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1990-08-07_Minutes 82-498 COMMON COUNCIL AUGUST 7,1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, August 7, 1990, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A. Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. Edwards, Acting Director of Works; B. Thompson, Deputy Chief of Police; R. Johnston, Deputy Fire Chief; M. Hanlon, Purchasing Agent; S. Lodhi, Manager of Property Management; Miss D. Murray, Manager of Public Relations; 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 Davis RESOLVED that minutes of the meeting of Common Council, held on July 23, 1990, be approved. Councillor Flewwelling noted that, although reference is made in the above minutes to a five-year term being placed on the purchaser so that the City- owned lands on Chesley Drive would revert to the City at the purchase price if not developed within five years, the amendment to the motion does not so indicate, and suggested that this should be stated in the minutes as part of the motion. Mr. Rodgers, in making the observation that this is the proper time to correct the minutes if necessary, suggested that the minutes should not be approved until the next meeting of Council, if the Common Clerk is unable to confirm at this time whether or not the motion as stated in the minutes is correct or incorrect. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the minutes of the July 23 Council meeting be laid on the table until the next meeting of Council pending clarification of the above matter. Question being taken, the tabling motion was carried. Her Worship the Mayor proclaimed August 10 to 19 as the ten-day celebration of Festival By The Sea - Festival Sur Mer in the City of Saint John. The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the conditions of re-zoning, as adopted on June 30, 1980 and amended on April 9, 1985, to permit the use of the property at 180 Simms Street by a business which is engaged in a printing operation and storage of office furniture and supplies, to permit the existing premises to be used by Lingley Printing Co. Limited, as requested by Lingley Printing Co. Limited, and that no written objections were received in this regard. No person was present with respect to the proposed amendment. Consideration was 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 31 at which the applicant was present and no persons appeared in 82-499 COMMON COUNCIL AUGUST 7,1990 opposition and no letters were received; advising that a new wood fence is recommended to buffer the light industrial use from the residential use and contact will be made with adjacent residents to determine what type of fence would be most appropriate; and recommending that (1) the public hearing be held as advertised but no action be taken on recommendation (2) until the required site plan has been provided for Development Officer approval; and (2) the conditions imposed pursuant to Section 39 of the Community Planning Act on August 9, 1976 and amended June 30, 1980 and April 9, 1985, be deleted and the following conditions substituted:- that the use be limited to the warehousing of office supplies and furnishings and a printing press operation on the condition that: (a) no tractor trailer transport trucks be permitted to transport items to or from the subject site; (b) a site plan be provided for Development Officer approval illustrating the location of parking, access, loading zones, fencing and landscaping; and (c) all site improvements be completed by June 30, 1991. A motion was proposed by Councillor Coughlan and seconded by Councillor Rogers that recommendation (1) above be adopted, such motion withdrawn with the consent of the mover and seconder upon Mr. Bedford's indication that Planning staff and the applicant have met, since the Planning Advisory Committee meeting, and that staff has a plan which both the applicant and staff have agreed to and; therefore, if Council wishes, it would be appropriate to adopt recommendation (2) above. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, the conditions imposed pursuant to Section 39 of the Community Planning Act on August 9, 1976 and amended June 30, 1980 and April 9, 1985, with respect to 180 Simms Street, be deleted and the following conditions substituted:- that the use be limited to the warehousing of office supplies and furnishings and a printing press operation on the condition that: (a) no tractor trailer transport trucks be permitted to transport items to or from the subject site; (b) a site plan be provided for Development Officer approval illustrating the location of parking, access, loading zones, fencing and landscaping; and (c) all site improvements be completed by June 30, 1991. In response to Councillor Rogers, Mr. Bedford advised that the applicant has indicated that he has no problem operating with condition (a) in effect, with the intent being to use smaller trucks. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Planning Advisory Committee regarding the above amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to a proposed Street Closing By-Law amendment to close portions of Valerie and Constance Streets, 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 amendment. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to Valerie and Constance Streets, be read a first time. Mr. Bedford, in response to Councillor Landers, noted that Valerie Street 82-500 COMMON COUNCIL AUGUST 7,1990 which is adjacent to the present Baxter Foods Limited operation, if closed, would become part of the Baxter property, with access to Centennial School to be acquired across property indicated on the map as 41095 and 5504849, such being part of an agreement approved by Council on July 9. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to Valerie and Constance Streets, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that the letter from Councillor Fitzpatrick regarding the increased traffic flow at the corner of Manawagonish Road and Manchester Avenue which is developing into a serious safety problem both because of the speed of traffic and the poor visibility due to the curvature of Manawagonish Road and the tree-lined nature of the area; and recommending that the Traffic Engineer and the Police Department monitor the situation and look into the necessity of installing traffic lights in the near future -- be referred to the City Manager for a report at the August 20 meeting of Council. Councillor Knibb suggested that, on the basis of his information that no serious traffic accidents have occurred at the above intersection, the installation of traffic lights is costly and also impedes traffic. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that the letter from Councillor Fitzpatrick requesting that the City Solicitor inform Council of any by-laws that would help to reduce the annoyance created by motorcycles without proper mufflers and that the Police Department enforce same; and the letter from Mary Dowd bringing to Council's attention the high level of noise on Douglas Avenue because of heavy automobile traffic and, in particular, from motorcycles; and asking Council's support in the form of a by-law to restrict noise, accompanied by signs -- be received and filed with a further report to be submitted at the August 20 Council meeting. Deputy Chief Thompson advised that noisy and faulty mufflers are covered under the Motor Vehicle Act; therefore, charges should be laid under the Act rather than under the Noise By-Law, and that he will report to Council at the next meeting on the number of times the Act has been enforced in this regard during the past year. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers 82-501 COMMON COUNCIL AUGUST 7,1990 RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Fire Station #8 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 July 30, 1990 $34,400.00 27,799.66 Nil 22,354.71 $ 5,444.95 Councillor A. Vincent asked the effect on the cost of the City's insurance with the placement of the tanks inside Fire Station #8 rather than underground outside, to which Mr. Lodhi replied that the installation meets the Department of the Environment requirements and that he is unaware of any change in insurance cost. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 90-1 - Lovalist Plaza Nautilus Construction & Rentals Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated July 31, 1990 Final holdback release $57,089.00 67,958.39 Nil 55,322.31 $12,636.08 Councillor Flewwelling asked the amount of the next lowest tendered amount in view of the additional costs on the above contract and why the additional evacuation was not done by City forces, and Mr. Armstrong explained that approximately $2,000 will be reimbursed to the City through an insurance settlement resulting from a tractor-trailer truck accident on Dock Street subsequent to the above tender call, and that the replacement of sod in the area immediately adjacent to Barbour's Store, necessitated due to winter damage, is the prime area of additional cost and that, as the contractor was already on site, the easiest way of handling the problem was to have the contractor do the work. 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 Security Mechanical Ltd., in the amount of $34,570, be accepted for the replacement of two condensers at the Lancaster Centennial Arena. 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 Norman W. Francis Ltd., in the amount of $28,946.09, be accepted for the supply and installation of two dehumidifiers at the Belyea Arena to replace the existing unit. 82-502 COMMON COUNCIL AUGUST 7,1990 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 Mic Mac Agencies Ltd., in the amount of $634.00 per suit, be accepted for turn-out clothing for the Fire Department. 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 90-13, crackfilling asphalt pavement - 1990, be awarded to Road Savers Maritime Limited, at the tendered price of $26,000, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor A. Vincent noted that, as in the above tender for turn-out clothing, the only two tenderers for contract 90-13 are located outside the Province of New Brunswick, and asked if the City bid on the asphalt work, to which Mr. Robichaud replied in the negative in that the City does not have the specialized gear to do the work. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, contract 90-16, Douglas Avenue reconstruction, be awarded to QM Construction Ltd., at the tendered price of $429,381, and that the Mayor and Common Clerk be authorized to execute the necessary tender documents. The Mayor noted that the above contract represents the completion of the three-year Douglas Avenue reconstruction and, with respect to Councillor Knibb's reference to the total cost of the project, Mr. Robichaud advised that the Douglas Avenue reconstruction cost approximately $1.5 million. In response to Councillor Rogers' comment relating to information updating Council on total tender amounts awarded individual companies, Mr. Taylor advised that, at Councillor Rogers' request, a report in this regard was provided Council members as an information item at the last meeting and that it is staff's intent, rather that update the information on a weekly basis, to do so every month or month and a half. Question being taken, the motion was carried. Read a report from the City Manager advising that three tenders were received for contract 90-17, Orange Street water and sewer construction, as follows: Dean's Construction Limited in the amount of $392,607; QM Construction Limited in the amount of $442,519; and Galbraith Construction Limited in the amount of $486,899, on which the engineer's estimate is $474,779, and that staff has concluded from a thorough examination that the low tenderer does not have the necessary expertise and available resources to complete the work and meet the completion date specified in the contract which requires completion in 70 days; expressing the opinion that the low tenderer has seriously underbid the work and has not allowed for the complexity of the project; and recommending award of the contract to the second low tenderer which in staff's opinion has the necessary expertise and resources to perform the work. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the 82-503 COMMON COUNCIL AUGUST 7,1990 City Manager, contract 90-17, Orange Street water and sewer construction, be awarded to QM Construction Limited at the tendered price of $442,519, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor A. Vincent proposed a motion, which was not seconded, that contract 90-17 be awarded to the low tenderer, and he advised his opposition to the above motion on the basis that, if the City had no intention of recommending the bid of Dean Construction Limited, this Company's tender should not have been opened, and further that this Company has submitted a bid bond and also that, as indicated in the above report, this Company has had several projects with the City and all have been completed to staff's requirements; and he expressed the opinion that the project will not be completed within the 70-day completion requirement and will involve many extras. Mr. Armstrong expressed the opinion that the work can be done within the 70-day period if the contractor is properly organized and prepared and confirmed that there will be extras due to the complexity and extensive nature of the project in that it involves the construction of storm and sanitary sewers and a new watermain on a street which has only one sewer and extensive rock work, and noted that staff is unable to reject a tender before it is opened. Councillor Flewwelling asked if the $65,000 cost in asphalt restoration to be done by City forces is included in the total allowance of $413,000 provided in the capital program for the entire project, to which Mr. Armstrong replied that, while the latter amount was estimated during preparation of the capital program, when staff became involved in the details of the project, the complexity of the work escalated to the amount indicated. Question being taken, the motion was carried with Councillors Flewwelling and A. Vincent voting "nay". Consideration was given to a report from the City Manager advising that Wallace Equipment Ltd. has advised that, due to an error by one of its suppliers, it cannot meet the City's specifications and therefore cannot supply a replacement track dozer at a cost of $144,866.40, the tender having been awarded on June 18, and that staff has discussed this matter and agrees that the specification changes render its unit unacceptable; also advising that the second lowest bidder was Lounsbury Industrial Ltd. at a cost of $166,495.56, and that funds are available in the 1990 capital budget to cover the additional cost of $21,629.16; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) the award to Wallace Equipment Ltd. of tender 90-7024T for a track dozer be rescinded and its bid deposit be retained by the City; (2) Council authorize the Purchasing Agent to approach Lounsbury Industrial Ltd. with the intent to award the tender to it as per its bid of $166,495.56; (3) if Lounsbury Industrial Ltd. is agreeable to accept the award, Council accept its original bid of $166,495.56 and authorize the Mayor and Common Clerk to execute a seven-year total cost agreement; and (4) if Lounsbury Industrial Ltd. is not agreeable to honour its original bid, the City will re-issue a call of tender for the above-mentioned machine. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Erb Enterprises Ltd., in the amount of $14,500, be accepted to renovate washrooms/shower and improve the electrical/ventilation system at the Works Depot on Mcintosh Street. Question being taken, the motion was carried. Read a report from the City Manager advising that, with Federal funding of $158,060 in place through the Joint Emergency Planning Program (JEPP) for the initial investment and materials and equipment for the formation of a team within the 82-504 COMMON COUNCIL AUGUST 7,1990 Fire Department to respond to situations involving hazardous materials, tenders were called for the hazardous materials unit and a shower trailer and, during the review process of the tenders, it was found that the price of the units was substantially higher than had been estimated and the actual cost of this project was now approximately $427,000 rather than $316,000, and that staff examined areas where funds were available or from which they could be obtained to overcome this $111,000 difference; also advising that, given the Province's wish to establish such units throughout the Province, the Deputy Fire Chief has obtained a commitment from the N.B. Emergency Measures Organization that it will purchase a decontamination shower trailer and make it available to the City as required, thereby making it unnecessary for the City to make this purchase and, as well, negotiations are ongoing with the Province which may result in the City being reimbursed for all capital costs over the next few years; and further advising that the City's total cost of this project is approximately $210,000 for which $158,060 is included in the 1990 capital budget and the balance of approximately $52,000 requires additional funding from the capital budget; and submitting a recommendation in this regard. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the City proceed with the purchase of the hazardous materials unit from G. R. Patstone Ltd., Saint John, N.B., at the tendered price of $172,000, plus tax, and that the tenders for the shower trailer be rejected and the bidders be thanked for their interest. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the low tenderer, Maine, Ind. & Tech. Sales, for a high-pressure compressor for the Fire Department, does not meet specifications in that it did not include installation which was a requirement and that, although the second lowest tenderer, Safety Supply Canada Ltd., meets all tender specifications, it was determined that the City's best interests would not be served by accepting it, having considered the total cost to the City which includes after sales service and the service response time to maintain this vital piece of equipment, as the Company service is available out of Halifax and has a minimum response time of 48 hours; and recommending award of the tender to the third lowest tenderer, Cores Group Ltd., which meets all bid requirements, has service available locally and, based on previous experience with this Company, has a response time of less than two hours. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Cores Group Ltd., in the amount of $16,913.20, be accepted for a high-pressure compressor for the Fire Department. Deputy Mayor Gould asked if the tender document clearly sets out the requirements for service and response time to which Mr. Hanlon replied that the tender call indicates that the City reserves the right to award the contract in the best interest of the City of Saint John; therefore, in so doing, the service, the parts, the price and the response time must be considered as they represent costs; and further that, while the requirement for service to be available locally was not stated in the tender call, it is a cost factor which must be considered in recommending award of the tender on the basis of the best value for the City, the latter which is referred to in the tender call. In response to Councillor Fitzpatrick, Mr. Hanlon clarified that the reference in the above report to an amount of $18,773.65 as being the total cost of the above tender award includes the sales tax. Question being taken, the motion was carried with Deputy Mayor Gould and Councillor A. Vincent voting "nay". On motion of Councillor Knibb 82-505 COMMON COUNCIL AUGUST 7,1990 Seconded by Councillor Rogers 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 July 11-17, 1990 -supply of asphalt July 18-24, 1990 $92,896.46 $89,122.27 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that two items (which were considered in Committee of the Whole earlier this date), with respect to the appointment of an Acting Plumbing Inspector and the Preservation Review Board's proposal for a Douglas Avenue study, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Mr. Richard Armstrong be appointed Acting Plumbing Inspector until May 10, 1991. Councillor A. Vincent asked when Council can be assured that an assistant plumbing inspector will be hired to which the Mayor replied that the situation will be monitored to determine the need. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that Council endorse the decision of the Preservation Review Board to reallocate the $10,000 designated for the Upper Floor Study from its 1990 budget to be used for the Douglas Avenue Study as a potential heritage preservation area. (Councillor Davis withdrew from the meeting due to a possible conflict of interest. ) During discussion Mr. Bedford explained that the Study would involve a technical review of each building separately as well as a determination of whether or not individual buildings fit together to develop a streetscape, as well as discussion with Douglas Avenue property owners, with a public meeting to be held at the beginning of the process, ongoing discussion throughout the process and a final meeting at the end of the process so that the neighbourhood residents and property owners are totally aware of what is being proposed by the consultants, following which the consultants would make a recommendation to the Board which would, in turn, make a recommendation to Council and that a public hearing would be held by Council prior to making a decision on how to designate Douglas Avenue. Councillor Fitzpatrick, in expressing concern about utilizing the funds intended for the Upper Floor Study, asked if the Douglas Avenue Study could be done by City staff rather than engaging consultants to which Mr. Bedford replied that the Heritage Planner, who will be coming on staff in mid-August, will be involved mainly in providing professional recommendations to the Preservation Review Board on ongoing development; therefore, projects such as the Douglas Avenue Study require additional assistance, and further that the Upper Floor Study would be completed with consulting help and 82-506 COMMON COUNCIL AUGUST 7,1990 that, while twelve months would be required for the Heritage Planner to integrate the Douglas Avenue Study as part of his work, a consultant could complete the Study in two months. Councillor Flewwelling asked why the Heritage Planner would need a year to complete the Douglas Avenue Study, in view of the fact that much of the initial work has been done; and Councillor Fitzpatrick suggested that the Heritage Planner should for the first two months of his employment complete the Douglas Avenue Study thereby allowing the $10,000 to be used for the Upper Floor Study, the latter to which Mr. Bedford replied that, in identifying the overall 1990 work program for the Heritage Planner, it was necessary to review everything for which he is responsible, with one of the premier roles being to have a very close working relationship with persons in the community who want to change and renovate their buildings; therefore, in the current year until November, a major portion of the Heritage Planner's time will be spent in this manner leaving a very small portion of time to do a specific report and, if his priorities are changed and he does a specific report, his work with the public will suffer. With regard to the $10,000 amount budgeted for a study, Mr. Bedford advised that, as there is basic information available concerning Douglas Avenue, it is hoped the study can be done for $10,000 and that a call for proposals will be advertised; and the Mayor expres- sed the opinion that, prior to engaging consultants, a meeting should be held with residents of Douglas Avenue to ensure they understand what a heritage designation involves; and Councillor Rogers, a member of the Board, advised her intent to make the Board aware of the Mayor's opinion at its meeting on August 8. Question being taken, the motion was carried with the Mayor and Councillors Fitzpatrick, Flewwelling and A. Vincent voting "nay". (Councillor Davis re-entered the meeting.) Councillor Coughlan asked if, as he had proposed to move a motion to adopt as a block all of the recommendations in the City Manager's items on the agenda of this meeting as they are administrative and operational matters, the Nominating Committee has given consideration to his June 25 suggestion with respect to forming a Council committee to review this matter, to which the Mayor replied that this will be considered at the next Nominating Committee meeting. Councillor A. Vincent noted that he was not present at the public hearings with respect to the forthcoming by-law amendments. (Councillor A. Vincent withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Amend 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: CHARLOTTE STREET: - 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 and more particularly described as being the entire portion of Charlotte Street lying south of the prolongation of the southern sideline of Vulcan Street westerly to the western sideline of Charlotte Street - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. (Councillor Coughlan withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis 82-507 COMMON COUNCIL AUGUST 7,1990 RESOLVED that the by-law entitled, "By- Law Number C.P. 100-210 A Law To Amend The Zoning By-Law Of The City Of Saint John", by substituting the figures "65" for "55" in sections 111 (2)(a)(i) and 721 (2)(a)(i), be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-210 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the by-law entitled, "By- Law Number C.P. 100-211 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 120 Range Road (L.R.I.S. Number 55064386), containing approximately one acre on the northwesterly side of Range Road approximately 1000 feet from the St. Martins Road intersection, from "P" Park to "RFM" Rural Mobile Home classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-211 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Coughlan 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 May 7, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Gould, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, the establishment of the Finance Department be increased by adding the position of Financial Analyst at the managerial level of Grade III. Tuesday, August 7, 1990, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the above report be received and filed and the recommendation therein be adopted. 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 82-508 COMMON COUNCIL AUGUST 7,1990 reports Your Committee begs leave to report that it sat on July 23, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, staff call for proposals for insurance coverage with the insurance broker being selected for a five-year period. 2. That as recommended by the City Manager, the Station Street property recently acquired from CNR, save and except that portion used by VIA Rail, be leased to the Saint John Parking Commission under the following terms:- (1) term of lease - July 1, 1990 to June 30, 1995; (2) rental - $20,000 per year payable one-half yearly in advance; (3) each party will have the right to terminate the lease on six months notice and, should the lease be terminated by the City, the Parking Commission would be compensated for any lot improvements, such compensation to be payable using the actual cost of the improvements and straight-line depreciation of 20 per cent per year to the end of the lease regardless of the date the improvements are made; (4) any planned improvements, other than normal maintenance of the property, must receive the prior approval of the Property Management Department of the City if they are to be considered as lot improvements and subject to possible compensation claims; and (5) the Parking Commission will be responsible for payment of all taxes assessed against the property and for all costs necessary for its operation as a parking lot. 3. That as recommended by the City Manager, the City's freehold interest in the land at 320 Princess Street be sold to Mr. David Todd at a price of $7,000 after he has acquired the lessee's interest in the property. 4. That as recommended by the City Manager, the property known as Murder Hill on Prince William Street be leased to Warehouse and Transport Ltd. under the following terms and conditions:- (1.1) the term of the lease will be 5 years; (1.2) the rental will be $1 per year; (1.3) as a condition for granting the lease, the lessee will have plans prepared for development of the parking spaces and have them approved by the Property Management Branch; (1.4) all taxes assessed against the property will be paid by the lessee; (1.5) in the event the City has an alternate use for the property, the lease may be cancelled on 6 months notice and the lessee will be compensated for the outstanding balance of the capital improvements for development of the parking lot, which will be written off at the rate of 20 per cent per year; (1.6) the lease will include a clause permitting a renewal under the same terms and conditions except that the rent will be equal to the net rent that would be received from the property if operated by the City as a parking lot; and (2) Common Council resolution of January 20, 1986 turning over the property to the Parking Commission for administration be rescinded. 5. That as recommended by the Nominating Committee, Herbert F. Doucet and Sharon A. Woodhouse be appointed to the Saint John Aquatic Centre Commission for a term to expire June 30, 1993. 6. That as recommended by The Saint John Jeux Canada Games Foundation, Inc., Harry P. Gaunce, Richard H. Oland and James A. MacMurray be re- appointed to the Board of Governors of the Foundation for a term ending December 31, 1992, or until their successors are appointed. 7. That as recommended by the Nominating Committee, Donald LeBlanc be re-appointed to the Board of Directors of Saint John Non-Profit Housing Inc. for a term to expire June 30, 1993. 8. That as recommended by the Nominating Committee, Dayle Messer and Patricia Hawkins be appointed to the Saint John Transit Commission for a term to expire June 30, 1993. Tuesday, August 7, 1990, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. 82-509 COMMON COUNCIL AUGUST 7,1990 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis 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 Davis 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 Landers RESOLVED that section 4 of the above report be adopted. (Rescinded September 9,1991 Bk. 83 pg. 100 ) Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". (Councillor A. Vincent re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. 82-510 COMMON COUNCIL AUGUST 7,1990 On motion of Councillor Gould Seconded by Councillor Landers RESOLVED that the letter from the Recreation and Parks Advisory Board submitting a letter from The Saint John Symphony requesting a waiver of the fee which is regularly charged to organizations renting the Lily Lake Pavilion with regard to the Symphony's annual fundraising campaign at the Pavilion on July 25 -- be received and filed and a grant in the amount of the rental fee be approved. Councillor Coughlan initially proposed that the above letter be referred for discussion in grants committee in Committee of the Whole, whereupon the Mayor suggested that, in view of the financial situation of the Symphony, the above fee should be waived and clarified that a grant in this amount should be approved. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that the report from the Saint John Parking Commission regarding the proposed Traffic By-Law amendment with respect to parking on Exmouth Street which was given first and second readings on June 18 and on which, prior to third reading, confirmation was to be given that adequate off-street parking exists on Exmouth Street; advising that, at the request of staff, third reading was withheld pending the signing of an agreement between the Parking Commission and the Pentecostal Church by which the Commission would administer a parking lot on property owned by the Church and that a five-year lease agreement dated June 27, 1990 and received on July 11, 1990 has been concluded between the Parking Commission and Crossroads Cathedral Inc. (Pentecostal Church); also advising that a further survey by staff supplements the week-long survey undertaken by the Commission in March 1990, with the determination being that only six vehicles belonging to residents of Exmouth Street are parking on the street during the daytime when a two-hour time limit would be in effect between the hours of 8:00 a.m. and 5:00 p.m., if Council proceeds with third reading of the proposed amendment, and noting the off-street parking availability in the area, with all residents to have access to overnight on-street parking on the north side of the street because the two- hour time limit expires at 5:00 p.m. each day and residents also have access to many vacant lots along the street; therefore, it seems unlikely that any resident would be compelled to apply for a residential parking permit; and recommending that the Legal Department be advised that it is now appropriate to place the amendment to the Traffic By-Law before Council for third reading -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. (Councillor Coughlan withdrew from the meeting.) Read a letter from the Saint John Parking Commission requesting approval of the submitted resolution concerning the appointment of Mr. Adrianus M. Vanden Biggelaar as a by-law enforcement officer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7, and Section 8(1) of the Saint John Traffic By-Law, namely: Adrianus M. Vanden Biggelaar: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or 82-511 COMMON COUNCIL AUGUST 7,1990 until the appointment is rescinded by Common Council: AND FURTHER that the Parking Commission be asked to submit a report with respect to a concern that such person could be acting as a by-law enforcement officer prior to Council's official appointment. Councillor Fitzpatrick proposed that the above matter should be tabled so that Council can be advised of whether or not the above-named person is currently acting as indicated above without Council having officially appointed him on the basis of his concern that this person is not as yet authorized to enforce the By-Laws. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Preservation Review Board submitting a letter of resignation from Board member, Mr. Charles McTague whose appointment expires on June 30, 1991, as well as a letter from Mr. Stephen D. Carson nominating Mrs. Charlene Walsh, Mrs. Pam Innes and Mr. Mark Latour to serve on the Preservation Review Board -- be received and referred to the Nominating Committee for consideration, and Mr. McTague be thanked for his service to the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the City of Saint John Environment Committee requesting Common Council to update the Committee respecting the City's position on recycling and composting -- be received and filed, with a report in this regard to be submitted by the City Manager at the August 20 meeting of Council. Mr. Taylor, in noting that Council in Committee of the Whole on May 22 referred to staff for further review a report concerning a home composting proposal and on July 23 heard a presentation by a local company of a recycling proposal, advised that a report will be submitted to Council on August 20 on the overall process. Councillor Rogers re-iterated her suggestion that Council kits should be photocopied on recycled paper using both sides of the paper. (Councillor Coughlan re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Tibor Halassy, an employee of the Technical Services 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. With regard to Councillor Knibb's concern about the number of City employees retiring on disability, the Mayor noted that the Pension Board is also concerned and is attempting to deal with this matter. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Flewwelling 82-512 COMMON COUNCIL AUGUST 7,1990 Seconded by Councillor Coughlan RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Jane Morrison, an employee of the Finance 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 her permanent disability. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council approve the location of the proposed new street, Hollybrook Court, and the land for public purposes with regard to the Scott Bros. Ltd. subdivision at 1600 Hickey Road; (2) Common Council assent to one or more subdivision plans prepared in accordance with the submitted drawings and showing one or more phases with respect to the street, the land for public purposes and the municipal services easement and any required utility easements; and (3) Common Council authorize the preparation and execution of a City/developer subdivision agreement to ensure provision of the required services. With regard to Councillor A. Vincent's observation that the area of Boyaner Crescent is becoming unsightly because of litter and that staff should take action in this regard, Mr. Robichaud advised that some of the streets have not as yet been turned over to the City and that a report in this regard could be submitted to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that as recommended by the Planning Advisory Committee, (1) the land for public purposes with respect to the Richard MacDonald subdivision at 531 Hillcrest Road be provided in the area of lot #9; and (2) Common Council amend its assent of May 29, 1989, which permitted only a 10- lot Phase One, to permit 12 lots to be developed without the provision of a secondary access. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to a subdivision plan of which a photocopy reduction is attached, with regard to the Doyle Estates Subdivision at 1441 Old Black River Road (L.R.I.S. Number 337295), showing a 15.09 metre (49.5 foot) wide strip of land along the full depth of the lot for the widening of Goldsworthy Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. J. A. Kimball, President of Angus-Miller Ltd. drawing to Council's attention one more time that parking and access on North Market Street is still a very distressing situation, and suggesting that, if a solution cannot be arrived at, perhaps the street should be closed off and held strictly for City Market convenience which would mean that he would have to search for parking elsewhere -- be referred to the City Manager and The Market Square Corporation for a report at the next meeting of Council. 82-513 COMMON COUNCIL AUGUST 7,1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Hughes Surveys & Consultants Ltd. advising that it inadvertently misspelled the street as Corisca on the final subdivision plan of the Monte Cristo Park Subdivision and the plan was filed without this error being noticed, and that the street name submitted to staff, approved by the Planning Advisory Committee and subsequently assented to by Common Council was Corsica Court, as the theme of the Subdivision centres around the Count of Monte Cristo; also advising that, according to the Planning Department, an amending subdivision plan cannot be approved and it was suggested that the Company apply to have Common Council change the street name; and requesting Council's co-operation in obtaining approval of the amending subdivision plan that was forwarded to the Planning Department or taking the necessary steps involved to obtain approval of a name change -- be received and filed and Common Council approve the changing of the name of Corisca Court to Corsica Court. Question being taken, the motion was carried. The Mayor advised that Mr. Taylor has requested that the letter from Lillian Guitard with respect to the placement of a mobile home be referred to the City Manager. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from Lillian Guitard requesting temporary approval for one year for a mobile home to be placed on Reserved Road, as indicated on the submitted diagram, and advising that a one-year permit is being requested because family members who will reside in the mobile home intend to build a house on the property during that time -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from H.H. Hickman & Sons, Limited, commenting in favour of the proposed Thorcor development on Douglas Avenue -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Saint John Construction Association Inc. reinforcing its support for the public tender policy of the City of Saint John and for the policy adopted by a committee of representatives of the Association and members of Common Council on December 20, 1971, with the low bidder to receive the tender regardless of the location of the head office of the particular firm or supplier -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Labatt Sultans Ball Hockey Team requesting Council to waive the rental fee of the Lily Lake Pavilion on August 18 at which time the Team is holding a fundraising event to assist it in competing in the Canadian Ball Hockey Championships in St. John's, Newfoundland, 82-514 COMMON COUNCIL AUGUST 7,1990 on August 28 to September 3 -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Saint John Marina Ltd. advising of its recent purchase of the former Grand Bay Drive-In Theatre lot, and requesting permission to store boat cradles/trailers on this vacant property, having been advised that it can no longer use the Moosehead Breweries vacant lot a short distance away because of complaints from area residents -- be referred to the City Manager for a report at the next meeting of Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk