIA Rail
will no longer be operating into Saint John. Mr. Dennis outlined the procedure CP Rail
must follow in giving notice to the National Transportation Agency of such
abandonment, and asked for Council's support in re-activating the Save Via Rail
Committee to avoid the proposed rail line abandonment.
Tom Barron, staff representative for the Canadian Brotherhood of
Railway Transport and General Workers (CBRT & GW), expressed appreciation to
Mayor Wayne for the work she has done since 1990 with respect to the salvaging of
what remains of VIA Rail and freight services for Saint John; noted that since 1984
CNR and CP have abandoned over 1600 miles of rail line in Atlantic Canada and many
of the small communities suffer service problems today; and suggested that Saint John
will see the same kind of social and economic impact that occurred in Newfoundland
and Prince Edward Island when the rail lines were abandoned. He suggested that
Council should ascertain from the business community, including the port, the affect
such closure of this rail service would have in Saint John, and noted that since 1990
there has not been the same escalation of abandonment because of political pressure
and the same thing has to apply again.
Mayor Wayne thanked Messrs. Dennis and Barron and advised a
meeting is scheduled to be held in Sherbrooke, Quebec regarding rail line closures,
and invited Messrs. Dennis and Barron to accompany the delegation.
Deputy Mayor McAlary advised that she participated in the annual Toy
Run sponsored by the Harley Davidson owners group and the Blue Knights
Association; that they donated toys to the children who are ill at the Saint John
Regional Hospital and expressed appreciation to all the members who participated.
Councillor Rogers expressed best wishes for a speedy recovery to
Councillor Pat Landers on behalf of the members of Council.
Mayor Wayne noted that she has met with the Honourable Jane Barry
and the Honourable Laureen Jarrett with respect to the proposed closure of the Social
Welfare Appeals Board office in Saint John, and has been assured that the office will
remain.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that section 1 of the
Committee the Whole report of September 8, 1992 with respect to the Human
Resources Policy, and the report from the Planning Advisory Committee with respect to
1018 Sand Cove Road, be withdrawn from the agenda.
Question being taken, the motion was carried.
Her Worship the Mayor welcomed to the Council Chamber Elizabeth
Weir, MLA for Saint John South.
The Common Clerk advised that the necessary advertising was
completed with respect to a proposed Municipal Plan amendment to redesignate on
Schedule 2-A, the Future Land Use Plan, a parcel of land containing approximately 7.2
acres, fronting on Pokiok Road and Bridge Street, also having civic number 2 Pokiok
Road (NBGIC 40287), from Open Space to Light Industrial classification, to permit the
development of a fixed wharf on the St. John River and a small office for a marine
contracting company, as requested by Northern Marine Services Ltd., and that no
written objections were received in this regard.
Consideration was given to a report from the Planning Advisory
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SEPTEMBER 14,1992
Committee submitting a copy of the Planning Department's report considered at the
Committee's September 9 meeting; advising that the Committee first considered this
matter at its August 25 meeting at which the applicant was in attendance and objected
to having any of its land remain under the Open Space designation; that two area
residents were in attendance and objected to the proposed industrial use of the
property and the item was tabled to allow further discussion; that the Committee again
considered the matter at its September 9 meeting at which the applicant was present
and expressed agreement with the revised recommendation in the report that only the
lower portion be redesignated industrial and a process be initiated which would result in
the upper portion being redesignated and re-zoned to a residential category and the
Committee adopted Planning Department's recommendation; and recommending that
(a) the Municipal Development Plan be amended by redesignating on Schedule 2-A of
the Plan, from Open Space to Light Industrial, a parcel of land containing approximately
4.5 acres, fronting on Pokiok Road and Bridge Street, also having civic number 2
Pokiok Road (being a portion of NBGIC Number 40287), and (b) that Council authorize
the necessary advertisement to amend the Municipal Plan designation of the remainder
of the property to Low Density Residential and initiate the re-zoning of the same area to
an "RM-1" Three-Storey Multiple Residential zone.
Mr. Ralph Hatfield, of Northern Marine Services Ltd. appeared in support
of the application and advised that he will answer any questions Council may have in
this regard.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-Law" by redesignating on Schedule 2-A, the
Future Land Use Plan, a parcel of land containing approximately 4.5 acres, fronting on
Pokiok Road and Bridge Street, also having civic number 2 Pokiok Road (and being a
portion of NBGIC Number 40287) from Open Space to Light Industrial classification, be
read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-Law" by redesignating on Schedule 2-A, the
Future Land Use Plan, a parcel of land containing approximately 4.5 acres, fronting on
Pokiok Road and Bridge Street, also having civic number 2 Pokiok Road (and being a
portion of NBGIC Number 40287) from Open Space to Light Industrial classification, be
read a second time:
AND FURTHER that as recommended by the Planning Advisory
Committee, Council authorize the necessary advertisement to amend the Municipal
Plan designation of the remainder of the property to Low Density Residential; and
initiate the re-zoning of the same area to a "RM-1" Three-Storey Multiple Residential
zone.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the above report from
the Planning Advisory Committee be received and filed.
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SEPTEMBER 14,1992
The Common Clerk advised that the necessary advertising was
completed with respect to the proposed Zoning By-Law text amendment to amend
section 730(1)(a) by adding the words "-subject to Section 810(3), a home occupation",
to permit home occupations in the "P" Park zone in the same fashion that they are
permitted in most residential zones as requested by Richard Powell and Atsuko Nose,
and that no written objections were received in this regard.
Mr. J. Claude MacKinnon appeared in opposition to the proposed re-
zoning; advised that he owns property across the street from the subject property and
has no dispute with the development or with the home occupancy use, however, the
conditions allowing signs in the residential area across the street allows for a sign of .2
square meters, in "Park" zones the size of the sign that is allowed is 4.5 square metres
which is 7'x 7', which allows for signs for Rockwood Park and Cherry Brook Zoo and
things of that nature, but does not taken into consideration a home occupancy which is
abutting a residential area; that today the proponent was contacted and they agreed
that the sign would not be more than .2 square metres; and suggested the principle
should be that when home occupancies go into a zone, particularly when abutting
residential areas, they not be larger than that in a residential area; Mr. Bedford
concurred with the Mayor that this matter should be examined by the Planning
Department and an amendment made to the Zoning By-Law be brought to Council for
its consideration.
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of the Planning Department's report considered by the
Committee at its September 9 meeting at which the applicants were present and were
in agreement with the proposed recommendation; and recommending that Section 730
(1)(a) of the City of Saint John Zoning By-Law be amended by adding the words "-
subject to Section 810(3), a home occupation;".
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John by adding to Section 730(1)(a) the words "-
subject to Section 810(3), a home occupation;", be read a first time.
Responding to a query from Councillor Knibb, Mr. Bedford advised that
the amendment will provide for single family homes in a "Park" zone the same way as
single family homes in any other portion of the city; home occupations are controlled
through the Zoning By-Law so they won't negatively impact abutting houses.
Responding to Councillor Trites as to whether giving first and second readings at this
meeting would have any negative impact on ensuring that the sign size will be as in a
residential area, Mr. Bedford stated he will undertake to have a report and
recommendation for Council at the next meeting to amend that section of the by-law so
that any home occupation in a Park zone would have the small size sign, and noted
that a section 101 agreement to restrict the size of the sign would be appropriate and
would guarantee the restriction in this case.
Question being taken, the motion was carried.
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 Rogers
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John by adding to Section 730(1)(a) the words "-
subject to Section 810(3), a home occupation;", be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-Law of the City
of Saint John.
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SEPTEMBER 14,1992
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the above report from
the Planning Advisory Committee be received and filed.
Question being taken, the motion was carried.
Mr. Stirling Brown, spokesman for the Uptown Strategy Working Group,
comprised of Councillor D. Chase, Gary Safford, Charles McTague, JoAnn Claus, Bob
Boyce and Stephen Marshall, addressed Council regarding the results of the visioning
workshops held this past weekend; noted that his presentation is a brief overview which
accurately reflects the preliminary visions of the participants at the workshops; that the
Working Group sees this as one of the many steps in the visioning process which will
lead to the Working Groups development of a strategy for Uptown Saint John which will
be presented to Council for adoption; distributed copies of the preliminary vision
document which summarizes the work of the community forum on the future of Uptown
Saint John, held on September 11 and 12; reviewed the preliminary vision for Uptown
Saint John in five key areas, namely, economic, heritage/culture, residential, social
development and transportation with a suggested 90 day action plan; and Mr. Brown
advised that the Group has arranged to meet to refine the Vision, develop policies and
action plans, involve all stakeholders and provide reports to Council.
The Mayor noted that reference has been made to reports to Council,
and questioned whether they would be reports or recommendations for consideration
by Council, and Mr. Brown clarified that his Group is asking if Council wants reports on
what is happening at certain stages, which reports would contain recommendations.
Deputy Mayor McAlary referred to the vision for the residential area of Uptown and
questioned whether the Group has discussed the business mix and physical aspects
such as street improvements. Mr. Brown noted this report is a very brief summary of
110 pages of charts, and the Group requires time to compile the facts and that there
have to be guidelines for residential areas to protect investments. Councillor Knibb
commended the citizens and staff who participated at the workshop, and noted that it
was a very dynamic and exciting group. Councillor Rogers asked who will be taking the
information and disseminating it into a package and the cost of the project and was
advised by Mr. Brown that members of the Working Group assisted by staff of the
Planning Department and Uptown Saint John. Mayor Wayne advised that the total cost
of the project has been estimated at $100,000.
Mrs. Betty Huttges, Chairperson, Saint John Sports Hall of Fame
Committee presented the 1992 Final Report and advised that the organization has just
finished its sixth year and to date 32 individuals and four teams have been inducted;
their aim is to see that the inductees receive the recognition they deserve and their
accomplishments are enshrined for future generations; noted that a few changes were
made in 1992 and reported that the Saint John Sports Hall of Fame has a surplus of
$1,248.05, compared to a loss of $2,680.00 in 1991 and expressed appreciation to
Council, Mr. Brownell and the staff of the Recreation Department for their support. Her
Worship the Mayor expressed appreciation to the Committee and noted that it is hoped
to have an high profile area set aside in the Regional Exhibition Centre for a display of
the pictures which are presently hanging at the Lord Beaverbrook Rink.
The Mayor suggested that due to the absence of Councillor A. Vincent,
his letter requesting information on the Hay Management Consultants report should be
tabled. She noted that Council has been informed by the City Manager that such report
is to be received by the City by the end of September.
On motion of Councillor Coughlan
Seconded by Councillor Trites
RESOLVED that the letter from Councillor
A. Vincent regarding the study being undertaken by Hay Consultants be tabled.
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Question being taken, the tabling motion was carried.
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, Contract 92-20, pavement resurfacing, Provincially designated highways,
be awarded to Classic Construction Ltd., at the tendered price of $132,035.00, and that
the Mayor and Common Clerk be authorized to execute the necessary contract
documents.
The Mayor asked if it would be possible for City staff to cut the grass at
the on and off ramps of the Throughway on the west side; and Mr. Armstrong advised
he will discuss the matter with Mr. Robichaud. It was suggested that a meeting be
arranged with the Honourable Sheldon Lee in this regard.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that as recommended by the
City Manager, Contract 92-21, Phase 1 closure, Spruce Lake Landfill, be awarded to
Galbraith Construction Ltd., at the tendered price of $150,262.24, as calculated based
upon estimated quantities, and that the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of Choice Drywall, in the amount of $21,800.00 (all taxes
included), be accepted for miscellaneous renovations to the Beaconsfield Clubhouse,
North End Community Centre and Forest Glen Community Centre.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that as recommended by
the City Manager, the tender of Beattie Construction, in the amount of $47,958.00
(including all taxes), be accepted for structural renovations to the #8 Fire Station.
Question being taken, the motion was carried.
On motion of Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, the tender of Atlantic Building Contractors, in the amount of $35,230.00,
be accepted for the supply and installation of exterior insulation, metal siding, asphalt
roofing, replacement doors and windows, and other miscellaneous renovations to the
Rothesay Avenue maintenance garage and lumber storage shed.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that as recommended by
the City Manager, the tender of Gulf Operators Ltd., in the amount of $8,078.00, be
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COMMON COUNCIL
SEPTEMBER 14,1992
accepted for demolition of a three-storey wood frame structure located at 275-279 Main
Street (NBGIC Number 374439).
Question being taken, the motion was carried.
On motion of Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, the tender of John Balemans, in the amount of $15,515.00 (including all
taxes) be accepted for land clearing and debris removal from property located on
Stinson Drive in the Spruce Lake Industrial Park.
Mr. O'Leary advised his department plans to spend $100,000 on
improvements in the industrial parks and clear sixteen acres to create a better interest
in land sales. Councillor Trites suggested that communication should be made to the
Province with respect to improvement to infrastructure and the appearance of some of
the park lands and request the Department of Economic Development to include funds
in their upcoming budget to help the City improve the appearance of the parks and
make them more successful.
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 September 8, 1992,
when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould,
Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your
Committee submits the following recommendations, namely:-
2. That as recommended by the City Manager, the amount of $752.99,
incurred by LaTour Terrace Ltd. in connection with the City's acquisition of a portion of
their property on Union Street, be paid to the firm of Palmer, O'Connell, Leger,
Roderick, Glennie.
3. That as recommended by the City Manager, authority be granted for the
sale of property at 172-174 Wentworth Street, being the southern portion of Lot 930,
Dukes Ward (NBGIC Number 6510), to Sandra Lendorf for a price of $3,550 on the
condition it is consolidated with NBGIC Number 6395 to form one lot.
4. That as recommended by the City Manager, all tenders received for the
construction of Fire Stations #5 and #7 be rejected, and staff be authorized to negotiate
reductions to the low tender with Opron Maritimes Construction Ltd. and report to
Council as soon as possible.
September 14, 1992
Saint John, N.B.
Respectfully submitted,
(sgd.) Elsie E. Wayne,
C h air man.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Trites
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Seconded by Councillor McAlary
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 Trites
RESOLVED that section 4 of the above
report be adopted.
Mr. Todd advised that the low bid for the project was approximately
$600,000. higher than had been budgeted; it is proposed to reject all bids and staff be
authorized to negotiate with the low bidder in an attempt to bring the price more in line
with what has been approved by Council; the intent is to try and negotiate items that will
not effect the quality of the building or items that would diminish the functioning of the
stations in their ability to meet the needs of the Fire Department; it is hoped to have
these negotiations completed quickly and back to Council before the end of
September. The Mayor expressed her concerns with proceeding in the proposed
manner, and suggested the stations be re-designed and re-tendered and advised she
will be voting against the recommendation. Councillor Knibb noted that the City has
been advised by individuals experienced in construction that it has done the fair thing,
Opron came in with the lowest bid and the City is entitled to negotiate with them and to
return the bid deposits. Speaking in support of the resolution, Councillor Coughlan
noted that negotiating with the lowest bidder is a practise done in other government
circles and is worth exploring. Mr. Todd advised it is his plan to have a report and
recommendation prepared for Council within two weeks and if they are not successful
in bringing the price in line through changes staff feel are appropriate, a further
recommendation will be submitted to Council.
Question being taken, the motion was carried with Mayor Wayne voting
"nay".
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that as recommended by
the Planning Advisory Committee, (a) Common Council assent to one or more
subdivision plans showing one or more phases and prepared in accordance with the
submitted tentative plan with respect to the proposed extension of Ian Street,
temporary turnaround, and any required easements; (b) accept the sum of $3,060.00
as money-in-lieu of land for public purposes; and (c) authorize the preparation and
execution of a City/Developer subdivision agreement to ensure construction of the
proposed street, temporary turnaround, and the extension of municipal services and
public utilities to required standards.
Question being taken, the motion was carried.
Her Worship the Mayor explained the reason for withdrawing the letter
from the Planning Advisory Committee regarding a re-zoning application from Manford
Thompson Construction Ltd. and Lloyd Cathline for property at 1018 Sand Cove Road;
noting that due to the fact that it would be necessary for her to withdraw from the
meeting because she was not present for the public hearing there would be no quorum
to continue the meeting.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the letter from the
Marco Polo Project, submitting a letter of support from the Tourism Industry Association
of New Brunswick, be received and filed and that a copy be forwarded to the Minister of
Tourism.
Question being taken, the motion was carried.
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Her Worship the Mayor noted that at the recent meeting of the FCM in
Sydney, N.S., the Infrastructure Committee has a group of advisors who are all staff
people from different areas of Canada and that she has submitted the name of Murray
Jamer as a resource person to the Committee.
On motion of Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that Council approve of
Murray Jamer, Director of Works, acting as a resource advisor to the FCM Committee
on Infrastructure.
Question being taken, the motion was carried.
Her Worship the Mayor advised a subcommittee of the FCM
Transportation Committee has been established to look at the merger of Air Canada
and Canadian Air, to which she has been appointed.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk