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1989-11-27_Minutes 82-91 COMMON COUNCIL NOVEMBER 27,1989 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of November, AD. 1989, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A Vincent. - and - Messrs. G. Taylor, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; 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; S. Galbraith, Director of Supply and Services; W. Butler, Director of Water and Sewerage Services; R. McDevitt, Fire Chief; G. Tait, Deputy Chief of Police; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; Ms. Y. Huntington, Director of Tourism; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Mr. R. Anderson, Assistant Pastor of Crescent Valley Community Church, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on November 20, 1989, be approved. Question being taken, the motion was carried. (Councillor Coughlan entered the meeting.) Her Worship the Mayor expressed appreciation to NB Tel for the City's use of its float in the 1989 Grey Cup Parade, held in Toronto, Ontario, on November 25; commented on the plans for the Christmas Tree Lighting Ceremony to be held in King Square on December 1, as well as on the activities planned for December 2 for the uptown area of the City by the Saint John Central Business Development Corporation; and encouraged Saint John citizens to forward get well cards to 7-year old Craig Shergold of Lindsay, Ontario, who is dying of cancer and wishes to be named in the Guinness Book of Records as the recipient of 1 million get well cards. (Councillor Rogers entered the meeting.) Read a letter from Mayor Wayne quoting a statement from the submitted copy of an article recently published in The Evening Times-Globe newspaper about the Bi-Capitol project and stating that there is absolutely and unequivocally no truth to that statement whatsoever and that it reflects on the character of the City Manager and the Commissioner of Finance as well as her and is deserving of an apology publicly from Councillor Knibb; also stating that Mr. Taylor and/or Mr. Wilson did not at any time come to her office to ask what should be in the report on the Bi-Capitol or any of the reports included on the agenda; and asking that Councillor Knibb apologize to Mr. Taylor and Mr. Wilson as it is her understanding that Mr. Wilson did assist Mr. Taylor with the report. The Mayor asked Councillor Knibb to publicly retract his statements to the press, as they are totally erroneous and incorrect and an insult to both the City Manager and the Commissioner of Finance. 82-92 COMMON COUNCIL NOVEMBER 27,1989 Councillor Knibb questioned if the above request would be the wish of Council, as well as the Mayor's motive in placing this matter on the agenda; clarified that, when he makes the statement that he gets the feeling that it was not the City Manager doing it on his own, he certainly would not wish to make life more difficult for the City Manager and, while he did not refer to the Commissioner of Finance in his statement, likewise for him and any other of the senior staff, and unequivocally apologized to the City Manager and, if necessary, to the Commissioner of Finance, and concluded his comments by stating that he has not intention of making apology to the chair. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the above letter from the Mayor be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Councillor Rogers expressing concern that shopping in the uptown area of the City might be deterred by the extensive renovations at the City Market which is restricting parking in the area; referring to the Parking Perks program and the Christmas Save A Dime promotion being conducted by the Saint John Central Business Corporation in conjunction with the Saint John Parking Commission; and recommending that, in order to increase public awareness of these programs and the availability of parking in the uptown area during this busy season, the City Manager arrange to have a notice placed in the City's weekly newspaper advertising from now until the end of the year, including the location of parking sites -- be received and filed and the recommendation adopted, and that the matter of communicating the details of the Parking Perks program and the installation of two- to three-hour parking meters in the uptown area be referred to the City Manager and the Saint John Parking Commission. Councillor Landers asked that the provision of parking for disabled persons be reviewed; and Councillor Knibb suggested that the Parking Commission should be asked to have free parking in the normally metered areas in the uptown area during the Christmas season. Mr. Taylor advised that, between December 2 and 24, the Central Business Development Corporation, the Parking Commission, Brunswick Square and Market Square have arranged to publish twelve advertisements in the newspaper about the above-mentioned promotion and questioned the placement of additional advertising by the City at this time on the basis that the City should wait for the December 2-24 campaign and monitor its results. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Canterbury Street (C.B.D.) The Power Commission of the City of Saint John Ornamental street lighting Original estimated value of contract Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated November 22, 1989 $50,000.00 62,547.16 NIL NIL $62,547.16 Question being taken, the motion was carried. 82-93 COMMON COUNCIL NOVEMBER 27,1989 On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, contract 89-16, Dever Road storm sewer outfall ditch, be awarded to the low tenderer, Galbraith Construction Ltd., at the bid price of $15,279.00, 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 A. Vincent RESOLVED that the letter from the City Manager advising that, having removed a 1979 Caterpillar D7 Dozer from service in early October due to engine problems, mechanical staff of the Supply and Services Department, in conjunction with Universal Sales Ltd., determined that a complete engine overhaul was required at an estimated cost of approximately $10,000.00 to $12,000.00, subject to increase if, when it was dismantled, there were additional parts or labour required, and that, as this is a critical piece of equipment, Purchasing and Supply and Services staff recommended to the City Manager that the repairs be proceeded with at the estimated cost; also advising that, when the unit has been dismantled, it was found that additional repairs were necessary bringing the total cost of repairs to $15,325,13 plus tax which compares to a cost of approximately $25,000.00 for the supply and installation of a new engine; and recommending that the actions of staff be confirmed and the invoice of Universal Sales Ltd., in the amount of $15,325.13, plus tax, be approved for payment -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Kam-Air Mechanical Co. Ltd., in the amount of $31,000.00, be accepted for the replacement of condensors at the Simonds Centennial Arena. Councillor Coughlan asked why an independent consultant is engaged to review tenders on condensor replacement to which Mr. Todd replied that, due to the somewhat specialized design of the condensers, it is normal to hire outside consultants and that, although such work is divided among the consultants, in the case of mechanical consultants, there is only one firm in Saint John which does this type of work. Deputy Mayor Gould made the observation that, on the basis that re-calling the tender following a review of the September tendered prices which ranged from $41,000.00 to just over $57,000.00, resulted in tendered prices of between $31,000.00 to $48,850.00, all tenders should be so scrutinized thereby resulting in cost savings, to which Mr. Hanlon explained that minor modifications were made to the specifications in the second tender call which resulted in a slight reduction of prices tendered by two companies who has bid on the September tender and three of four additional companies tendering. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that the developers of the recently-approved Monte Cristo Park Subdivision on Gault Road wish to construct an entrance structure as indicated in the submitted sketch on the median strip which is within the right-of-way of the new Valentine Boulevard, which requires Council's approval as it is a structure proposed on a road allowance; also advising that, while the masonry construction proposed will 82-94 COMMON COUNCIL NOVEMBER 27,1989 reduce or eliminate maintenance, an energy charge of approximately $150.00 per year is expected for the lights on top of the structure as recommended by the Engineering Department; concluding that there is presently a similar brick structure at the entrance to Woodlawn Park Subdivision which has required little maintenance to date and that, in the event a traffic accident damages the structure, repairs will be the responsibility of the City; and recommending that the City permit the proposed entrance structure to be constructed on the median of Valentine Boulevard at Gault Road on condition that (1) the developer be fully responsible for all design and construction costs of the structure; (2) the design and specification of materials, including lighting fixtures, be approved by the Engineering Department prior to construction; (3) the City absorb the ongoing energy charges into its street lighting budget; and (4) no at-grade lighting be provided -- be received and filed and the recommendation be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that a second junk car clean-up will be carried out from December 4 to December 8, inclusive, and that citizens must come to the Building Inspector's Office and sign an authorization that a vehicle can be removed, with the authorizations subsequently forwarded to Loyalist Towing and the Police Department so that the vehicles can be removed to a junk yard by Loyalist Towing under Police supervision; also advising that the cost is $35.00 per vehicle and an estimated cost of $2,100.00 has been included in the operating budget -- be received and filed. Councillor Flewwelling expressed concern that, if there is no limit on the number of vehicles which could be removed from one location, the program could be costly if vehicles are removed from junk car operations, to which Mr. Johnson explained that, although a number of vehicles has been removed from a business and, with regard to the Mayor's question about whether or not the weather conditions would affect the program, advised that no problem is anticipated on the basis that vehicles should not as yet be frozen in. Question being taken, the motion was carried. Read a report from the City Manager submitting a summary of Scottish Enterprises Ltd.'s application for funding through the Housing Through Infill Development Program relative to construction of a six-unit apartment building at the corner of Adelaide and Metcalf Streets; advising that the estimated grant is $24,720.00 bringing the total H.I.D. approvals in 1989 to $162,270.00; and recommending approval of the grant. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, a Housing Through Infill Development grant of $24,720.00 be approved in favour of Scottish Enterprises Ltd. relative to the construction of 6 apartment units on the northeast corner of Metcalf and Adelaide Street. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager submitting a brochure entitled "Goals for Saint John: Planning for Progress...in Saint John, New Brunswick: which, next to the slide presentation, is the most effective way of communicating the vision of the City through the use of printed full-colour photographs, and is part of the strategic planning process approved by Council; and advising that this brochure is designed primarily for particular target audiences who may want to invest or expand their economic interests in Saint John and is expected to be used by business associations, key corporations within the 82-95 COMMON COUNCIL NOVEMBER 27,1989 community, government officials, developers and the Economic Development Department in selling Saint John as a location for new businesses to locate -- be received and filed. Councillor Coughlan suggested that the above brochures should be forwarded to the boards of trade and chambers of commerce in Canada. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the lowest tenders received meeting the specifications, terms and conditions of the tender, as indicated in the submitted bid summary, be accepted for the rental of various pieces of equipment on an as-and-when required basis to supplement the City fleet. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Wallace Equipment Ltd. be accepted for supplying a John Deere Model 770BH Motor Grader, at a cost of $124,728.00 plus tax, and that the Mayor and Common Clerk be authorized to execute a seven-year total cost agreement. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-189 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an approximately 13 acre portion of two lots fronting on Westmorland Road (L.R.I.S. Numbers 55061147 and 55061139) and located between the extension of Mark Drive and Major's Brook, from "SC" Shopping Centre to "1-2" Heavy Industrial classification, be read a third time and enacted and the corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-189 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Councillor Flewwelling expressed opposition to the above amendment on the basis that operations are being permitted outside of industrial parks in areas where there are shopping centres thereby detracting from the uptown core of the City. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". Read a 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 November 20, 1989, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 82-96 COMMON COUNCIL NOVEMBER 27,1989 1. That as recommended by the City Manager, the City advise the New Brunswick Housing Corporation of its intent to terminate its delivery of the Residential Rehabilitation Assistance Program effective April 30, 1990. 2. That as recommended by the City Manager, the RGL Developments Ltd. proposal for the development of site "D" - Water Street not be accepted and the Company be thanked for its interest, and further that the request of the Marco Polo Project for a twelve-month hold on development be rejected. 3. That as recommended by The Saint John Jeux Canada Games Foundation, Inc., Council confirm the re-appointment of Messrs. Patrick D. Darrah, Joseph E. Flynn and Norman E. Sinclair to the Board of Directors of the Foundation for a term ending December 31, 1991 and until their successors are appointed, and also confirm the appointment of Mr. James Morrell, Assistant Deputy Minister of Tourism, Recreation & Heritage, to the Board of Governors of the Foundation for the unexpired term of Mr. George Bouchard which would be until December 31, 1990 or until his successor is appointed. 4. That a letter be forwarded to The Honourable Gerald Merrithew, Federal Minister of Veterans Affairs; and The Honourable Roland Beaulieu, Provincial Minister of Tourism, Recreation and Heritage, stating that Council confirms that up to $1 million will be given to the Bi-Capitol Project on condition that all funding is in place. November 27, 1989, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Fitzpatrick RESOLVED that section 2 of the above report be adopted. Councillor Knibb expressed concern that the above motion could reflect negatively on the Marco Polo project in which the Province is interested and asked that, as indicated during discussion of the matter in Committee of the Whole, the above motion indicates that there will be no further call for proposals on the property until the spring. Mr. Todd replied that staff does not intend to call for proposals on the site and, in any event, Council's permission would be requested to do so. Question being taken, the motion was carried. On motion of Councillor A. Vincent 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 Rogers Seconded by Councillor Knibb RESOLVED that a letter be forwarded to The Honourable Gerald Merrithew, Federal Minister of Veterans Affairs; and The Honourable Roland Beaulieu, Provincial Minister of Tourism, Recreation and Heritage, stating that Council confirms that $1 million will be given to the Bi-Capitol Project on 82-97 COMMON COUNCIL NOVEMBER 27,1989 condition that all funding is in place. The motion initially proposed by Councillor Landers and seconded by Knibb was to adopt section 4 of the above report, and during discussion Councillor Rogers moved an amendment, which was seconded by Councillor Knibb, that the motion be to confirm $1 million, rather than up to $1 million, on the basis of Councillor Rogers' observation that, from her recollection, her motion in Committee of the Whole was to confirm $1 million, and the Mayor subsequently called for the question on the above-stated motion. Question being taken, the motion was carried with Councillor Davis voting "nay". On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the letter from Mr. J. Flynn, Chairman of the Major Tournament Committee, advising that the Committee feels that a civic centre is the last major facility the City requires to be competitive with other cities; expressing his own personal comments in this regard, and urging Common Council to appoint a committee which can secure the financing and supervise the construction of a civic centre and have this project go forward as quickly as possible -- be referred to the Nominating Committee to establish a committee to review the matter and submit a recommendation to Council. The initial motion proposed was to refer the matter to the City Manager, such motion subsequently changed with the consent of the mover and seconder when Councillor Coughlan suggested that, as the matter of a civic centre has been under discussion since 1972 and questions with regard to the design, site, operating costs and funding from the other levels of government and the private sector must be answered, it might be appropriate to refer the matter immediately to the Nominating Committee to establish a committee to review this matter and submit a recommendation to Council so that a decision can be made to, hopefully, proceed with the construction of such a facility. Councillor Rogers expressed concern about the appointment of another committee in this regard prior to Council's consideration of the 1990 operating budget on the basis that it could be frustrating to committee members to review and study the matter to find that Council does not accept their report. The Mayor advised that the Nominating Committee will not be meeting until after completion of the 1990 operating budget which will determine whether or not funding is in place for a civic centre. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor A. Vincent RESOLVED that the letter from the Saint John Preservation Review Board requesting Council to: (1) preserve granite curbs in streetscapes where they exist; (2) carefully store granite curbs that have been removed and keep them for future use; (3) reinstate over time granite curbs in designated preservation areas where they may have been removed; (4) establish a policy of planting boulevard grass and trees in residential areas and encourage maintenance by adjacent homeowners; and, based on the Board's understanding that City staff of several departments are taking steps toward a review of streetscape planning and design, advising that the Board would like one of its members to be involved -- be referred to the City Manager for consideration. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Garden Homes Holdings Inc. requesting to have the parking ban removed from Tartan Street -- be referred to the City Manager. 82-98 COMMON COUNCIL NOVEMBER 27,1989 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Margaret Sherman suggesting that, if lights are not being contemplated for the intersection of Coburg/Garden/Paddock Streets which is a very hazardous place to attempt to cross, signs could be placed on the right-hand side of Garden and Paddock Street advising motorists of pedestrians crossing and having the right of way in the crosswalks -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk