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1991-01-14 Council Minutes 82-737 COMMON COUNCIL JANUARY 14,1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of January, AD. 1991, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers and A Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy 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. D. Todd, Director of Housing and Property Management; R. McDevitt, Fire Chief; A Bodechon, Assistant Deputy Chief of Police; Ms. Y. Huntington, Director of Tourism; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Todd Scoville, Pastor of Crossroads Cathedral, offered the opening prayer. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on January 7, 1991, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed January 20 to 26, 1991 to be VON Week in the City of Saint John and, at her invitation, Mr. Clifford Warner addressed Council concerning the services provided by this community health team of registered nurses. Councillor Coughlan asked to make a statement relative to the ongoing labour dispute at Rothesay Paper Limited and that this matter be added to the agenda. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that Councillor Coughlan address Council at this time regarding the above matter. Question being taken, the motion was carried. Councillor Coughlan, reading from a prepared statement, referred to the nine-month labour dispute between Local 601 and Rothesay Paper Limited and its effect on the whole of the Saint John community; and expressed the opinion that, on the eve of the announcement of a national boycott of Irving products, it is incumbent upon Council members, as elected representatives of the citizens of Saint John, to express once again their interest in seeking a resolution of this dispute which, with a national boycott of Irving products, could have effects on other parts of Canada who benefit from gainful employment from one of the many Irving companies. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that Her Worship the Mayor, on behalf of the Common Council of the City of Saint John, immediately express 82-738 COMMON COUNCIL JANUARY 14,1991 to Local 601 and Rothesay Paper Limited, Council's interest in both parties returning to the bargaining table to resolve this dispute. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from Councillor Fitzpatrick referring to Common Council resolution of December 27, 1990 changing one of the conditions of the sale of property at 9 Somerset Street to the Saint John Loan Company to define commencement of construction as being when the footings were in place; expressing the opinion that the reason for the change, which was so as to not in any way impede the procurement of financing, would be a good change to make in the policy to help further development in the City; and requesting that the City Manager report to Council as to whether such a change in policy would be beneficial to the City - - be referred to the City Manager for a report to Council as soon as possible. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 90-13, CrackfillinQ 1990 Road Savers Maritimes Ltd. Original estimated value of contract Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated January 8, 1991 Final payment $ 26,000.00 24,000.00 Nil Nil $ 24,000.00 2. Contract 90-3, Concrete Curb & Sidewalk Construction QM Construction Ltd. Original estimated value of contract Total work done, Estimate Number 5 7 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated January 9, 1991 Partial holdback release $847,564.50 54,060.89 9,700.00 640,951.76 $103,409.13 Question being taken, the motion was carried. Read a letter from the City Manager advising of a request from Mr. Robert G. O'Connell, solicitor for Harold and Viola Stevens, for an easement permitting the encroachment of his clients' building at 47-47 1/2 Elliott Row, upon Elliott Row; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a grant of easement in favour of Harold J. and Viola J. Stevens to permit the encroachment of their building upon Elliott Row, such easement to terminate with the destruction or removal of such encroachment. Mr. Taylor advised that the Common Clerk is in possession of a map of the above area for Council information, which is copy restricted, and that the 82-739 COMMON COUNCIL JANUARY 14,1991 encroachment is minimal and has existed for a long period of time; and concurred with a request that, in such future reports, Council would be provided with dimensions of such encroachments. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Canada Colors & Chemicals Ltd. be accepted for supplying 6,250 KG of potassium permanganate at a cost of $2.90 per KG. Mr. Totten advised that the above price includes delivery to Saint John. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, subsequent to tenders being received for the operation of the canteen and boat rental facilities at Lily Lake, it was noticed that a clause in the specifications and conditions dealing with special functions being held at this facility had not been amended to reflect the manner in which the organizing committees of these projects are to be dealt with and, in effect, the change allows the organizing committees of special events to operate a canteen in addition to the services offered by the concessionaire; also advising that the Assistant City Manager - Operations, the Director of Parks, the Superintendent of Rockwood Park, and the Purchasing Agent met to decide how best to overcome this omission without compromising the tendering process but also ensuring that a concessionaire was obtained as soon as possible, with the decision being that, having gone through the public tendering process with only two companies having submitted tenders, the two respondents would be provided with the amended tender form and invited to resubmit their bids based on the new conditions; and further advising that, having taken this action, new bids were received and, while identical to the original tenders, include the condition that, given the change in the concessionaire's exclusive rights at this facility and the negative impact on sales, during the period which the facility may be closed in preparation for the event and during the actual event, if the committee is operating a canteen in competition with the concessionaire, the quoted commission be waived, and further that both bidders have also expressed concern about the price of goods offered for sale by special events committees and suggested that they be subject to the same controls as the concessionaire in setting prices. The report expresses the opinion that, although there are some drawbacks to having two canteens operating within the same facility, special events held at this and other sites, which attract visitors to the City and/or provide the City with positive media coverage, justify the decision to proceed with the amended tender; indicates the anticipated revenue to the City from each of the two tenderers, based on past experience of gross sales at the site of approximately $40,000 and $50,000; and submits a recommendation with respect to the award of the tender. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Fred Little Convenience be accepted for the operation of a canteen concession at the Lily Lake Pavilion for a fee of $1,000 plus 8% of gross sales, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. The Mayor confirmed that the other tenderer, 046098 N.B. Ltd. is the Y's Mens Club which operated the concession in 1990, and expressed the understanding that the Club was under the impression that it would be able to renegotiate for this operation for 1991; and Deputy Mayor Gould suggested that, rather than base estimated sales and revenue on only the last year, an average of the last five years' volume should have been used for an estimated forecast on the basis that he questions the accuracy of the amounts forecast in the above report, and Mr. Totten confirmed that, if a sales volume below $20,000 were forecast, it would then be more beneficial to accept the tender of 046098 N.B. Ltd. 82-740 COMMON COUNCIL JANUARY 14,1991 Question being taken, the motion was carried with the Mayor and Deputy Mayor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of House of Buchanan be accepted for supplying 18,000 City Crest pins at $370 per M, plus taxes, and 23,000 Loyalist Man pins at $360 per M, plus taxes. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the City Manager advising that, further to the December 17, 1990 Council meeting, the Saint John Parking Commission was asked to determine if the loading zone in front of Jack Calp Ltd. on Charlotte Street could be used for parking purposes when not used as a loading zone, and that a survey conducted by the Commission of the loading zone during the week of December 17 to December 21 clearly indicates that the loading zone is essential to service the stores on both sides of Charlotte Street throughout the day and it would be a mistake to change the use; and recommending that the loading zone use be maintained in front of Jack Calp Ltd. on Charlotte Street -- be received and filed and the City Manager discuss this matter further with Jack Calp Ltd. and report to Council. The Mayor asked that Mr. John Griffin, Traffic Engineer, meet with Mr. Calp to determine if there are any solutions to his problem in that Mr. Calp was explicit that the problem must be resolved if the business is to remain. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the letter from the City Manager regarding the submitted letter from Mr. Marc Bouchard explaining why, when he relinquished his parking spot on Smythe Street on November 20, 1990, he did not expect to be billed for the month of December and requesting Council's attention in this matter which he feels is unfair to him or anyone else in his situation; and expressing the opinion that the submitted letter from the Saint John Parking Commission indicates that the Commission treated this situation consistently with policy -- be received and filed. Mr. Taylor expressed the understanding that the December rental for the parking space was paid only by Mr. Bouchard as the Commission does not lease a space and the space would remain vacant until expiration of the current lease and that, with regard to the possibility of Mr. Bouchard sub-leasing his parking space, advised that sub-leasing is not encouraged and that, following the 30-day notice period, the Commission leases the space to the most recent person on the waiting list on a first- come-first-served basis. The Mayor suggested that the Commission should review its policy to accommodate situations such as that of Mr. Bouchard. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation concerning the submitted application of Loyalist City Towing Ltd. have been completed and that the required waiting period for objections expired on January 9, 1991 with no written objections having been received. 82-741 COMMON COUNCIL JANUARY 14,1991 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of Loyalist City Towing Ltd. for a Municipal Plan amendment and re-zoning of property on Ashburn Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 18, 1991. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation concerning the submitted application of Baxter Foods Limited have been completed and that the required waiting period for objections expired on January 9, 1991 with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of Baxter Foods Limited for a Municipal Plan amendment and re-zoning of property at 91 Millidge Avenue 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 March 4, 1991. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation concerning the submitted application of Maurice Muir, Rose Muir and R. Jeffrey Muir have been completed and that the required waiting period for objections expired on January 9, 1991 with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of Maurice Muir, Rose Muir and R. Jeffrey Muir for a Municipal Plan amendment and re- zoning of property at 100 Kierstead Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 18, 1991. Question being taken, the motion was carried. (Deputy Mayor Gould and Councillor A Vincent withdrew from the Council table as they were not present at the public hearings relative to 1315 and 1309 Manawagonish Road and the closing of George Street.) On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, two lots located at 1315 and 1309 Manawagonish Road (L.R.I.S. Numbers 399790 and 399725), from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 82-742 COMMON COUNCIL JANUARY 14,1991 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number C.P. 100-221 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning two lots located at 1315 and 1309 Manawagonish Road (L.R.I.S. Numbers 399790 and 399725), from "R-2" One- and Two-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the above re-zoning be subject to a resolution pursuant to Section 39 of the Community Planning Act: (a) restricting the use of the lots to motel and/or residential use; (b) requiring that the lots be developed in accordance with a site plan approved by the Development Officer prior to building permit approval and indicating the following: increased landscaping in the front yard directly in front of the proposed addition, paved rear parking with poured-in-place concrete curbs and adequate storm drainage facilities, and landscaping of all areas not occupied by buildings and vehicular areas, except that the steeply sloping area at the rear of the lots may be left in its natural state, and (c) requiring that the items listed in (b) be completed within eight months of building permit approval. The by-law entitled, "By-Law Number C.P. 100-221 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 Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-222 A Law To Amend The Zoning By-Law Of The City Of Saint John", by renumbering Section 520(2)(e) as Section 520(2)(e)(i) and adding the following as Section 520(2)(e)(ii): "(ii) notwithstanding sub-clause (i), a motel may be located at 1309 and 1315 Manawagonish Road.", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-222 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 Fitzpatrick Seconded by Councillor Flewwelling 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 regard to the stopping up and closing of the following portion of highway:- GEORGE STREET: All that remaining portion of George Street, lying north of Union Street and extending northward to the southern line of that part of George Street, closed by order Common Council dated April 21, 1969. - 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. Question being taken, the motion was carried. (Deputy Mayor Gould and Councillor A Vincent returned to the Council table. ) 82-743 COMMON COUNCIL JANUARY 14,1991 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, N.B.", with regard to collection on properties not fronting on public streets, 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 For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, N.B.", was read in its entirety. The Mayor expressed concern that the City is terminating a service to residents who have been in receipt of same for over twenty years and also that an unsightly problem could result from garbage accumulating in designated areas, to which Mr. Robichaud replied that, while most townhouse residents have been provided curbside service for refuse collection, all townhouse developments in question have not existed for twenty years, and that the problem is that the change is proposed because the current practice is contrary to the By-Law, and that an unsightly problem has not resulted in townhouse developments where the practice has been implemented. The Mayor asked if it would be possible for the City to provide curbside service in the townhouse developments if residents paid a fee, and Mr. Robichaud suggested that residents should contact the City if there are major problems with the proposed change. Question being taken, the motion was carried with the Mayor and Councillors Flewwelling and Gould voting "nay". Read a letter from the Common Clerk submitting a resolution from Legal Session of Common Council, held on January 7, 1991. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that authority be granted for payment to Mutual Life of Canada of $89,894.18 representing an additional premium for the period of February 1, 1989 to September 30, 1989, with respect to Policy 3085. Mr. Groody explained that, during review of the City's employee benefits plans in 1989 and while the tendering process was in progress for group life and health and dental insurance as well as accidental death and dismemberment, the City received a bill for an added premium from Mutual Life and that, on confirmation of the City's consultant and the Legal Department of the City's requirement to pay the above amount, the above payment is required in accordance with the policy the City had with Mutual Life, and also explained that, with respect to a possible cost-sharing arrangement with City employees on a 75% City-25% employee basis, the matter of contributions from employees who have retired and been hired in the interim would have to be verified. Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". The Mayor asked that Council be kept informed of the status of negotiations with City employees concerning cost-sharing of the above amount. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of 046882 N.B. Ltd. for a beverage room, lounge and entertainment license, with respect to premises at 134 Sydney Street, will be held on January 17, 1991, be received and filed, and a copy of the petition to Council on November 19, 1990, from area residents be forwarded to the Liquor Licensing Board. 82-744 COMMON COUNCIL JANUARY 14,1991 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Atlantic Neon & Plastic Signs Ltd. for an amendment to the Section 39 conditions of re- zoning of 20 Prince Edward Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 18, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk