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1990-10-29_Minutes 82-607 COMMON COUNCIL OCTOBER 29, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-ninth day of October, A.D. 1990, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers and Rogers - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager- Development; 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. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; W. Edwards, Acting Director of Operations; D. Sherwood, Chief of Police; J. McNamee, Assistant Deputy Chief of Police; R. McDevitt, Fire Chief; R. Johnston, Deputy Fire Chief; G. Tait, Deputy Fire Chief; M. Hanlon, Purchasing Agent; J. Baird, Manager - Development Division; J. Adam, Manager of Data Processing; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Lloyd Lake, retired Anglican Minister, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of the Common Council, held on October 22, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the 25th Assumption Boy Scout Troop to whom she briefly explained the Council meeting procedure; commended the Girl Guide organization for its initiative in promoting environmentally-safe soap; advised that a letter and floral arrangement have been forwarded, on behalf of Council, to Miss Saint John Jennifer Ellis, who is competing in the Miss Canada Pageant in Toronto, Ontario, on this date; and proclaimed November to be National Diabetes Month and Crohn's and Colitis Month, October 28 to November 4 to be White Ribbon Week in support of the campaign against pornography, and November 4 to 10 to be National Co-Operative Education Week, in the City of Saint John. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 859 Danells Drive, having a frontage of approximately 75 feet on Danells Drive and an area of approximately 10,990 square feet, from "R-1 B" One-Family Residential to "IL-1" Neighbourhood Institutional classification, to permit the building and property to be used by the Fundamental Baptist Church as a residence for a number of its pastoral staff and for church-related activities, as requested by the Fundamental Baptist Church, and that no written objections were received in this regard. Consideration was given to a letter from Mosher Chedore, solicitors, advising that the applicant, the Fundamental Baptist Church, wishes to withdraw the above re-zoning application as it no longer has an option to purchase the property in question. 82-608 COMMON COUNCIL OCTOBER 29, 1990 On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the application of the Fundamental Baptist Church for the re-zoning of property at 859 Danells Drive, and the letter from the solicitors for the applicant requesting to withdraw the application, 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 183 Range Road (L.R.I.S. Number 55071047), containing approximately 1.25 acres on the southeasterly side of Range Road approximately 2000 feet from the St. Martins Road intersection, from "P" Park to "RFM" Rural Mobile Home classification, to allow the placement of a mobile home, as requested by Mr. Ralph V. Mollins, 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 re-zoning. Consideration was given to a letter from the Planning Advisory Committee recommending that (1) a parcel of land containing approximately 1.25 acres on the easterly side of Range Road approximately 2000 feet from the St. Martins Road intersection, being identified by L.R.I.S. Number 55071047 and having civic number 183 Range Road, be re-zoned from "P" Park to "RFM" Rural Mobile Home classification; and (2) Common Council authorize the advertisement of its intention to consider re-zoning all property fronting on Range Road from "P" Park to "RFM" Rural Mobile Home classification and that the Planning Advisory Committee be requested to prepare a report and recommendation on the proposal. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 183 Range Road (L.R.I.S. Number 55071047), containing approximately 1.25 acres and located on the southeasterly side of Range Road approximately 2000 feet from the St. Martins Road intersection, from "P" Park to "RFM" Rural Mobile Home classification, 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 Gould 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 183 Range Road (L.R.I.S. Number 55071047), containing approximately 1.25 acres and located on the southeasterly side of Range Road approximately 2000 feet from the St. Martins Road intersection, 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 Fitzpatrick RESOLVED that the matter of the proposed re-zoning of all property fronting on Range Road, from "P" Park to "RFM" 82-609 COMMON COUNCIL OCTOBER 29, 1990 Rural Mobile Home classification, 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 December 10, 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed re-zonings be received and filed. Question being taken, the motion was carried. Shirley McAlary, President of Saint John Central Business Development Corporation, presented the Corporation's 1991 program and budget, in keeping with section 4 of the Business Improvement Areas Act of the Province of New Brunswick, the 1991 budget having been approved by the Corporation's Board of Directors and by the general membership at a meeting on October 16, and providing for a business improvement levy in the amount of $200,000 representing 10 cents per $100 assessment on 1991 property values, the 1990 levy having also been 10 cents, and a total revenue of $257,000, and expenses in the amount of $257,000; and commented on the Corporation's projects completed in 1990 and proposed projects for 1991, as included in the previously-submitted 1991 Program and Budget proposal. Ms. McAlary requested Council to proceed with the necessary steps to advertise and approve the 1991 budget. Her Worship the Mayor expressed appreciation to the members of the Corporation for continuing to positively promote the uptown area of the City, and suggested that, as a Christmas project, businesses could be encouraged to decorate the light standards in the uptown area, and also that the City should conduct horse/sleigh/buggy rides during the Christmas events; and Ms. McAlary advised that it is hoped that The Power Commission of The City of Saint John can coordinate the November 30 Christmas Tree Lighting Ceremony so that all lights are turned on simultaneously. In response to Councillor Rogers, a member of the Preservation Review Board, Ms. McAlary explained the procedure for boundary expansion and confirmed that the Preservation Review Board's guidelines are recognized, and advised that the Corporation could look into the possibility of establishing bicycle routes. Ms. McAlary responded to Council queries on the matter of doubtful accounts as indicated in the submitted budget and explained that, as Brunswick Square is interested in renting for retail the space now occupied by the Corporation, the Corporation anticipates, upon relocating, a rental increase from the current $200 per month to between $600-$700 per month; and, as to whether or not a boundary expansion would affect the 1991 revenue, Ms. McAlary advised that, it is possible that, if the Corporation is successful in this regard as a result its meeting on October 30, a revenue increase of $17,000 could result as of January 1, 1991. With regard to queries concerning the purpose of the $700 budgeted for dues and the status of the current budget, Ms. McAlary advised that the Corporation pays dues to the Provincial Business Improvement Area and is a member of the Board of Trade, and that the Corporation will, as in past years, have a surplus at the end of the year to carry over into the next year. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that authority be granted for the necessary advertising with respect to the 1991 budget of the Saint John Central Business Development Corporation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling 82-610 COMMON COUNCIL OCTOBER 29, 1990 RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Craig Norris who attends Lakewood School with regard to having sidewalks placed from Blindman's Lake to Lakewood Daley's Store, and recommending that this matter be reviewed and referred to the appropriate staff for budget time -- be referred to the City Manager for consideration by the budget committee. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting a letter from the President of New Brunswick Crafts Council, Inc., requesting Council's support once again in the form of a monetary award for Best Booth in the November 24 Annual Saint John Christmas Sale of Fine Craft -- be received and filed and a monetary award of $100 for Best Booth be approved. The Mayor advised that an award of $100 was approved by Council in 1989. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting information from The Wright Gallery of Port Hawkesbury, Nova Scotia, regarding a 28" x 40" oil on canvas framed J. Franklin Wright painting entitled "The Marco Polo Leaving Liverpool - 1852" and a photograph of same, the price of the painting being $18,500 -- be referred to Mr. Barry Ogden of the Marco Polo group and The Wright Gallery be advised that the City is unable at this time to consider the purchase of the painting. The Mayor advised that she has requested the City Manager to consider budgeting an amount for the purchase of art work in view of the City's practice at one time to do so. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the City Manager's recommendation for the appointment of an Acting City Manager, and the terms of reference for the Port Development Commission (which were considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Councillor Rogers requesting that staff investigate and report to Council on the possibility of installing street lighting on Churchill Boulevard leading to the Regional Hospital on the basis that such lighting would improve the safety of emergency vehicles, as well as the general public, travelling to the Hospital -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb 82-611 COMMON COUNCIL OCTOBER 29, 1990 Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor Landers requesting that the City Manager instruct the appropriate staff to provide Council with information on what has happened so far in the area of Hill Heights Road with respect to the installation of a water line and an apparent Council decision that the two sections of Hill Heights Road were not to be connected so that residents will know what is happening in this area; and submitting questions for staff's response -- be received and filed. Mr. Robichaud, in response to the questions in the above letter, advised that the water line was needed in order to eliminate a pump station on Hill Heights Road and to give better fire flows to that area, plus added reliability, and that this work was carried out in 1988 as a Capital Budget project, estimated at $92,000, at a cost of $107,000 for the actual construction of the watermain and $9,000 for the asphalt work. With regard to the need to remove vegetation, Mr. Robichaud explained that, when a water line is installed, approximately 30 to 40 feet of work space is needed in order to operate the equipment and install the line, and that the opening was cut on an existing street right-of-way, and further that, prior to installing the watermain, there was a remnant of a road in the area and, in installing the water line, the excavated material, rather than being taken away, was spread within the right-of-way which would, hopefully, become part of a road that could be built in the area and that, while it is his understanding that Council indicated that it did not want a road to connect Hill Heights Road to Crown Hill Road, there is an opportunity to build a road from Hill Heights Road down to form a cul-de-sac without connecting it to Crown Hill Road, an area in which lots could be developed. Mr. Robichaud also explained that, with regard to the elevation of the area, the pipeline was installed, considering the potential for building a road and the grades required for a future road, relative to the future proposed grade and, in order to blast as little of the rock as possible, the pipeline was placed about two feet down into the rock and the gravel placed so as to form a berm which would be equal to an elevation that would be set for a future road; and also advised that the pathway to connect Crown Hill Road to Hill Heights Road, which would be used by Crown Hill residents and Rowanberry Terrace to access the playground, will be completed this fall and will consist of a six-foot wide asphalt path with six feet of sod on each side thereof and the remainder of the ground beyond that to be hydroseeded, and that the cost of the walkway is $25,000, with the cost of the watermain having nothing to do with the walkway. The Mayor noted that this matter was the subject of a presentation to Council in open session; and Deputy Mayor Gould, in referring to his and Mr. Armstrong's recent meeting with residents of the subject area, noted the unsightly condition of each end of the so-called cul-de-sac to which Mr. Robichaud replied that the proposed action should be more than adequate to improve the appearance of the area. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the letter from Councillor Flewwelling asking that Council and the public be informed as to what is taking place on the traffic medians on Chesley Drive where the lawns are being excavated and it appears that the same earth is being moved to another median on the same street -- be received and filed. (Councillor Fitzpatrick withdrew from the meeting.) Mr. Robichaud explained that, as a backhoe is being used to excavate the material, the contractor is unable to remove accurately the four inches of grass and four inches of material, as specified in the contract, and is over-excavating the material and will use some of the excavated material to build the median back up by hand so that a four-inch depth exists and subsequently place topsoil and sod, as well as approximately 15 trees along the median; and confirmed the Mayor's observation that staff intends on October 30 to look at the recently-paved section of Douglas Avenue to determine if it meets the standards. Question being taken, the motion was carried. 82-612 COMMON COUNCIL OCTOBER 29, 1990 On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the letter from Councillor Flewwelling asking that Council be informed as to the regulations governing parking on Manawagonish Road, especially between the area of Pickard Street and Purdy's Corner -- be referred to the City Manager for a report to Council. Councillor Flewwelling referred to the recent installation of no parking signs along Manawagonish Road and the resultant ticketing of vehicles, and asked the authority for the prohibition on the basis that, on February 3, 1986, Council gave first reading only to a Traffic By-Law amendment relative to parking on Manawagonish Road. Councillor Rogers asked that the City Manager also look into the matter of street lighting improvement on Manawagonish Road. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that in the absence of the City Manager, Mr. Daryl Wilson be appointed as Acting City Manager from November 1 to November 4, 1990 inclusive. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager recommending that Council approve and adopt the change of name for the Saint John Port Development Commission to the Saint John Harbour Development Commission and its revised terms of reference, the latter having been presented to Council on October 27 by Mr. Edwin Graham, Chairman of the Saint John Port Development Commission, at which time it was suggested that a name change should take place, and advising that the Commission will fully develop its program related to its mission and will present this program to Council in the near future. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that Common Council approve the change of name of the Saint John Port Development Commission to the Saint John Harbour Development Commission and adopt its submitted revised terms of reference. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Standard PavinQ Supply of asphalt October 3-9, 1990 _$39,329.50 Maritime Limited Supply of asphalt October 10-16, 1990 $77,116.77 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 89-18 Variable Speed Pump Controls SewaQe Lift Stations 82-613 COMMON COUNCIL OCTOBER 29, 1990 O'Brien Electric Co. Ltd. Original estimated value of contract Total work done, Estimate Number 3 (Final) Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated October 17, 1990 Final holdback release $134,140.00 123,580.00 Nil 102,969.00 $ 20,611.00 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 Wayne Erb Builders Ltd., in the amount of $18,537, be accepted for washroom renovations at the Lily Lake Pavilion. (Councillor Fitzpatrick re-entered the meeting.) Councillor Fitzpatrick asked the reason for substantially more work being required than originally provided for in the 1990 operating budget to which Mr. Robichaud expressed the understanding that the cost increase from the estimated $8,000 to a revised estimate of $16,000 is attributable to the washrooms now being able to accommodate paraplegic persons. 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 the Water and Sewerage Department, in maintaining the City's water and sewerage system, operates 365 days of the year and the cost of performing routine maintenance is considerably more when excavating through frost or rock and that, in 1989, a rock breaker was rented for the months of January, February and March and attached to a rubber-tired hydraulic excavator which is mobile without the need for a float; explaining the three reasons identified for the rental of a rock breaker, and why it would be in the best interest of the city to own a hydraulic rock breaker as opposed to renting, and that a suitable rock breaker would cost approximately $30,000; and recommending that Common Council authorize tendering for a hydraulic rock breaker for the Water and Sewerage Department and that funding be provided from the 1990 Water and Sewerage Operating Budget, and further that the results of tendering be presented to Common Council for action -- be received and filed and the recommendation adopted. Mr. Butler advised that the cost to rent a rock breaker for the three- month period in 1989 was $2,800 per month, or $9,300 including tax and that, subsequent to laying off the rented unit, a rock breaker was also rented, at a cost of approximately $19,000, for installing new water services, representing a total cost in 1990 of close to $30,000; however, in a more normal year, at least $15,000 would be expended in renting this type of unit. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager referring to Council's discussion on January 22, February 7 and June 25 on the subject of truck routes and the determination that a complete review of these routes would be in order; advising that, in view of changes since the enactment of truck route legislation in 1975, staff has done an extensive review of truck routes resulting in the submitted revised legislation for Council's consideration, recognizing that the 82-614 COMMON COUNCIL OCTOBER 29, 1990 revised truck routes will bring legislation in line with improvements in the street network but cannot relieve all the problems associated with truck traffic in every specific local area; also advising that, while it has been possible to divert trucks away from a particular area by offering them a better alternate route, in too many instances it has not been possible due to the diverse and well-established mixture of land uses which do not allow for truck access except through a residential area and, similarly, problems may continue to occur in some residential areas, such as Champlain Heights, until a good alternate route is established in that area; submitting a list of proposed truck routes using the following criteria: (a) use of arterial or collector street network, (b) limit disruption of residential area, and (c) safest and most efficient routes for truck use; and recommending that the submitted amendments to the Traffic By-Law be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. Mr. Armstrong, in response to Deputy Mayor Gould, confirmed that only the portion of Millidge Avenue between Somerset Street and University Avenue is proposed as a truck route and that Baxter Foods Limited's trucks, for example, can use the shortest distance to their destination from the truck routes, which will mean using Ropewalk Road and, with respect to Deputy Mayor Gould's reference to the June 25 receipt of a petition from Ropewalk Road residents and his concern about routing trucks through this area, advised that it is staff's opinion that Ropewalk Road can withstand the amount of trucking it is receiving and is the safest, shortest distance between, in effect, the truck routes to the point of destination, being Baxter Foods Limited. Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, further to Council's consideration on September 4 of a petition from residents of Cranston Avenue requesting removal of a parking restriction on the west side of Cranston Avenue, staff concurs with the residents' point of view that there has been a significant change in status which would now permit parking on one side of the street and there is sufficient street width to allow for this and, accordingly, recommends that the Traffic By-Law be updated to reflect the changing conditions on Cranston Avenue, with parking not to be allowed on the one-way access ramp between Somerset and First Streets; and recommending that the submitted amendment to the Traffic By-Law be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A 82-615 COMMON COUNCIL OCTOBER 29, 1990 By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager advising that some residents of Newman Street have requested a parking restriction on one side of the street and that, as Newman Street is an insufficient width for the existing two travel lanes plus two parking lanes, staff proposes to correct this situation by the application of a parking restriction on the north side of the street; also advising that inspections of the area have verified that there are better off-street parking facilities on the north side between Adelaide and Elgin Streets, and apartment units west of Elgin Street provide off-street parking for tenants; and recommending that the submitted Traffic By-Law amendment be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". Consideration was given to a letter from the City Manager advising that Scott Bros. Ltd. has now completed part of the work provided for in the Subdivision Agreement with regard to Eastwood Park Subdivision, Phase 4, such work estimated at $308,000, and the remaining work valued at $49,000 consists of portions of the asphalt paving, concrete curbs, sidewalks and a pedestrian walkway, and recommending a reduction of security. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Eastwood Park Subdivision, Phase 4, be reduced to $49,000 from the existing amount of $357,000. Question being taken, the motion was carried. 82-616 COMMON COUNCIL OCTOBER 29, 1990 Consideration was given to a letter from the City Manager advising that 045489 N.B. Ltd. (now Villa Ridge Construction Ltd.) has now completed part of the work provided for in the Subdivision Agreement with regard to Villa Estates, Christina Court, such work estimated at $67,400, and the remaining work valued at $10,100 consists of installation of part of the underground power system, and recommending a reduction of security. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Village Estates - Christina Court be reduced to $10,100 from the existing amount of $77,500. 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, further to the October 22 request of Lana Berryman to place a mobile home on Old Black River Road, the proposed mobile home is similar to a granny suite and that the area is zoned for mobile homes and the Provincial Department of Health could permit the proposal on a temporary basis if the use of the existing well and septic tank were shared; suggesting that, while this proposal is recommended for approval, a review of this type of application by the Planning Advisory Committee may be an alternative to pursue in the future, and recommending that Lana Berryman be given permission to locate a mobile home at 945 Old Black River Road on condition that the existing well and septic tank systems are shared with the existing house -- be received and filed and the recommendation adopted. Mr. Brown advised that the previously-requested report concerning mobile homes located on a temporary basis is expected to be submitted to Council at its next meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager submitting a list of Provincially-Designated Highways within the City's boundary for which funding is needed in the next five years, the Province having committed an annual payment of up to and including the year 2000 of $91,875.33 in regard to the upgrading of Bayside Drive, such amount included in the annual designated highway funding payment; advising that a brief has previously been prepared and submitted to the Province and to the local MLAs indicating that Provincial funding for the designated-highway system must be sufficient to provide a reasonable rate of renewal of all roads in the inventory, in that an annual expenditure of approximately $570,000 (1989 dollars) should be spent on resurfacing alone in order to maintain a reasonable life cycle for this inventory, and that, as indicated in the submitted recommended 5-year program, the total estimated cost of the program is $6,670,000, and that, if the Province is to adequately maintain its street inventory and meet its commitment regarding Bayside Drive, approximately $1.5 million must be made available annually for Provincially-designated highways maintained by the City on behalf of the Department of Transportation; and recommending that Council adopt the submitted Provincially-Designated Highways 5-year Capital Improvement Program for the years 1991-1995 -- be received and filed and the recommendation adopted. The Mayor suggested that funding for Provincially-designated highways should be included for discussion in a brief being prepared by the Cities Association for presentation to the Provincial Cabinet due to inadequate funding being received for their maintenance, and Mr. Robichaud confirmed that the Provincially-designated 82-617 COMMON COUNCIL OCTOBER 29, 1990 highways within the City are those which are in the worst repair. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager explaining that the difference of $843,000 than the $1,940,000 costs contained in the five-year proposal of Digital Equipment for the supply and installation of certain computer hardware and software as well as the maintenance charges on this hardware and software is attributable to system upgrades that were recommended by Digital as the City did not contract for these upgrades and chose to reappear before Council on an as-required basis as long as costs were within the five-year plan and staff would not recommend contracting with Digital for major upgrades based on forecasted future growth, but nevertheless the upgrades with respect to disk storage and main memory were anticipated as more users to the system were added; advising that the City now has approximately 200 devices attached to the system and it is now handling all the word processing needs and financial processing, and that the storage of data and machine utilization is now exceeding staff's estimates and the City's current requirements are exceeding Digital's recommended standards by more than 10% and, not only is the City exceeding its estimate of machine utilization and disk requirements, it is believed that Digital Equipment underestimated the disk requirements of the LGFS (financial) software; also advising that City staff, along with Digital, has been reviewing the situation on a continual basis and, while the original plan called for an expenditure of $157,405 in the second year for disk storage and memory, the recommended upgrade has been reduced to $107,071.69 which would be in addition to the 1990 Capital Budget but will reduce the amount that otherwise would have been submitted in the 1991 Capital Budget and, in addition, staff anticipates avoiding $3,200 of G.ST because of the urgency of delivery; and recommending that the City acquire additional disk storage from Digital Equipment of Canada, in concurrence with the five-year plan, for an amount not to exceed $107,071.69 plus applicable taxes -- be received and filed and the recommendation adopted. Mr. Wilson explained that the above represents a continuation of the five-year plan presented to Council in June 1989 and noted that, as indicated in the submitted anticipated expansion for years 2, 3, 4 and 5, the expenditure was anticipated to be much more than that recommended. Mr. Wilson advised that staff did not expect to be expanding so soon as the projections were for 1991; however, Digital will provide the expanded disk space at a lower price than otherwise would have to be paid if the acquisition were being made in 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager referring to discussion at Council's meetings of October 15 and October 22 with respect to the City's annual equipment auction; advising that it has been the practice to seek the services of an auctioneer by issuing a public tender or proposal call and selecting the one which was most beneficial to the City and that, while for many years the City used the services of local auctioneers, companies which were experienced in the estate auction field but not in the sale of equipment, in 1986 and 1987 as a result of a public tender call the auction was conducted by Cameron Industrial Inc. of Taymouth, N.B., which did an excellent job and obtained substantially higher bids than anticipated, and that in 1988, being the only respondent to the City's proposal call, Cameron Industrial Inc. again conducted a very good sale on the City's behalf; also advising that, when it came time for the 1989 and 1990 sales, staff 82-618 COMMON COUNCIL OCTOBER 29, 1990 considered the performance of Cameron compared to the City's local auctioneers for an equipment auction and reviewed Cameron's performance in the previous years on the City's behalf, and concluded that it would be in the City's best interest to once again engage the services of this Company to conduct the sale, the decision to negotiate with Cameron Industrial Inc. having been made by the Purchasing Agent after receiving input from the Supply and Services Department; submitting a record of the auctions held since 1984 and a detailed list of the 1990 auction which contained 107 pieces; and concluding that, given the lack of responses to the proposal call and the more than satisfactory performance of Cameron, the decision was made to negotiate, which is in keeping with Common Council resolution of March 18, 1974 (a copy of which is submitted) which allows staff to forego the tendering process and obtain quotes where the number of potential bidders is limited; however, as a concern has now been raised over staff's action in this regard, a set of terms and conditions will be established and a public tender call will be issued to obtain the services of an auctioneer before the 1991 auction takes place -- be referred to the City Manager for a further report. The initial motion proposed by Councillor Knibb and seconded by Councillor Coughlan was to receive and file the above report. Councillor Flewwelling expressed his dissatisfaction with the above report on the basis that, having estimated costs of the items to be auctioned as advertised in the newspaper, he arrived at a total of $140,000 as the estimated cost of the equipment to be sold which indicates to him that, if it were the desire to enhance the auctioneer's image, the estimated value could be lowered; and expressed the understanding, based on discussion with several auctioneers in the City, that the last invitation to tender was in 1985 and that the stipulations for tendering were very difficult, those in 1986 indicating that the auction had to be advertised in all major newspapers and carry the City crest; however, the advertisement for the recent auction was placed by the auctioneer in only one newspaper and the City crest was not used. Councillor Knibb, the mover of the motion to receive and file the above report, proposed that the matter be referred to the City Manager for a further report in view of information related in Committee of the Whole earlier this date in this regard. Councillor Fitzpatrick asked if there is an explanation as to why the estimates are so much lower than the market value to which Mr. Hanlon replied that the estimates are prepared by Supply and Services staff, taking into consideration the condition of the equipment and prices paid the previous year for similar equipment, and that, as City equipment is not in the best of condition when sold, its value is quite low. Question being taken, the referral motion was carried. Consideration was given to a report from the City Manager advising that, although each year a tender has been called for the supply of sand and gravel as required over the 12-month period of November 1 to October 31, gravel pit permits are valid on a calendar year basis of January 1 to December 31, which meant that tenders have been awarded to companies which may have had permits at the time of the tender award in October but did not have them renewed in January and that, to overcome this problem, the Purchasing Agent met with the Building Inspector and the Directors of Works, Water and Sewerage Services, and Supply and Services, as well as the Municipal Operations Budget Officer, with the results of the meeting being that (1) tenders would be called for the six- month period of November 1, 1990 to April 30, 1991; (2) it would be made a condition of the tender that, where required, bids would only be considered from those who have a valid excavation permit under the Zoning By-Law; and (3) new tenders would be called in the spring of 1991 for the 12-month period of May 1, 1991 to April 30, 1992; and also advising that, having called tenders for the supply of material from November 1, 1990 to April 30, 1991, 8 companies responded to the tender call, 2 of which do not have valid excavation permits and therefore have not been considered for award, and submitting a summary of bids for all other bids. The report further advises that the pits of Simpson and Classic Construction are located outside the City and are not subject to the By-Law governing the operation of gravel pits, therefore, their tenders have been considered as formal and included in the award, and that all prices quoted are subject to the Goods and Services Tax once it becomes effective; notes that the lowest bid received is recommended in all but 2 instances, namely, items 9C and 9D, the lower bid being for clay which does not meet the specifications, and that, in addition to the low bids, the second lowest bid is being recommended for acceptance on those items which the City picks up at the contractors' pit, being items 2A, 4A, 5A, 6A, 6E, 6i, 6M, 7 A, 7E, 7i, 7M and 7Q, which provides the 82-619 COMMON COUNCIL OCTOBER 29, 1990 City with an opportunity to obtain products from the pit nearer to the work location; and recommends that the tender be awarded as indicated in the submitted bid summary. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender for the supply of sand and gravel for delivery as required over the 12-month period of November 1 to October 31, be awarded as recommended in the submitted bid summary. (Rescinded March 11, 1991 Bk. 82 pg. 839 ) Councillor Fitzpatrick asked if the two pits referred to above as not having permits are currently operating, and discussion ensued regarding possible ways to overcome the problem of tenders being awarded to companies which may have permits at the time of the tender award but not renew them in January. (Councillors Coughlan and Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the City Manager advising that Mr. Joseph Flynn, Chairman of the Major Tournament Committee, has requested an over-budget approval of $10,000 based on the fact that the Committee has expended its 1990 budget of $30,000 and that, due to an active season of promotion, the Committee has experienced a need for additional funding; and recommending that the Major Tournament Committee budget be increased by $10,000 for 1990 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the Saint John Port Corporation has requested that the title to the City's cruise ship gangway be transferred to it and, as the City's use of the gangway is very limited, it is the position of staff that this transfer should be made, and submitting a recommendation in this regard. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Saint John cruise ship gangway be transferred to the Saint John Port Corporation under the following conditions:- (1) the gangway will be transferred to it with the Corporation being required to modify it if deemed necessary; and (2) the Corporation will control the use of the gangway and, whenever used by vessels calling at the Port, there will be no charge assessed to the ship or the agent. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding the application of Mr. Claude F. Savoie for a Municipal Plan amendment and re-zoning of 1382 Hickey Road, which was tabled at the public hearing of October 15 with no readings given; advising that the Committee met again on October 23 to consider the conditions prepared by staff and that the applicant was represented by the real estate sales representative, and recommending that (1) the Municipal Development Plan be amended from Low Density Residential to Light Industrial classification for the parcel of land known as part of 1382 Hickey Road, being a portion of L.R.I.S. Number 55007066 and located on the south side of Hickey Road; (2) the same area be re-zoned from "RS-2" One- and Two-Family Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act on condition that an agreement: (a) limits the use to the purposes of a distribution terminal and offices for a parcel delivery service; (b) requires the site to be developed in 82-620 COMMON COUNCIL OCTOBER 29, 1990 accordance with a site plan to be approved by the Development Officer; (c) requires that the street frontage be upgraded to full urban standards as required by the Chief City Engineer; and (d) requires a letter of credit be supplied to the City in an amount equal to the cost of undertaking street improvements required in (c) above; and (3) the site plan be submitted and approved prior to third reading of Council. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, part of the parcel of land at 1382 Hickey Road (a portion of L.R.I.S. Number 55007066), located on the south side of Hickey Road, from Low Density Residential to Light Industrial classification, be read a first time. (Councillor Coughlan re-entered the meeting.) Question being taken, the motion was carried. Read a first time the by-law to amend the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, part of the parcel of land at 1382 Hickey Road (a portion of L.R.I.S. Number 55007066), located on the south side of Hickey Road, from Low Density Residential to Light Industrial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning part of the parcel of land at 1382 Hickey Road (a portion of L.R.I.S. Number 55007066), located on the south side of Hickey Road, from "RS-2" One- and Two-Family Residential to "1- 1" Light Industrial classification, subject to an agreement pursuant to Section 39 of the Community Planning Act, 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 Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning part of the parcel of land at 1382 Hickey Road (a portion of L.R.I.S. Number 55007066), located on the south side of Hickey Road, from "RS-2" One- and Two-Family Residential to "1- 1" Light Industrial classification, subject to an agreement pursuant to Section 39 of the Community Planning Act, be read a second time. Question being taken, the motion was carried. 82-621 COMMON COUNCIL OCTOBER 29, 1990 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 Gould RESOLVED that as recommended by the Planning Advisory Committee, the sum of $1,500 be accepted as payment of money-in- lieu of land for public purposes with respect to lots 90-5, 90-6, 90-7 and 90-8 for the proposed subdivision of 1175 St. Martins Road, with the understanding that payments of $375 on a lot-by-Iot basis are also acceptable. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from J. H. Bamford on behalf of property owners in the general area of Stevens Road, Martinon, expressing appreciation for the recent road, ditch and culvert renewal work in the area, and asking if it would be possible to appropriate funds to do a complete repaving of the entire Stevens Road in the near future -- be referred to the City Manager for consideration in the capital budget. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that, with regard to the letter from The Regional Municipality of Hamilton-Wentworth, Ontario, asking Council's favourable consideration with respect to support for the submitted motion adopted by its Council on October 16 declaring that it is a G.ST - tax free zone, Council adopt its position. Deputy Mayor Gould proposed a motion that the above letter be received and filed, and Councillor Flewwelling confirmed that he seconded Councillor Landers' motion and, during discussion of comments made at a previous meeting by the Commissioner of Finance with respect to the Goods and Services Tax, Councillor Flewwelling clarified that it was his intent to only support the action taken by The Regional Municipality of Hamilton-Wentworth in its declaration in the event that, at some future time, the City of Saint John may be seeking its support on an issue such as VIA Rail. Councillor Davis referred to the FCM Communique (copies of which were forwarded to Council members as an information item) explaining why the Goods and Services Tax could be beneficial to municipalities, and the Mayor, in suggesting that Council should adopt a motion to have a teach-in on the Goods and Services Tax, called for the question on the motion to consider the City a G.ST - tax-free zone, whereupon the intent of the motion was questioned by several Councillors. Question being taken, the motion was lost with Councillors Flewwelling, Landers and Rogers voting "yea" and the remaining members of Council voting "nay". The Mayor called for a motion to adjourn. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Councillor Flewwelling questioned whether the vote had been taken on the G.ST - tax-free zone issue to which the Mayor replied in the affirmative, noting that 82-622 COMMON COUNCIL OCTOBER 29, 1990 the motion was lost on a six to three vote and, at the suggestion that the vote should be taken again, the Mayor called the question on the above-mentioned motion, declaring it lost on a five to four vote, with Councillors Fitzpatrick, Flewwelling, Landers and Rogers voting "yea" and the remaining Council members voting "nay". Common Clerk