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1990-06-11_Minutes 82-425 COMMON COUNCIL JUNE 11, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eleventh day of June, AD. 1990, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers and M. Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager- Development; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; R. McDevitt, Fire Chief; C. Cogswell, Deputy Chief of Police; J. Johnson, Building Inspector; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Mel Norton of the Wesleyan Church 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 May 28, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber Sister Charlotte Vickers, Assistant Executive Director of Nursing, and Mrs. Patricia Darrah- MacFarlane, Director of Development, St. Joseph's Hospital, and Sister Vickers addressed Council concerning the Play Ball for St. Joseph's fund-raising event to be held on June 16. The Mayor read proclamations concerning the New Brunswick Ride For Sight Motorcycle fund-raising campaign which was held on the second weekend of June; the month of June being Thyroid Month in support of the Saint John Chapter of the Thyroid Foundation; and the week of June 11-15 being Hire A Student Week and Miss Josie Sullivan, Manager of Canada Employment Centre for Students, addressed Council respecting this program. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that a report from the City Manager (copies of which were forwarded to Council members as an information) concerning the Provincial Blasting Code be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 1181 Latimer Lake Road (L.R.I.S. Number 333633), from "RS-1 M" One- and Two-Family and Mobile Home Suburban Residential to "IL-1" Neighbourhood Institutional classification, to permit the property to be used for a church, as requested by Grace Baptist Church, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that (1) the Zoning By-Law C.P. 100 be amended by 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; and (2) the re-zoning be subject to a 82-426 COMMON COUNCIL JUNE 11, 1990 resolution pursuant to Section 39 of the Community Planning Act restricting the use 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. Dr. Jack P. Manly, Pastor of Grace Baptist Church, appeared in support of the application and advised that there is no provocation with respect to the recommendations of the Planning Advisory Committee. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-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, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. 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 M. Vincent RESOLVED that the by-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, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to amend 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.", to add 322 Union Street (L.R.I.S. Number 17632) to the existing Section 31 0(2)(c)(ii) which presently only includes 328 to 350 Union Street, as requested by Irving Oil Limited, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that Section 310(2)( c)(ii) of the City of Saint John Zoning By- Law be amended to read: (ii) "notwithstanding (i) above, a parking area, located at 322 and 328 to 350 Union Street may be used for the purposes of providing parking for uses which are not located and permitted in the same zone." 82-427 COMMON COUNCIL JUNE 11, 1990 Mr. Patrick Gillespie, Associate Counsel for Irving Oil Limited, appeared on behalf of the applicant and expressed agreement with the recommendation of the Planning Advisory Committee. In response to Councillor M. Vincent, Mr. Gillespie confirmed that no use, other than parking, will be made of the subject property. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-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 the purposes of providing parking for uses which are not located and permitted in the same zone.", be read a first time. 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 Flewwelling RESOLVED that the by-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 the purposes of providing parking for uses which are not located and permitted in the same zone.", 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. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor Wayne submitting a letter from The Canadian Dietetic Association requesting financial support for its 1991 National Conference to be held in Saint John on June 2 to 6, 1991 -- be referred to Committee of the Whole for consideration. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne recommending that, with regard to the recent statement attributed to Transportation Minister Sheldon Lee that he is seriously considering a more northern route for the Trans-Canada Highway, a strong message should be forwarded from Council to Premier McKenna and Transportation Minister Lee that Council does not support this move and asking that they take every step to have the Trans-Canada Highway routed through Canadian Forces Base Gagetown as originally proposed; advising that she has asked the Assistant City Manager of Development, John Brown, 82-428 COMMON COUNCIL JUNE 11, 1990 to make arrangements for the Mayor, the City Manager and Mr. Brown to have an immediate meeting in Fredericton with the Transportation Minister on this matter, and also recommending that Council should request a meeting with the local MLAs as soon as possible -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that the Provincial Committee on blasting, on which the Building Inspector represents the City, has reconvened with the first meeting held on May 4, and that, as industry involvement was needed, the Building Inspector met with local industry in order to obtain a more balanced result and, accordingly, Mr. Michael Whitford of Jacques, Whitford & Associates, Mr. Arno Deters of Canadian Geotechnical Construction Ltd., and Mr. John Wonnacott of Gulf Operators Ltd., will be participating in the preparation of the new blasting code; and also advising that the involvement of the construction community in the Committee's deliberations is consistent with the commitment of the Strategic Plan and other policy statements to ensure that by-laws exist to protect citizens but also reflect provisions which are not excessive -- be received and filed. Councillor M. Vincent asked that the Committee ensure that, at the very least, there is a mandatory obligation on any person doing blasting to make and serve public notice to the satisfaction of Common Council that the citizens of Saint John are aware that blasting is to take place, when and where, prior to it happening, and that Council has an adequate opportunity to review the proposed blasting by-law prior to final enactment. In response to Councillor Landers, Mr. Johnson advised that, currently, it is not necessary to obtain a permit to blast, which is one of the objects of the exercise being undertaken by the Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Maritime Limited - supply of asphalt May 30-June 5, 1990 $43,406.28 Councillor Coughlan proposed that, as in his opinion the recommendations in the City Manager's reports on the agenda of this meeting are operational and administrative concerns with which Council should be aware having had an opportunity to review the items prior to this meeting, Council should adopt the City Manager's recommendations in one motion on the basis of expediency; and Councillor M. Vincent expressed his willingness to second such a motion. Deputy Mayor Gould advised his preference to consider one item at a time, and the Mayor made the observation that there is a motion on the floor to deal with an invoice payment and called for the question. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Dominion Park StoraQe BuildinQ Erb Enterprises Ltd. Original estimated value of contract $32,500.00 82-429 COMMON COUNCIL JUNE 11, 1990 Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated June 4, 1990 Final holdback release 35,521.31 Nil 27,200.00 $ 8,321.31 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Grandview Avenue Works GaraQe LeRoy's Heating Services Ltd. Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated June 4, 1990 Final holdback release $13,800.00 17,258.69 Nil 14,669.89 $ 2,588.80 Mr. Todd, in response to Councillor Fitzpatrick, explained that, although the tender originally called was to replace one of the two heating systems in the building concerned, it was found during replacement that it would be beneficial to combine the two systems which resulted in additional cost and also in a more efficient system and that, in his opinion, it would not have been less costly to tender the second part of the work as the work was integrated. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Maritime Limited - supply of asphalt May 23-29, 1990 $23,904.73 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, money or a surety bond in the amount of $234,000 be accepted from Galbraith Construction Limited as security to ensure the rehabilitation of the gravel pit located at 395 Manchester Avenue. During discussion Mr. Johnson confirmed that, while the above pit was the subject of objection in the late 1970s and early 1980s on the basis that the Engineering Department considered it too low from what is now the current floor, the matter has since been reviewed and there is now no problem, and advised that, based on the Engineering Department's calculation, the amount of the bond last year for the subject pit was approximately $81,000, and that the above amount was calculated by the Building and Technical Inspection Services Department based on consistent methodology and, while in most instances amounts similar to the Engineering Department's calculations are concluded, in this case the amounts are much different which could be related to existing slopes in the pit which may not have been covered in last year's review but are being covered this year. 82-430 COMMON COUNCIL JUNE 11, 1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, money or a surety bond in the amount of $18,000 be accepted from Gulf Operators Limited as security to ensure the rehabilitation of the gravel pit located at 1975 Manawagonish Road. In response to Councillor Landers, Mr. Johnson advised that, of the approximate 50 gravel pits in the City, somewhat less than 20 are active from time to time and that staff is working toward having pits rehabilitated. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, money or a surety bond in the amount of $6,000 be accepted from Gulf Operators Limited as security to ensure the rehabilitation of the gravel pit located at 990 Grandview Avenue. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, money or a surety bond in the amount of $26,500 be accepted from Gulf Operators Limited as security to ensure the rehabilitation of the gravel pit located at 1651 Sand Cove Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, contract 90-4, Shamrock Park tennis courts rehabilitation, be awarded to the low tenderer, Maine Tennis Courts Inc., at the bid price of $82,915, 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 Gould RESOLVED that as recommended by the City Manager, contract 90-5, Ready Street and Grandview Avenue areas sewer construction, be awarded to the low tenderer, QM Construction Limited, at the bid price of $167,242, 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 Gould RESOLVED that as recommended by the City Manager, contract 90-6, watermain and sewermain renewal - Charlotte Street West and Ludlow Street, be awarded to the low tenderer, Galbraith Construction Limited, at the bid price of $234,114, and that the Mayor and Common Clerk be authorized to 82-431 COMMON COUNCIL JUNE 11, 1990 execute the necessary contract documents. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that Fundy Resources, the successful tenderer for the operation of a canteen concession at Mispec Park, was not open for business on the weekend of June 3 in accordance with the terms of the agreement, and has since advised that it will be unable to perform this service; and also advising that the Purchasing Agent and the Director of Recreation have discussed this matter and, as the City's primary concern is to provide a service to the public using the Mispec facility, have met with Mr. Cyrus Hajizadeh of Atlantic Tax Service who has agreed to operate the concession as per his tender of $675, this company being the only other tenderer for the concession. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the contract for the canteen concession at Mispec Park awarded to Fundy Resources be cancelled due to non-performance and that Atlantic Tax Service be engaged to operate the concession at a fee of $675. Question being taken, the motion was carried. Read a report from the City Manager submitting a copy of a letter of June 5, 1990 from Mr. Michael W. Murphy of Cones Ice-Cream Ltd., requesting authorization to open his kiosk on the boardwalk of Market Square from June 12, 1990 until September 15, 1990 and that his rent remain the same as last year being $100 per month and $50 for the second half of June and $50 for the first half of September, and asking if it would be possible to have a separate telephone business line installed in the Little Red School House as the tourist information centre has been moved there from the Tugboat to which he had a telephone hook-up in past years. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council approve: (1) a rental rate of $100 a month or any part thereof to Cone's Ice-Cream Ltd. to operate from the Loyalist Plaza area; (2) the facility open from June 12 to September 15 for the year 1990; and (3) Common Council approve the use of a wireless telephone with the base telephone being in the Little Red School House. Councillor Flewwelling expressed the opinion that other persons should be given an opportunity to bid for the operation of a concession on City-owned land and that, as the above Company did not remove its building after its first year of operation as was the intent, the operation has been allowed to continue. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". Read a letter from the City Manager submitting a copy of the Planning Advisory Committee's previous report to Council, which was tabled on March 12, regarding a subdivision plan of 330 McAllister Drive, and recommending that, as Council on May 7 agreed to purchase the land required for the widening of McAllister Drive, the Committee's recommendation now be taken from the table and adopted by Council. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the above matter be taken from the table: AND FURTHER that as recommended by the Planning Advisory Committee, Common Council assent to a subdivision plan of which a photo-reduction is 82-432 COMMON COUNCIL JUNE 11, 1990 submitted showing a 339 square metre strip (parcel J) widening of McAllister Drive. Mr. Robichaud, in response to the Mayor's concern about the lack of traffic lights at the corner of Westmorland Road and McAllister Drive to allow vehicles a left-hand turn to access Forest Hills, advised that a new controller is on order and, when installed, will allow for that type of turning motion. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the City Manager submitting a 1990 Summer Sounds Program, such program having originated in the early 1970s and funded as a regular budgeted item, with approximately 50 per cent of the funding paid outside Saint John in the form of honoraria, and advising that the Recreation Department receives assistance in this series from the local Musicians Association, The Music Performance Trust Fund, the Province of New Brunswick, Centenary Church, the Regional Library, the Lorenzo Society, the Royal Canadian College of Organists, the Parks Department and Loyalist Days -- be received and filed and Mr. David Goss, Recreation Supervisor, be commended on his efficiency in developing this program. 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 May 28, 1990, 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:- 2. That with regard to the application of Violet and DeForest Fowler for Housing Through Infill Development funding relative to the construction of two semi- detached housing units on Canterbury Street, a H.I.D. grant of $19,860 be approved, subject to compliance with conditions imposed by the Planning Advisory Committee and the Preservation Review Board: AND FURTHER that the City cost-share the extension of services to the above property, such cost-sharing estimated at $9,000. 3. That as recommended by the City Manager, the proposal of Tek Consultants Limited, in the amount of $14,050, be accepted for the energy conservation and electrical systems study of City-owned buildings. 4. That with regard to the request of the Atlantic Canada Section of the American Water Works Association for the City to sponsor a luncheon at its September 1990 conference in Saint John, a grant of $1,000 be approved. June11,1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. The Mayor advised that section 1 of the above report, which concerns a grant to Romero House, is to be withdrawn from the agenda pending a report at the next meeting. On motion of Councillor Knibb 82-433 COMMON COUNCIL JUNE 11, 1990 Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be withdrawn from the agenda pending additional information at the next meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 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 Fitzpatrick RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 4 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 Master Plumbers Examining Board, the application of Mr. Edward J. Ottaway of Woodland Road (Martinon), Saint John, N.B., for a Master Plumbers License be approved, and a 1990 Master Plumbers License be issued to him upon payment of the prescribed fee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Robert Douglas, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Councillor Knibb referred to Council's previous discussion on the number of City employees retiring on disability and the request to the City Manager for a report in this regard, and asked for a status report on this matter in view of the concern that, while it is hoped that employment with the City is not unduly stressful, disability retirement places a great financial burden on the pension plan. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the City Manager be requested to provide a status report regarding the matter of disability retirements. 82-434 COMMON COUNCIL JUNE 11, 1990 Question being taken, the motion was carried. Consideration was given to a memorandum from the Canada Games Aquatic Centre submitting the 1989 Annual Report of the Saint John Aquatic Centre Commission; advising that in 1989 the Centre continued to provide a rich and varied program to meet the needs of the citizens of Saint John and surrounding communities, with about 400,000 customers having paid to enjoy the many programs available at the Aquatic Centre which, based on comparison with similar facilities across Canada, ranks as one of the finest; also advising that financial results in 1989 were short of expectations due primarily to unforeseen upward pressures on expenditures and reduced revenues, including changes in labour laws, maintenance of air quality, reduction in sponsorships, reduced memberships in the Swim Club and reduced profits in the cafe, with the net effect being $46,000 over budget, and that total revenues for 1989 were slightly below 1988, the Centre's best year to date; and requesting that $46,000 be released in additional funds to cover the net cost of operations of the 1989 operating year of the Canada Games Aquatic Centre. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the 1989 Annual Report of the Saint John Aquatic Centre Commission be received and filed, and that $46,000 be released in additional funds to cover the net cost of operations of the 1989 operating year of the Canada Games Aquatic Centre. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from The Honourable Jane Barry, Minister of State for Childhood Services, advising that the Government of New Brunswick, in an effort to improve the overall image of the Province and in particular well-travelled highways, is undertaking a special roadside beautification program this year being coordinated through the Department of the Environment with assistance from the Department of Tourism, Recreation and Heritage and the Department of Transportation, and that certain key areas of the Province have been identified, with Route 1 Highway from Musquash to Quispamsis (Highway 1) having been identified in the Greater Saint John area, and that special attention will be given throughout the Province to unsightly premises, derelict vehicles, pilot areas for litter cleanup and an overall beautification plan; also advising that, as it is hoped that key volunteer groups in each community will be participating not only in cleanup but also in the adoption of a particular area of highway and would consider planting trees or shrubs or some other similar project which would add to the overall positive image of the Province, she will be contacting groups in hopes that they will agree to participate in some way in making Saint John more beautiful and that Council is encouraged to do likewise; and concluding that the Keep Saint John Beautiful Committee has gained a great deal of public support and is truly showing leadership -- be received and filed and referred to the City Manager for co-ordination. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the letter from The Honourable Hubert Seamans, Minister of Municipal Affairs, requesting Council's support of a smoke alarm initiative entitled "Smoke Alarm Saves Lives", which is a six- month campaign being put into place by his Department in cooperation with the New Brunswick Association of Fire Chiefs to promote proper usage of smoke alarms in residences, with the objective being to have a smoke alarm in every house in New Brunswick; also advising that fire service organizations will be seeking the assistance 82-435 COMMON COUNCIL JUNE 11, 1990 and support of community organizations and that this door-to-door campaign will be supported by a series of public service announcements and a video production -- be received and filed and referred to the City Manager and the Fire Chief. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Ernest St. Onge of 510 Milford Road requesting that the Engineering Department check into and take corrective action with respect to surface water from his neighbours' adjoining properties at 518 and 524 Milford Road flooding his property when it rains -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that the letter from Jean B. Francis suggesting that, because of the lack of parking at the City Market, a modern drive-through could be employed so that one could shop at all the Market stalls and deliver purchases to a pick-up room and receive a numbered tag which would be given to an attendant who would put the purchase into the trunk in the drive-through, and also that a small shopping pull cart that could be folded and hung up for storage in the Market would improve the overall carrying that one is required to do -- be referred to The Market Square Corporation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. James R. Connors advising that, although he received permission in 1985 to put a mobile home on property in South Bay at 1369 Westfield Road, he was unable to purchase a mobile home because he could not get a bank loan, and that he has recently purchased a mobile home and would like to have approval to put it at the same place in South Bay on a temporary basis -- be referred to the City Manager for a report at the next meeting. Question being taken, the motion was carried. (Councillors Coughlan and Fitzpatrick withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Belfast Children's Vacation - Saint John Inc. asking favourable consideration of its request for a donation in 1990 to assist in hosting children from Belfast, Northern Ireland for the third consecutive year, the cost of bringing one guest being approximately $1,000 -- be received and filed and a grant of $1,000 be approved. The motion first proposed was to approve a grant of $500, such motion subsequently withdrawn in favour of a grant of $1,000 following discussion during which time Mr. Wilson made the observation that Council approved a grant of $500 in 1988 and $1,000 in 1989. (Councillor Coughlan re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb 82-436 COMMON COUNCIL JUNE 11, 1990 Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Eric L. Teed, Chairman of the Saint John Canada Day Committee, asking if the City would be prepared to donate the use of the Lily Lake Pavilion to the Committee for the purpose of having an old-time dance social as part of the July 1 Canada Day observances -- be referred to the City Manager for a report at the next meeting. (Councillor Fitzpatrick re-entered the meeting.) The Mayor expressed the understanding, based on a telephone call from Moncton, that the above Committee has received a grant this year and suggested that the request should be referred to the City Manager for one week so that the Public Relations Department can discuss this with the Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Mediacom Inc. for an amendment to the September 12, 1988 Section 39 re-zoning of 640 McAllister Drive -- 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 July 23, 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of Mr. Jeffrey A. Gianakos for the re-zoning of 120 Range 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 July 23, 1990. Question being taken, the motion was carried. Consideration was given to a letter from the Canadian Construction Association advising that it has come to its attention that the City of Saint John recently awarded a contract for the provision of snowplow trucks to other than the firm submitting the lowest acceptable bid price in preference to a higher bid submitted by a local firm despite previous assurances to the Association that the City of Saint John does not apply a local preference policy in the award of its contracts and that, in fact, during Council deliberations respecting this recent award, senior City Councillors noted that it has been the practice of the City to apply a local preference of up to 5 per cent; also advising that the Association is completely and unalterably opposed to a preference policy in any form whatsoever and at all levels of government in Canada; submitting a copy of its recently-adopted "Governing Principles for the Free Movement of Construction Materials, Services and Personnel Within Canada", as well as a copy of the Chinook Aggregates court case; requesting that Council abolish its local preference policy and that, until this is done, that Council clearly spell out the fact that a 5 per cent local preference policy exists by noting so in the City's bidding documents; and concluding that, during the past year, Saint John firms have been unsuccessful on tenders for other New Brunswick municipalities despite being low bidder on the basis of local preference policies often defended as merely reciprocating the City of Saint John's own policies. The Mayor advised that, earlier this date, she informed Mr. Michael Atkinson, Senior Director of the Canadian Construction Association, that he was misinformed and that the City does not have a local preference policy and that staff submits to Council a recommendation to accept the lowest tender which meets the specifications and explained to him that the City's companies are having problems in other areas of the Province rather than having problems in Saint John, and that a letter in this regard will be forwarded to him. Councillor Fitzpatrick asked that the Association 82-437 COMMON COUNCIL JUNE 11, 1990 also be informed of the percentage of low bids confirmed by Council. On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that the above letter from the Canadian Construction Association be received and filed and a letter be forwarded to the Association as indicated above. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Saint John Central Business Development Corporation advising that meetings have been held with the Saint John Transit Commission, the Bank of Nova Scotia and the Planning and Engineering Departments of the City of Saint John to discuss a program to design, manufacture and install transit shelters in uptown Saint John, and the Committee is proposing to hire a local architect to design a unique transit shelter at an estimated cost of $2,500; and requesting that the City of Saint John contribute one quarter of the cost ($625) for the design of the shelters at this time -- be received and filed and Council authorize cost-sharing for the design of the transit shelters. The Mayor asked that the City Manager contact the New Brunswick Community College - Saint John Campus or the Saint John Vocational School with the request that students propose a design for garbage receptacles, particularly for the King Square and downtown core areas of the City. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) Mr. D. Ferguson and his solicitors, Messrs. John A. Henheffer and David Lutz, were present in the Council Chamber regarding the proposed Municipal Plan and Zoning By-Law amendments with respect to property on Ashburn Road, third readings of which were tabled at Council's May 28 meeting so that Mr. Henheffer could address Council at this meeting, and consideration was given to a letter from Mr. D. Ferguson submitting information which he advises he will have to address personally as his lawyer has not yet familiarized himself with the particular issues, and advising that he would like to comment on a few points made in the Common Council minutes of May 22 and also on discrepancies which he has noticed between an agreement concerning the quarry and a letter of May 27 sent to him. Mr. John A. Henheffer addressed Council on behalf of Mr. D. Ferguson of 579 Rothesay Avenue, and advised that Mr. Ferguson's property of approximately 3 acres is situated basically between the quarry, which is the subject matter of the application of Crestwood Holdings, and Rothesay Avenue. Mr. Henheffer noted that Mr. Ferguson's objections to the 1987 re-zoning were based on his concerns about possible air and noise pollution resulting from the blasting and truck traffic, the possible adverse affect on his property from the blasting itself due to the close proximity of his home to the quarry, increased truck traffic in an already-heavily congested traffic area, the possible consequence of flooding on the basis that the property is within the flood risk area and may not be maintained properly, and his water supply which is directly on the property which is subject to the application of Crestwood Holdings, having been given water rights upon purchase of his property in 1960. Mr. Henheffer commented on the quarry operation between the 1987 re-zoning of Ashburn Road property to the time of the application in question for the re-zoning of a further 23 acres which would bring the quarry that much closer to Mr. Ferguson's property; and explained that Mr. Ferguson is questioning why Crestwood is making application to re-zone an additional 23 acres, what the purpose of the expansion is, what the consequences will be to him and others in the surrounding area, and if Crestwood intends to quarry more than the 100,000 tonnes of rock per year as proposed in 1987 on the basis that the amount of rock to be removed is directly proportional to the amount of blasting to be carried out. 82-438 COMMON COUNCIL JUNE 11, 1990 Mr. Henheffer also commented on the 1987 re-zoning of 60 acres of the subject property from the point of view that, if additional property were required, the applicant would be permitted, standing upon its record of its past performance, to reapply for the re-zoning of additional property, and questioned the record of Crestwood Holdings since it started operation over the last year and a half and further how its record could be determined. Mr. Henheffer suggested that the only indication he has of Crestwood Holdings' record is to review the Section 39 agreement entered into in December 1987 in terms of how the applicant lived up to its terms and advised that, of the thirteen conditions imposed on the quarry which allowed it to operate, as of May 1990 only four were complied with and that, of the remaining nine conditions, four more were partially complied with, and the remaining five were not complied with at all; and suggested that, based on recent newspaper articles advertising crushed stone sale from the Ashburn Road quarry of quarter inch minus grade granite rock and the indication to Council during its enactment of the 1987 re-zoning that the smallest grade rock to be quarried would be half inch aggregate, either the quarter inch rock is being brought into the quarry from another location or it is being produced at Ashburn Road quarry site despite Council being told that the smallest rock to be produced would be half inch, and made the observation that quarrying a smaller rock creates more dust and is harder to store. Mr. Henheffer asked that the application of Crestwood Holdings and Realty Ltd. be put on hold and no further action be taken with respect to the 23 acres of land at the present time, and that the applicant be made to live up to the December 1987 Section 39 agreement before allowing a quarry operation on an additional 23 acres of property; and expressed the opinion that questions should be answered prior to Council's consideration or enactment of an amendment to re-zone additional property relating to whether the expansion is really necessary at this point in time; if it is the intent to expand the operation, will there be an increase in the amount of product to be produced or removed; if the amount of product is being increased, will this result in increased blasting and, if so, how much; if there is an increase in the amount of product to be removed, will there be an increase in the amount of traffic in the area and will the product being removed be smaller than the current product, and where the applicant intends to store the material on the basis that stockpiles should not be allowed to encroach on the flood risk area. Mr. Henheffer concluded that, as the proposed re- zoning deals with a crushing operation in which the means of obtaining its product is by blasting and as the property exists within the City boundaries and close to residential properties, Council requires full knowledge of what is occurring on the property before allowing any further expansion; suggested that, because of the fact that Crestwood Holdings has not lived up to its agreement in the past, that it should be made to do so prior to any further action being taken; and commented on Mr. Ferguson's concern about the effect of blasting on the foundation of his residence. Discussion ensued during which time questions were broached regarding Mr. Ferguson's water supply and agreement; the ownership of the subject property; the status of the access to the subject property from the Throughway and the access through Ashburn Lake Road; the amount of aggregate produced by the quarry to which Mr. Bedford advised is controlled by the City by the amount of land available to be quarried and explained that the applicant has indicated that part of the reason for the expansion at this time is that he needs more land in order to meet the rehabilitation requirements for the site; and the result of the pre-blast survey of Mr. Ferguson's property. Councillor Coughlan asked if the applicant should have an opportunity to respond to Mr. Henheffer's comments to which Mr. Rodgers replied that, although it would be in order for Council to proceed with third reading, it is his suggestion that, as the matter affects Crestwood Holdings, Council should table the matter and give Crestwood Holdings the opportunity to at least listen to the taped proceedings of this meeting; however, before tabling takes place, there should be a motion on the floor because, under the rules of procedure, it is the motion that is tabled not the item. Councillor Knibb advised that, as he was absent for the earlier By-Law readings, he will absent himself from meeting. (Councillor Knibb withdrew from the meeting.) The Mayor made the observation that Councillor M. Vincent was absent for the public hearing to which Councillor M. Vincent made the observation that he has had the opportunity to have his questions answered, and Mr. Rodgers, in noting that he was unaware of Councillor M. Vincent's absence from the public hearing and although 82-439 COMMON COUNCIL JUNE 11, 1990 it is now too late to reverse the current situation, suggested that the situation should not be worsened and expressed the opinion that Councillor M. Vincent should not vote. (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick 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 23 acres, adjoining land previously zoned to permit a quarry operation and located north of Ashburn Road and east of the Saint John Throughway (being a portion of L.R.I.S. Number 298422), from Low Density Residential, Open Space and Light Industrial to Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Councillor Fitzpatrick asked when the change of ownership of the quarry took place and how the record of the previous owner to the present owner compares as far as the conditions of the Section 39 agreement are concerned, to which Mr. Johnson expressed the understanding that the transfer of ownership took place over a period of approximately one year and involved a court case, and that compliance with the Section 39 agreement has been improving under the current owner and that he would have to review the matter to determine the number of conditions with which the previous owner complied. Councillor Flewwelling asked if the aggregate size was part of the Section 39 agreement to which Mr. Johnson replied in the negative on the basis that, in producing half-inch aggregate, material of a size between half-inch and nothing would be produced in attempting to make half-inch aggregate. Councillor Landers asked the number of conditions of the Section 39 agreement with which the applicant has complied at this time to which Mr. Johnson replied that, although he cannot state the number at this time, of the twelve or thirteen items, the applicant is in compliance with some but not with others. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that the above matter be laid on the table to give the applicant an opportunity to respond to the above presentation and a report from the City Manager. Question being taken, the tabling motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk