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1990-07-23_Minutes 82-483 COMMON COUNCIL JULY 23, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of July, AD. 1990, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Assistant City Manager - Development; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; W. Butler, Director of Water and Sewerage Services; C. Cogswell, Assistant Deputy Chief of Police; R. Johnston, Deputy Fire Chief; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; D. Harvey, Superintendent of Sanitation; Ms. M. Chaperlin, Planning; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on July 9, 1990, be approved. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that two items (which were considered in Committee of the Whole earlier this date, one being a Nominating Committee recommendation and the other relating to a proposed family beach day at Mispec Park, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Her Worship the Mayor extended condolences to the family of the late Mr. Donald Hatfield, who passed away on July 22, and noted that Mr. Hatfield had been an employee of the City of Saint John from 1962 until his retirement in 1986, having served the City for 34 years. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Donald Hatfield. Question being taken, the motion was carried. Councillor Knibb commented on a dinner theatre being casted by the Saint John High School Players at the Trade and Convention Centre on July 26. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment, to substitute the figures "65" for "55" in section 111 (2)(a)(i) and section 721 (2)(a)(i), to increase the minimum ground floor area of mobile homes permitted on individual lots located outside of mobile home parks from 55 square metres (592 square feet) to 65 square metres 82-484 COMMON COUNCIL JULY 23, 1990 (700 square feet), and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed amendment. Consideration was given to a letter from the Planning Advisory Committee recommending that the Zoning By-Law be amended by substituting the figures "65" for "55" in section 111 (2)(a)(i) and section 721 (2)(a)(i). 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, by substituting the figures "65" for "55" in section 111 (2)(a)(i) and section 721 (2)(a)(i), 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 Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by substituting the figures "65" for "55" in section 111 (2)(a)(i) and section 721 (2)(a)(i), 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 the proposed re-zoning of a parcel of land at 120 Range Road (L.R.I.S. Number 55064386), containing approximately one acre on the northwesterly side of Range Road approximately 1,000 feet from the St. Martins Road interchange, from "P" Park to "RFM" Rural Mobile Home classification, to allow the placement of a mobile home, as requested by Mr. Jeffrey A. Gianakos, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee recommending that a parcel of land containing approximately one acre on the northwesterly side of Range Road, approximately 1,000 feet from the St. Martins Road intersection, being identified by L.R.I.S. Number 55064386 and having civic number 120 Range Road, be re-zoned from "P" Park to "RFM" Rural Mobile Home classification. 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 120 Range Road (L.R.I.S. Number 55064386), containing approximately one acre on the northwesterly side of Range Road approximately 1,000 feet from the St. Martins Road interchange, from "P" Park to "RFM" Rural Mobile Home classification, be read a first time. 82-485 COMMON COUNCIL JULY 23, 1990 Councillor Coughlan asked if there would be any merit in tabling the above matter on the basis of the reference in the submitted Planning staff report to avoiding a "tooth and gap" zoning pattern to which Mr. Bedford replied that, while staff is concerned when situations of this nature arise, staff, at this time, is recommending approval in the subject location; and Councillor Rogers asked the status of a previously-requested report on the number of outstanding temporary mobile home permits based on her concern that such properties could become the subject of spot re- zonings for mobile homes while the City has attempted a proper planning program for mobile home parks, to which Mr. Bedford replied that the report is still under preparation. 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 Fitzpatrick 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 120 Range Road (L.R.I.S. Number 55064386), containing approximately one acre on the northwesterly side of Range Road approximately 1,000 feet from the St. Martins Road interchange, from "P" Park to "RFM" Rural Mobile Home classification, 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 amendment to the agreement between the City and Scottish Enterprises Ltd., adopted by Council on September 12, 1988, pursuant to Section 39 of the Community Planning Act, with respect to the property at 640 McAllister Drive, so as to permit a poster panel on the said property as the existing agreement does not provide for the placement of poster panels on the property, as requested by Mediacom Inc., and that no written objections were received in this regard. No person was present to speak in opposition to or support of the proposed amendment. Consideration was also given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report considered at the Committee's meeting of July 17 at which there was no one present to represent the applicant or to oppose the application, and advising that the Committee adopted the staff recommendation; and recommending that the amendment not be approved. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that as recommended by the Planning Advisory Committee, the amendment to the agreement between the City and Scottish Enterprises Ltd., adopted by Council on September 12, 1988 pursuant to Section 39 of the Community Planning Act, with respect to the property at 640 McAllister Drive, so as to permit a poster panel on the said property as requested by Mediacom Inc., not be approved. 82-486 COMMON COUNCIL JULY 23, 1990 Councillor M. Vincent asked staff's opinion with respect to a concern that the placement of a poster panel may block visibility or cause problems to vehicular traffic to which Mr. Bedford replied that, based on the Engineering Department having no objection to the above application, it is assumed that Department has no concern with respect to visibility. The Mayor asked if Scottish Enterprises Ltd. is aware of the Planning Advisory Committee's recommendation to which Mr. Bedford replied that Mediacom Inc., which made the application on behalf of Scottish Enterprises Ltd.'s behalf, is aware of the recommendation. Question being taken, the motion was carried with the Mayor voting "nay". Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 1382 Hickey Road (a portion of L.R.I.S. Number 55007066), containing approximately 2 acres with a frontage of 250 feet and located on the south side of Hickey Road, from Low Density Residential to Light Industrial classification, to permit re-zoning of the land to Light Industrial classification so that it may be used as a terminal for Purolator Courier, as requested by Mr. Claude F. Savoie. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting a letter from St. Mary's Band Inc. requesting $2,000 from the City of Saint John to assist the Band in participating in the June 1991 celebration of RB Hall Day in Maine, U.S.A. -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne expressing the understanding that the installation of traffic lights at Dever and Greenhead Roads was to be a priority number one project in the Capital Budget, and requesting that, as these lights have not been installed to date, the City Manager and appropriate staff look into this matter and report to Council -- be received and filed and the recommendation adopted. Councillor Knibb advised his intention to oppose the above motion on the basis of staff's earlier indication that no traffic accidents were being experienced at the intersection in question, and expressed the opinion that, as it appears as if the traffic moves through quite well with no delays on either Dever or Greenhead Roads, traffic lights, which he understands would cost in excess of $20,000, would only interfere with the normal traffic flow, such as would be the case at Simms Corner. Question being taken, the motion was carried with Councillor Knibb voting "nay". Mr. Louis E. Murphy, M.L.A. Saint John Harbour, appeared before Council on behalf of residents of the Kierstead Mobile Home Park to present a petition protesting the City's decision of July 2, 1990 to discontinue removal of Park garbage and, in presenting a brief (which he filed with the Common Clerk following his presentation), requested that (1) the City continue to collect the garbage in the Kierstead Mobile Home Park for up to one year to give the residents time to work out a satisfactory agreement with the Park owner; (2) a committee be set up, consisting of a representative from the City, the Park owner and a representative from the Park residents, for up to one year to give the residents time to work out a satisfactory agreement with the Park owner; and (3) the same committee be empowered also to work out a long-range plan for continuing improvements to the Park, such as paving the roads over a period of time, providing street lighting in the Park and other improvements necessary to bring the Park up to standard. 82-487 COMMON COUNCIL JULY 23, 1990 During discussion it was noted that the City's discontinuance of garbage collection in mobile home parks is in compliance with the Mobile Home Parks By-Law, and the Mayor thanked Mr. Murphy for his presentation and advised that Council would render a decision in this regard later in the meeting. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that as recommended by the Nominating Committee, Councillor Knibb (Chairman), Councillor Fitzpatrick and Councillor A. Vincent be re-appointed to the Water and Sewerage Rates Appeals Committee for 1990. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that with regard to the June 25 request for permission to hold an alcohol-free summer beach day at Mispec Park with the proceeds to be donated to Romero House, approval be given to CFBC Radio, Coca Cola Classic and B.A. Music Systems to hold a family beach day at Mispec Beach on Saturday, July 28, with an alternate date to be chosen if the July 28 date cannot be met. 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 invoices, namely:- Standard PavinQ Maritime Limited - supply of asphalt June 27 -July 3, 1990 - supply of asphalt July 4-10, 1990 $100,587.32 $ 72,002.22 Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, recently, a portion of the retaining wall on Prince William Street near the intersection of Queen Street collapsed, removing the sidewalk and a portion of the street and that this wall protects an area of the former CN grain elevator site and an existing building, which is occupied by Furncan Marine through a lease which has been transferred to the City recently with the finalization of the land exchange between CN and the City relative to the demolition of the former grain elevator; and also advising that the site has been barricaded and is temporarily safe but extensive permanent repairs are necessary, with estimates to repair the collapsed wall prepared on two options, one to retain the building and one to demolish the building, with option 1 estimated to cost $128,000 and option 2 estimated to cost $73,000, and that the Property Management Department has assessed the building and determined that it is in good repair and would cost an estimated $110,000 to replace. The report further advises that staff of Municipal Operations has identified a potential future use for the building which would provide an excellent site to relocate the Engineering Department's parking meter and traffic signal maintenance service and provide space for the Parks Department to store equipment used in the central core of the City, with a proposal for this use to be addressed in the preparation of the 1991 operating budget, and that future relocation of Water Street in this area has been examined and, although plans are not finalized as to its alignment and timing of construction, it is definite that the building would not have to be removed to allow for future street reconstruction; therefore, staff has concluded that the building is worth the apparent cost to retain and wishes to proceed to repair the wall under option 1; and submitting a recommendation in this regard. 82-488 COMMON COUNCIL JULY 23, 1990 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council approve the addition of a project entitled Prince William Street retaining wall, estimated at $123,000, to the current Capital Program for Transportation. 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 both the City's consultants, Crandall Engineering Ltd., and the Power Commission of the City of Saint John have indicated that an order should be placed as soon as possible for upgrading of the existing electrical entrance and transformers at the Lancaster wastewater treatment plant in order to avoid problems with late delivery of equipment, the expansion of the plant having been provided for in the current capital program; and recommending that a purchase order for approximately $18,000 be placed with the Power Commission of the City of Saint John for upgrading the electrical entrance at the Lancaster wastewater treatment plant -- be received and filed and the recommendation adopted. The Mayor noted the recent complaints about the stench from the Lancaster sewage lagoon to which Mr. Butler replied that the first phase of the reconstruction of the Lancaster wastewater treatment plant, which is approximately 30 per cent complete and anticipated to be completed by the end of August, is creating some odour problems and that staff anticipates that tenders will be called late this week for the actual construction phase of the treatment plant with an expected construction, assuming that all is in order, by December 1990 with operation of the new treatment plant anticipated in January 1991, and that unfortunately the current odour problem will continue while construction is going on, although it is difficult to quantify whether it will worsen or lessen. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the presentation by Mr. L. Murphy on behalf of residents of Kierstead Mobile Home Park, concerning the City's decision to discontinue garbage collection in the Park, be referred to the City Manager to appoint a member of City staff to meet with a committee of citizens to determine what can be done to make the change in garbage collection as beneficial to the Park as possible. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 90-10, construction of a pressure reducing valve vault on Dufferin Row, be awarded to the low tenderer, QM Construction Ltd., at the bid price of $37,960, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Coughlan questioned the variance between the above amount and the engineer's estimate of $28,442 to which Mr. Butler replied that the Engineering Department used, as a guideline, a similar previous tender at which time the types of chambers in question were being built for just over $20,000, although at that time there 82-489 COMMON COUNCIL JULY 23, 1990 were several bidders and the tender involved three chambers which meant that the crew could move from one to the other, the latter which might have been overlooked in preparing the estimate for the subject tender for which the bids are considered fair for the work to be performed. 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 90-14, Park Street Extension water and sewer, be awarded to the low tenderer, QM Construction Limited, at the bid price of $249,615, 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 Rogers RESOLVED that as recommended by the City Manager, contract 90-15, Golden Grove Road watermain, be awarded to the low tenderer, Gulf Operators Limited, at the bid price of $123,406, and that the Mayor and Common Clerk be authorized to execute the necessary tender documents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Peter A. Martin Ltd., in the amount of $14,780, be accepted for the replacement of the roof on the screen building at Spruce Lake pumping station. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Superior Concrete Products, at the unit prices quoted in the City Manager's submitted report, be accepted for supplying precast concrete grade ring segments for the period of one year. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that, further to Council's consideration on July 9 of the submitted letter from Mr. Gordon Hunt concerning garbage at 222 Duke Street, the Sanitation Division's records indicate no complaints or correspondence with respect to garbage problems at this property and the By-Law Enforcement Officer has no personal knowledge of garbage problems in the past and none was evident during an inspection on June 27; and also advising that the property will be monitored by the By-Law Enforcement Officer for problems and the Sanitation Division has been notified and will advise the City Manager's Office of any future problems -- be received and filed and a copy be forwarded to Mr. Hunt. Question being taken, the motion was carried. On motion of Councillor Knibb 82-490 COMMON COUNCIL JULY 23, 1990 Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager advising that staff has made a preliminary review of the 1990 National Building Code of Canada and there are many issues in this document with which Common Council and the public should be made more familiar, some of which must be reviewed by staff with the Provincial Fire Marshal or others to ensure that a consistent approach is taken through the Province, such issues including handicapped access, radon gas protection, security measures, commercial cooking equipment, farm buildings, adoption of the National Fire Code, group homes with infirm residents, building permits for Provincial and Federal buildings, and fees, and that the issue concerning access provided for handicapped individuals will be included in this review with a report on this specific topic to be provided by October 1990 as previously requested by Council; and, in recommending that this report be received and filed, also advising that staff will forward reports to Common Council throughout the year on these issues with a view to presenting a revised Building By-Law for Common Council's consideration before the end of 1990 -- be received and filed. The application of new codes to the City's older-type buildings was questioned by Councillor Fitzpatrick to which Mr. Johnson replied that, as part of the Code review process, the City's Building By-Law will be again reviewed and that this By-Law at the present time defines what has to be accepted with respect to existing buildings; and the Mayor advised that it has been brought to her attention that there is no access for handicapped persons to the Germain Street entrance to the City Market and asked staff to look into this matter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the letter from the City Manager expressing the opinion that the May 7 request to Council by the Multicultural Association for the City to review the street names lost through the urban renewal process and consider using them again when new streets are created has merit, and advising that the street names that have been lost are now being researched and by September a list of potential names will be available for use by the City and developers when new streets are being created; and recommending that the Multicultural Association be thanked for its suggestion -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a report from the City Manager submitting a copy of the Planning Advisory Committee's report to Council on April 9 at the public hearing of the application for re-zoning 50 Eagle Boulevard, and recommending that Council act upon the Committee's recommendations 3, 4 and 5 as set out in the submitted report. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council approve the location of the streets and land for public purposes in the Scott Bros. Ltd. subdivision at 50 Eagle Boulevard; (2) Common Council assent to one or more subdivision plans prepared in accordance with the submitted tentative plan photo-reduction with respect to the public streets, the land for public purposes and any necessary municipal services or utility easements; and (3) Common Council authorize the preparation and execution of a City/developer subdivision agreement to ensure provision of the required services. Question being taken, the motion was carried. Consideration was given to a report from the City Manager outlining the progress made to date by the Implementation Committee for the Strategic Plan on the Plan's first anniversary of Council's adoption, together with the Committee's recommended directions for year two of the Strategic Plan for Saint John. 82-491 COMMON COUNCIL JULY 23, 1990 Mr. Taylor, through a slide presentation, highlighted action taken during the year-one implementation of the Goals for Saint John in the following six priority areas: economic development, the uptown strategy, pollution control, beautification, infrastructure and services, and City Hall/community involvement with respect to a five- year capital budget. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the Strategic Plan Implementation Committee continue to encourage and co-ordinate actions specific to the fourth theme of the Strategic Plan, City Hall/Community Involvement, in particular: (a) continue to implement actions, internal to City Hall, which respond directly to the Goals and which are in accordance with Council- approved priorities, through such mechanisms as the establishment of a five-year budget process and greater attention to the managerial planning of the corporation; (b) encourage interaction and communication among the major "theme" committee structures - economic development, environment and social development - to ensure co-operation and co-ordination occurs among all the major participants who are involved in getting the Strategic Plan realized; (c) undertake further actions to encourage the awareness and involvement of the general public in Goal-related actions; i.e., in partnership with the Public Relations Department and the local media, develop and implement a Strategic Plan public awareness program; and (d) co-ordinate an annual review of the Strategic Plan, comment on its directions and its implementation processes and recommend appropriate alterations. Councillor Knibb urged staff to proceed in establishing the Saint John Tomorrow Committee and proceed with the economic development strategy in order to regain the momentum of the 1980s and continue it into the 1990s to which the Mayor replied that the City Manager is reviewing a report for submission to Council; and, in response to Councillor Landers' suggestion that the City should be reviewing the recommendations of the Environmental Consultation Committee, the Mayor noted that the recommendations were referred to both the City Manager and the Minister of the Environment. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender of Erb's Enterprises Ltd., in the amount of $31,900, be accepted to carry out renovations in the Police Department on the fourteenth floor of the City Hall building. Councillor Knibb expressed opposition to awarding the tender to the above Hampton company for the reason that Wayne Erb Builders Ltd. of Saint John is only $459 more than the low tender recommended and there is a need for employment in the City. Councillor Coughlan asked if the renovations are structural rather than decorative to which Mr. Todd replied that the tender is strictly for physical improvements to the east side of the 14th floor including construction of offices and installation of flooring and does not include any furniture. Councillor Fitzpatrick asked for an estimate of the amount expended during the last two years for improvements in the Police Department to which Mr. Todd replied that 1989 improvements to administrative offices on the 14th floor amounted to approximately $10,000 to $12,000, and that 5th floor improvements were made relative to the installation of the computer system, with the 5th floor also having been improved in 1988, and Councillor Fitzpatrick suggested that Council should be considering, prior to further expenditures of this nature, the future of the City Hall building upon expiration of the lease. Councillor Davis expressed the opinion that Council is committed to awarding tenders which represent the lowest cost, not necessarily the lowest price, and asked if staff foresees any costs additional to that above by awarding the tender to a Hampton company to which Mr. Hanlon replied that staff is unable to determine any costs that may be incurred by employing the Hampton firm which would be in the area of the $459 difference and that the Hampton bid is still 82-492 COMMON COUNCIL JULY 23, 1990 the lower of the two bids in question. Question being taken, the motion was carried with Councillors Davis, Fitzpatrick, Knibb and M. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By- Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing the following portion of highway, namely:- HARRISON STREET (portion): All that certain lot, piece and parcel of land situate lying and being in the City of Saint John in the County of Saint John in the Province of New Brunswick being that portion of Harrison Street as laid out in 1848 and shown on Plan No.3 Subdivision of the Estate of the Late Deborah Hazen Devisee of the Late William Hazen, Junior, Esquire, Deceased dated February 5, 1850 and filed in the Saint John County Registry Office in Drawer 5 as No.6, which is within the boundaries of Site "H" as shown on a plan of subdivision entitled Subdivision Plan Site "H" Redevelopment Office City of Saint John - St. John Co., N.B. dated June 4, 1973 certified correct by Murdoch-Lingley Limited per Carl A. Laubman, N.B. Land Surveyor approved July 12, 1973 by the Development Officer City of Saint John and by the Director of Surveys and filed in the Saint John County Registry Office on July 13, 1973 as File 54 # - be read a third time and enacted and the Corporate Common Seal be affixed thereto. Mr. Rodgers, in noting that the above-proposed amendment is in connection with a land transaction involving the City and Westmorland Leaseholds Ltd., advised that, further to negotiations between the City and Westmorland Leaseholds with regard to an indemnification clause that the City would like to have from Westmorland Leaseholds because of a 1974 agreement the City has with the Saint John Harbour Bridge Authority concerning the above property, late today the City's negotiators in this matter received from Westmorland Leaseholds a letter indicating that it would agree to assume the responsibility that the Harbour Bridge Authority placed on the City by agreeing with the Harbour Bridge Authority to that effect; and suggested that, because in one sense from Westmorland Leaseholds' point of view it is assuming the same liability and, if third reading passes and because the closing of the land transaction is to take place prior to the next Council meeting, Council instruct the City Solicitor not to close the transaction with Westmorland Leaseholds Ltd. unless it agrees to an indemnification clause and that the Mayor and Common Clerk be authorized to execute the agreement on behalf of the City. The Mayor noted that Councillors Coughlan and Landers were not present at the public hearing of the above-proposed street closing. (Councillors Coughlan and Landers withdrew from the meeting.) Councillor Flewwelling asked if, knowing what the aim is of purchasing the land in question, Traffic staff has determined the suitability of the property's intended use as a service station to which Mr. Bedford replied that the plans submitted supporting the proposal were reviewed by Planning and Engineering staff and no problem is foreseen and further that the subject use has been an approved use under an "ID" zoning on the property for a significant length of time. The by-law entitled, "A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with the Mayor and Councillors Flewwelling and Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the City Solicitor be 82-493 COMMON COUNCIL JULY 23, 1990 instructed not to close the land transaction with Westmorland Leaseholds Ltd. unless it agrees to an indemnification clause and that the Mayor and Common Clerk be authorized to execute the agreement on behalf of the City. Question being taken, the motion was carried. (Councillors Coughlan and Landers re-entered the meeting.) 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 July 9, 1990, when there were present Mayor Wayne and Councillors Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council approve a change to the establishment of the Water and Sewerage Department, Municipal Operations, as follows: reduce the number of Labourer II positions from five to four and increase the number of Meter Readers from one to two. 2. That as recommended by the City Manager, a municipal services easement, with a width of 40 feet and located approximately as shown on the submitted plan, be acquired over the following properties:- (1) Location: Prospect Avenue; Owner: Eastern Bakeries Ltd.; L.R.I.S. Number 368308; Price: $2,000; and (2) Location: 55 Merritt Street; Owner: Summertime Restaurant Equipment Ltd.; L.R.I.S. Number 368316; Price $500. 3. That as recommended by the City Manager, Common Council (1) accept with thanks the offer of a $3,000 special grant from the Provincial Department of Tourism, Recreation and Heritage to assist in the maintenance of the Tourist Information Centre service on the Digby-Saint John Ferry during the peak season this summer; and (2) advise the Provincial Department of Tourism, Recreation and Heritage that the City of Saint John will not operate the Tourist Information Centre onboard the Princess of Acadia in 1991 since it constitutes an entry point to New Brunswick and, as such, is deemed a Provincial responsibility. 4. That permission be granted, in compliance with the agreement with the Federal Government, for the installation of a plaque indicating the participation of Environment Canada - Parks in the City Market project and for the installation of a plaque commemorating the Market as a place of national historic significance, the location and design of the monument being as shown on the submitted sketch. 5. That (1) the City-owned lands on Chesley Drive known as L.R.I.S. Numbers 369074 and 373613 be sold to Thorcor Holdings for $60,000; (2) the sale of the lands neither implicitly nor explicitly obligates the City to approve any request for a Municipal Plan or Zoning By-Law amendments; (3) the sale is subject to Thorcor making mutually-satisfactory arrangements with Douglas Avenue Christian Church for parking to meet its parking needs to a level provided on the lands leased by the Church from the City; (4) the sale is subject to such agreements and/or rights-of-way that may be required to satisfy existing services or roads; and (5) the sale is subject to the approval of the Urban Renewal Co-Ordinating Committee. July 23, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb 82-494 COMMON COUNCIL JULY 23, 1990 Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 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 Rogers 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 section 5 of the above report be adopted. (Rescinded June 26, 1995 Bk. 85 Pg. 339 ) Councillor Landers asked if the City, prior to selling land to a developer, normally has a proposal put forward to which Mr. Todd replied that it is the City's normal practice that, when a piece of land is being sold, a proposal is submitted before the land is transferred and that staff is proposing that, in this case, the property be sold without a proposal having been submitted for two reasons, one being that the City has held the piece of land in question for a number of years and called proposals a number of times without success, and the other being that Thorcor Holdings Ltd. owns a good portion of the land adjacent to the subject property and is probably best placed to develop same; therefore, in order to give the most leeway as possible to Thorcor in preparing its development lands, staff is prepared to recommend that no proposal be submitted in detail before the lands are transferred. Councillor Flewwelling proposed an amendment to the motion, which was seconded by Councillor Rogers, that a five- year term be placed on the purchaser so that the land reverts to the City at the purchase price if not developed within five years; Mr. Rodgers' clarified that such an amendment should refer to the City having an option to repurchase the property and that input should be obtained from Mr. Todd with respect to whether or not the City would buy back the land at the purchase price, including improvements, market value at the time, and so on, in that Council must determine what it is willing to commit itself to with respect to such an option; and Mr. Todd noted that such an option would normally stipulate that the City retains an option to reacquire the property if it is not developed within a specific period of time and advised that, in this particular instance, staff would have to prepare the appropriate wording for such a provision because of the nature of the property and the proposed development. Moved in amendment by Councillor Flewwelling Seconded by Councillor Rogers 82-495 COMMON COUNCIL JULY 23, 1990 RESOLVED that the above motion be amended by adding the following: AND FURTHER that the City retain an option to repurchase if the land is not developed within a period of five years. (Rescinded June 26, 1995 Bk. 85 Pg. 339 ) Councillor Coughlan spoke in opposition of the proposed amendment for the reason that Council should not impede further the progress of the development of a piece of property in which no interest has been shown in the last twenty years; and Deputy Mayor Gould advised his intent to support the amendment and that, without it, he would vote against the original motion. Councillor Knibb expressed opposition to the amendment as, although staff made every effort to negotiate a repurchase option, the developer for reasons of financing indicated it was not acceptable to have a land transfer which was encumbered, and he asked why the City would want to buy back a piece of land that it has been trying to sell for twenty years; and Councillor Davis suggested that the developer in question has a property with so many things against it and that, while he could build the development without the City property by demolishing the former de Bury House, he will not do so and has obligated himself to retain the three heritage buildings which are virtually in the centre of the development, and asked why Council should put another obstacle in the developer's way and what the City would gain by repurchasing in five years a property which is virtually unsalable. Question being taken, the amendment to the motion was carried with Councillors Coughlan, Davis, Fitzpatrick and Knibb voting "nay". Question being taken, the motion as amended was carried with Councillor M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the 1989 Annual Report of the Saint John Parking Commission be received and filed with appreciation and support for the efforts of the Commission. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from the Preservation Review Board requesting Council to take steps to stay any demolition of properties on Douglas Avenue related to Thorcor Holdings Ltd.'s proposal for Deans Hill as the Board believes there are many buildings of historic and social significance on Douglas Avenue, including houses directly affected by what has been revealed of the Thorcor proposal and the Board wants time to make an immediate study of Douglas Avenue as a preservation area; and advising that, with regard to the previous request from Douglas Avenue residents for such a study, the Board deferred the study because of more urgent priorities for its funds in 1988 and 1989, and will look at how such a study can be undertaken at its July 25 meeting -- be referred to the City Manager and appropriate staff for a report. Councillor Fitzpatrick asked if the Preservation Review Board has the expertise to carry out the suggested review or if the City has such expertise on staff to which Mr. Taylor replied that staff would address this matter and report to Council relative to how such a study would be carried out, and he confirmed that the City's Heritage Planner is not at this point on staff but will be shortly. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. On motion of Councillor Rogers 82-496 COMMON COUNCIL JULY 23, 1990 Seconded by Councillor M. Vincent RESOLVED that the letter from the Preservation Review Board submitting a flyer, copies of which were distributed to all residents and commercial operations in the Trinity Royal and Orange Street Preservation Areas as part of the Board's Heritage Awareness Program to keep the residents and property owners informed both of the Board's activities and of their responsibilities to maintain Saint John's heritage and attractiveness -- be received and filed with appreciation. Councillor Rogers noted that the above flyer inadvertently refers to St. Patrick Street as Dock Street and advised that this will be corrected. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from The Honourable Vaughn Blaney, Minister of the Environment, advising that, with regard to Common Council resolution of May 22, although the management of used tires is not presently an issue in the Province due to the low volume of material generated and the way it is currently being managed, as the regional sites for municipal solid waste are developed some form of alternate disposal for tires may be necessary, and that options, such as a mobile shredder and other appropriate technologies are currently being evaluated by the Province; also advising that, in terms of recycling tires, his Department is closely watching the developments in other provinces, and also that the working group of the Canadian Council of Ministers of the Environment (CCME) is addressing the issue of how whole tires can best be stored to prevent the type of fires which have occurred in Quebec and Ontario and its report should be available over the next few months; and further advising that, while it is anticipated that it will take three to five years to develop regional disposal sites throughout the Province to manage municipal solid waste, the regions of Fredericton and Nepisiquit/Chaleur, which are now operating waste disposal facilities, are presently evaluating in cooperation with the Province shredding and other appropriate technology to manage used tires -- be received and filed and a copy be forwarded to the appropriate City departments. Councillor Coughlan suggested that a copy of the above report should be forwarded to the Environment Committee for information. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the Saint John area MLA's inviting members of Council to an Old-Fashioned New Brunswick Day Picnic in the Park on Monday, August 6, at the New Brunswick Museum and adjacent park, and requesting the City's assistance in providing extra park benches, garbage containers and advertising through its weekly column in the Saint John newspapers for this event -- be received and filed and Council accept the invitation and respond to the request for assistance. The Mayor advised that the City has responded to the above request and that an advertisement will be placed in the July 24 edition of The Evening Times- Globe newspaper. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letters from members of the Douglas Avenue Citizens Committee, Beverly and Harold Grew, 82-497 COMMON COUNCIL JULY 23, 1990 Virginia 1. Miller, Alastair and Valerie Evans, Investors Syndicate Limited, Doreen C. and David F. Smith, Marjorie Gibson Taylor, Mary B. Jennings, R. L. Boyce, Darlene M. Cosman, Donald F. Taylor and Genevieve McNulty (copies of the latter two letters having been distributed to Council members on this date), concerning the designation of Douglas Avenue as a historical preservation area, Thorcor Holdings Ltd.'s proposal for Deans Hill development, the possible demolition of buildings, and the possible re- zoning of property -- be received and filed and they be informed that, if an application for a Municipal Plan amendment and re-zoning is submitted to Council and a public hearing date is set, they may wish to submit their written objections at that time. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the application of Diesel Power Services Ltd. for an amendment to the June 13, 1988 Section 39 resolution concerning the re-zoning of 660 Brown Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, September 4, 1990. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from The Canadian Red Cross Society requesting the use of the Lily Lake Pavilion on October 13,20 or 27, 1990 to hold its Annual Appreciation Dinner for blood donors who have reached 100 or over -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that Council accept Mr. Vernon E. Stile's letter of resignation as a member of the Planning Advisory Committee as he has been transferred out of the City, and express appreciation to Mr. Stiles for his service to the City, and further that this matter be referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of 047191 N.B. Ltd. for a dining room, lounge and entertainment license, with respect to premises at 88 Prince William Street, will be held on August 2 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that this meeting be adjourned. 82-498 COMMON COUNCIL JULY 23, 1990 Question being taken, the motion was carried. Common Clerk