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1991-04-29_Minutes 82-906 COMMON COUNCIL APRIL 29, 1991 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 April, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. D. Wilson, Acting City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; W. D. Todd, Director of Housing and Property Management; S. Galbraith, Director of Supply and Services; J. Brownell, Director of Recreation; J. Johnson, Building Inspector; J. Baird, Manager - Development Division; R. McDevitt, Fire Chief; G. Tait, Deputy Fire Chief; A Bodechon, Assistant Deputy Chief of Police; 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 M. Vincent RESOLVED that minutes of the meeting of Common Council, held on April 22, 1991, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed May 1 to 31 to be Salvation Army Month in the City of Saint John; and welcomed to the Council Chamber members of the Portland United Church Boy Scout Troop and the St. Luke's Church Girl Guide Company to whom she briefly explained the Council meeting procedures. Mr. Brownell addressed Council on the efforts of Saint John's senior citizens in the organization of the first Seniors' Games in Saint John in 1990, and Mrs. Muriel Chittick, 1 st Vice President of the Seniors Southern Zone, commented on plans for the 2nd Annual Loyalist Zone Senior Friendship Games to be held in the City on June 17 to 20, 1991. Messrs. Walter Patchell, President of the Loyalist Zone, and Sylvester Dalton, who, at 98 years of age, is known as the oldest horseshoe pitcher in Canada, presented to the Mayor a certificate naming her as the Honourary President of the 1991 Senior Friendship Games. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the Annual Treasurer's Report of the Santa Claus Parade Committee, a departmental report from the Acting City Manager on by-law enforcement, and a report from the Acting City Manager concerning 491 Bayside Drive (copies of which were forwarded to Council members as information items); and a presentation by Ernst & Young of the District #2 fire study (which was 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. Councillor A Vincent extended condolences to the family of the late Senator Richard Hatfield, who passed away on April 26. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 300 82-907 COMMON COUNCIL APRIL 29, 1991 Sandy Point Road (L.R.I.S. Numbers 369959,48637,48645 and 55018824), located on the southwest side of Sandy Point Road, from Low Density Residential to Light Industrial classification, to permit the re-zoning of the area to a Light Industrial zone which will allow the continuing use of the property for a landscape contractor's business, as requested by Mr. Frank R. Arbo, Sr. Messrs. P. Sinnott of Ernest & Young, and D. McCormack, consultant to Ernst & Young, were present in the Council Chamber to address the Ernst & Young April 1991 report, "City of Saint John Fire Protection Service - Requirements and Recommended Locations for Fire Protection Facilities in District Two". Through a slide presentation, Mr. Sinnott noted the two components of the terms of reference for the study, the first component being to analyze the various factors affecting the need for fire protection services in District Two, which is the western half of the City, taking into consideration anticipated growth patterns between now and a fifteen-year period; and the second component being to assess various levels of service scenarios for the fire protection service in District Two and to determine suitable locations for fire stations and apparatus within the District. Mr. Sinnott recommended that the Fire Department adopt the following two response capability objectives:- (1) the initial response apparatus shall arrive at the scene of the alarm within 6 minutes of receipt of the alarm in at least 90% of all occurrences, and/or the full initial response complement, which would comprise 4 apparatus, 2 pumps, 1 aerial and 1 squad truck, shall arrive at the scene of the alarm within 10 minutes of receipt of the alarm in at least 90% of all occurrences; and (2) the initial response complement shall be comprised of the manpower and equipment necessary to control and extinguish a structural fire in an occupancy of up to 5,000 square feet and, at the same time, rescue and remove any endangered occupants from the structure; and he noted the following four key assumptions, having reached consensus with respect to response capability objectives which were taken into account in developing alternatives and recommendations for providing fire protection services to District Two:- (i) growth within the City of Saint John within the planning horizon is not expected to exceed 3%; (ii) there would be system level improvements to the water supply; (iii) some water pressure and water volume problems will continue to exist in some of the demand zones throughout District Two over the course of the next 10 years; and (iv) there would be no major improvements in the road network within District Two. Mr. Sinnott summarized the findings and recommendations of the study for zones five, six, seven and eight, as indicated in the report, referring to Exhibit 14 which depicts a segment of demand zone seven and includes three circles which delineate the corners of a triangular area within which a new Station 7 should be constructed, and to Exhibit 15 which sets forth selected distances from the existing Stations 5 and 7 and selected locations within District Two, the recommendations being as follows:- Zone Five - (1) a new four-bay 8,000 square foot station be constructed on the same site or in the immediate vicinity at an estimated cost of $100 per square foot or $800,000, and the functional characteristics described in the report with respect to Station 7 also apply to the new Station 5; and (2) in addition to the pump and aerial currently staffed at Station 5, a low-profile squad vehicle be deployed at Station 5 and be staffed with four on-duty firefighters, with staffing for this squad apparatus to be available from within the existing resources of the Department; Zone Six - (1) maintain a one-pump station in Demand Zone Six to address the existing risks, with a station to be maintained in the 10 to 15 year time horizon provided for in the study unless there is a significant reduction in the residential risk within the demand zone; (2) the pump in Station 6 should be staffed with four on- duty firefighters; (3) as Pump 6 responds to only one alarm every two days, one in 10 of which is a code 11 structural fire, the relatively-low frequency could affect the proficiency with which the basic skills and evolutions are executed because proficiency in these skills is heavily dependant on regular practice and execution; therefore, the Saint John Fire Department management should consider changing the running orders to assign more second or third-in responsibilities to the pump in Station 6, assigning personnel to Station 6 on a rotation basis, and placing special emphasis on in-station and out-of-station training for firefighters assigned to Station 6; Zone Seven - (1) move Station 7 to a location 0.80 to 1.10 miles west to the Quinton Heights area to improve the first-in apparatus response time coverage in Demand Zone Seven; (2) deploy an engine staffed with four on-duty firefighters and a tanker staffed with one on-duty firefighter in Station 7, as is the current practice; and (3) deploy a low-profile, quick response squad truck in Station 5 and amend the Saint John Fire Department running orders so that this apparatus would respond as a part of the initial response complement to all code 11 structural alarms in District Two; and Zone EiQht - (1) the 82-908 COMMON COUNCIL APRIL 29, 1991 computer-aided dispatch system will soon be implemented which accords the Department the opportunity to code the water supply conditions for each address in the City and, if this were done and an additional, unstaffed reserve pump with a 500-gallon water tank were deployed at Station 8, then the communications centre, using CAD, could dispatch firefighters using the reserve pump to addresses where there is a good water supply and achieve a faster response time than would be the case with a pump that has a 2000-gallon water tank. During discussion Messrs. Sinnott and McCormack responded to Council queries on matters including the retention of Station 6 and/or the possible merging of Stations 6 and 7, the latter having been proposed by City staff in a previous report to Council and Mr. McCormack advised that, having reviewed the potential merger of Stations 6 and 7, it is not considered feasible at this time for several reasons, not the least of which is the existence of an active railway line which divides the District, and the Department does not have a situation wherein Station 6 responds to Station 7 or visa versa, and also the nature of the construction, building density and age, and the history of fire incidence in the District warrant continuation of Station 6, and further that the merging of Stations 6 and 7 would not resolve the problem of response into the more western section of the District and would still require in time the construction of yet another station further out, and he noted the recommendation in the submitted report to construct a new Station 7 in the Quinton Heights vicinity and a new Station 5 at or nearby its existing site as the least costly alternative to not only improve fire protection throughout the western section of the City but, in fact improve fire protection in the City in general. With regard to the possible merger of Stations 5 and 8, Mr. McCormack expressed the opinion that this is not considered a feasible alternative if the response capability objectives are to be met, and Mr. Sinnott expressed the opinion that merging stations, in general, is only feasible if one can reduce the number of apparatus that needs to be staffed in the resulting merged station, and the operating costs that would be saved from simply merging two stations and housing more apparatus within one station are negligible compared to the costs of running the apparatus with 18 firefighters to realize 4 firefighters on a twenty-four hour basis 365 days a year, and advised that the cost to staff an apparatus with four personnel around-the-clock 365 days a year is approximately $1 million a year and, when compared to the cost of operating a station for one year, the result is a very small amount. The area recommended as the location of a new Station 7, as indicated in Exhibit 14 in the report, was questioned to which Mr. Sinnott replied that, specifically within the triangular area identified, the suggested site would be anywhere between the intersection of Manchester Avenue and Manawagonish Road and the intersection of Scotia View and Manawagonish Road, and that it should not be placed west of Scotia View, as well as along Manchester Avenue up to power line, but not along the smaller routes within the triangular area and, with respect to Purdy's Corner, he expressed the opinion that fire stations are better set 500 to 1000 feet from major intersections or intersections considered to become major within the next 5 to 10 years. With respect to priority of the recommendations to construct two new fire stations at an estimated cost of $800,000 each and to purchase a squad vehicle for Station 5 at an approximate cost of $78,000 excluding equipment, Mr. Sinnott expressed the opinion that the construction of Station 5 should take priority and the deployment in Station 5 of a local profile squad apparatus to improve the response capability in District 7, on the basis that it is considered important to get a strong initial response complement into demand zone seven, the only demand zone which is currently not meeting the City's objectives, as soon as possible and one of the key ways to do so is to put the squad apparatus into place in Station 5 which is, in the opinion of Ernst & Young, the hub of the fire protection service in the entire City. The condition and anticipated life span of Station 6, as well as the cost to bring it up to standards, was questioned to which Mr. Sinnott relied that, based on discussion with a City structural engineer and an examination of the Station, it is anticipated that a $100,000 expenditure would place Station 6 in a good operating situation for at least 5 years at which time a capital expenditure might be required to replace it; and he clarified that Ernst & Young's recommendations on the construction of stations and the precedence of such construction pertain to which stations should take precedence from an operating point of view and, as the priorities would be different should it be the case from a structural engineering point of view, Council should listen to the structural engineers' opinion. 82-909 COMMON COUNCIL APRIL 29, 1991 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the presentation of Ernst & Young of the report on the requirements and recommended locations for fire protection facilities in District Two be referred to the Acting City Manager and the Fire Chief. Question being taken, the motion was carried. Notice was given to MacKnight Motors Ltd., 567 Rothesay Avenue, to appear to show cause, if any, why the building located at 565 Rothesay Avenue (L.R.I.S. Number 304584) should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson advised that, on March 2, the subject two-storey woodframe and masonry building was damaged by fire in excess of 50 per cent of its value prior to the fire; and explained that, while normally he would be able to get into a building to take photographs to show Council what is inside, the roof on the subject building has collapsed and its walls have been damaged as a result and it is not a safe place to be, and that, from the outside, not much can be seen in that the building does not look much different from what it did before the fire, aside from the appearance of fire from the street. Mr. Johnson noted that the City has a By-Law pursuant to the 1925 Building Act which gives an owner 30 days to demolish a building which has been fire-damaged to a value greater than 50 per cent; and also advised that, while the building has not been demolished as of this date, the owner's representative earlier this date fulfilled all the requirements for obtaining a demolition permit which he anticipates will be issued on April 30; expressed the opinion that it is still prudent for the City to proceed under the 1925 Building Act to ensure that the building is removed as it should be; and stated that it is a dangerous building and clearly should be removed. Mr. Alden MacKnight, President of MacKnight Motors Ltd., appeared before Council and explained that the weather has not been ideal so as to allow him to take action to demolish the building and, as he has to look after the safety of the workers, he would not risk their lives to have them work inside the building in adverse weather. Mr. MacKnight, in response to the Mayor, advised that he would remove the building at his earliest convenience and that he could not ensure that the building would be demolished within ten days, if Council adopts the Building Inspector's recommendation, as there is much material to be removed from the building and time is needed to do so, and also advised that he would need three to four weeks to remove the material and tear down the building. During discussion Mr. MacKnight advised that a very small percentage of the material has been removed from the subject building to date, and Mr. Johnson explained that, when Mr. MacKnight's representative initially approached the City about eight days ago, the owner did not have a demolition deposit, the fee nor the insurance, and that the fee and deposit matters were resolved last week with the insurance issue resolved earlier this date. Mr. Rodgers pointed out that the main issue before Council is whether or not the building is dangerous or dilapidated based on the information supplied by the Building Inspector, with Mr. MacKnight having the right to show cause why he does not think it should be demolished. Councillor Knibb, in making the observation that this is an unusual circumstance in that a demolition permit has been sought and the fire and the recommended action under the 1925 Building Act are occurring within a very short space of time, proposed that the matter be tabled for one week at the end of which, if the Building Inspector reports that no action has been taken by MacKnight Motors Ltd., the matter be taken from the table and the Building Inspector's recommendation be adopted. Council's potential liability in tabling the matter was questioned to which Mr. Rodgers, in clarifying that Council is not obligated to accept the Building Inspector's recommendation, replied that Council makes its decision based on this hearing and there is no provision in the statute for adjournment or tabling to delay decisions; therefore, Council has to deal with what is before it and, if in good conscience, Council believes that the building is not dangerous or dilapidated, Council would proceed accordingly; and also that, if the Building Inspector's 82-910 COMMON COUNCIL APRIL 29, 1991 recommendation and evidence is accepted, the owner has ten days to demolish the building and, if he fails to do so, the City would then take the necessary action, involving the calling of tenders for demolition and a subsequent recommendation to Council; and expressed the opinion that, if Council does not accept the Building Inspector's recommendation, it should be because there is doubt about the condition of the building. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table for one week during which, if the Building Inspector finds that no action has been taken by the owner, Council would adopt the Building Inspector's recommendation. Question being taken, the tabling motion was lost with the Mayor and Councillors Coughlan, Fitzpatrick, Flewwelling, Gould, Landers, Rogers and M. Vincent voting "nay". On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that notice having been given to MacKnight Motors Ltd., Owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 565 Rothesay Avenue (L.R.I.S. Number 304584) in the City of Saint John, requesting that the said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 565 Rothesay Avenue in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said MacKnight Motors Ltd., Owner, is hereby required to remove or destroy the said building situate at civic number 565 Rothesay Avenue, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said MacKnight Motors Ltd. Owner, to remove or destroy the said building situate at 565 Rothesay Avenue in the City of Saint John, in compliance with the request of such notice that the Building Inspector cause such work to be done and the cost thereof recovered from the said MacKnight Motors Ltd., Owner. Question being taken, the motion was carried with the Mayor and Councillors Knibb and A. Vincent voting "nay". On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting a letter from the Chairman of the River Road Concerned Citizens Committee concerning the proposed Brookville Manufacturing Company operation at Acamac, and referring to correspondence in this regard which she submitted to Council members as an information item on April 22; and requesting that the Chairman's letter be forwarded to the Acting City Manager to respond to the questions therein -- be referred to the Acting City Manager and the City Solicitor for review and a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a proposed schedule of Council meetings to the end of August 1991, 82-911 COMMON COUNCIL APRIL 29, 1991 which reflects the past practice of bi-weekly meetings during the months of July and August, with the regular weekly schedule to re-commence on Tuesday, September 3 at 7:00 o'clock p.m. -- be received and filed and the schedule be adopted. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a resolution for Council's consideration and submission to the May 10-11 Cities of New Brunswick Association meeting in Moncton. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the following resolution be adopted for submission to the May 10-11 Cities of New Brunswick Association meeting:- "WHEREAS the April 2nd Provincial Budget made reference to the fact that the Province intends to bring forth legislation which will require municipalities to freeze employees' wages and salaries at their present level for the next twelve months; and WHEREAS the Minister of Municipal Affairs by way of letter to all Mayors, dated April 17, 1991, indicated that it is the Province's intention to recover all savings realized from the wage freeze; and WHEREAS in the same letter, the Minister indicates that an amendment will be made to the Municipal Assistance Act empowering the Minister to recover funds from the Unconditional Grant, if a municipality does not comply with the voluntary remittance; and WHEREAS the funding of municipal wage settlements comes from both the Unconditional Grant as well as municipal taxes levied and paid for by citizens in each community; and WHEREAS that portion of the savings arising from the wage freeze that has been funded by the citizens in each community through the payment of municipal taxes should remain with each municipality and be accounted for as required by Section 89(8) of the Municipalities Act: BE IT THEREFORE RESOLVED that the Cities of New Brunswick Association adopt a position that would have municipalities remit to the Province only that portion of the savings arising from the wage freeze that had been funded by the Province, as represented by that portion of each municipality's net budget funded by the Unconditional Grant.". Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that the letter from Councillor Flewwelling advising that it has been brought to his attention that streets in the City, which are not listed as truck routes, are being used by trucks during the hours of darkness, an accident on Catherwood Street this past week being a good example of this; suggesting that the truck routes listed by the City which have now been approved by the Minister of Transport, should be published and the streets signed; recommending that the truck route be moved from Harding Street to Ready Street as it is a preferred route for all drivers as they only have to take one left turn off Ready Street onto Catherwood Street to drive to the Throughway; and requesting that Council adopt a resolution that public notice be posted stating that no left turn is permitted, in other words no turn across traffic, into the service station on Chesley and Hilyard Streets -- be referred to the Acting City Manager for review and a report to Council. Question being taken, the motion was carried. 82-912 COMMON COUNCIL APRIL 29, 1991 On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the Annual Treasurer's Report as at March 31, 1991 of the Santa Claus Parade Committee be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the report from the Acting City Manager explaining that, as the overall perception of enforcement of all City by- laws was inadequate and no department had the overall responsibility for the enforcement of City by-laws, the Building and Technical Services Department identified an option that would see it assume responsibility for enforcement of all City by-laws with the exception of the Traffic, Parking and Procedural By-Laws, all of which are highly focused within other departmental responsibilities, with by-laws such as the Water and Sewerage By-Law, to continue to be administered by the Assistant City Manager of Operations and the Building and Technical Services Department to assist with enforcement; and also explaining the intended action to address the fractured approach to by-law enforcement and accountability for implementation -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the report from the Acting City Manager advising that, in response to an April 22 request for information on what is presently taking place at the site of Rothesay Paper (now Irving Paper) Ltd. at 491 Bayside Drive, this site is zoned "1-2" Heavy Industrial classification which permits the quarrying of rock and manufacturing of gravel currently taking place on site, and an annual permit is required for the operation; and also advising that, to date, the Development Officer has not approved an application for 1991 as updated plans have yet to be received for the existing condition of the site, and that a security amount has been calculated by the Building Inspector for all excavation uses to ensure rehabilitation and that conditions of approval are met, with such amount having been approved by Council on April 22 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the following invoices, namely:- Standard PavinQ - supply of asphalt April 10-16, 1991 Maritime Limited April 18-23, 1991 $4,358.43 $3,773.92 Question being taken, the motion was carried. Read a report from the Acting City Manager advising that two of ten companies, which responded to the tender for the supply of petroleum products for a twelve-month period, would not guarantee firm discounts and have not been considered for award, and that tie bids were received on items 10C and 1 aD and it is staff's recommendation that, as Manco Petroleum Ltd. is the lowest bidder on 10A and 10B, these two items also be awarded to Manco, and also that, while Laurentide is the lowest bidder on item 15, it qualified its bid insofar as minimum quantities are 82-913 COMMON COUNCIL APRIL 29, 1991 concerned and therefore it is recommended that this item be awarded to Irving Oil Co. at an additional total cost of $16; also advising that the value of this contract, awarded as recommended, is $1,053,323.10 plus taxes of $79,315.70 for a total cost of $1,132,638.80; and submitting a recommendation for the award of the tender. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that as recommended by the Acting City Manager, the tender for the supply of petroleum products for a twelve- month period be awarded to the following tenderers, as indicated in the submitted bid summary:- items 1, 6, 7, 15 and 17 be awarded to Irving Oil Co. at a cost of $551,528.90; items 2,3, 9A and B, 10A, B, C and D, 11 and 12 be awarded to Manco Petroleum Ltd. at a cost of $473,898.30; and items 4A and B, 5A and B, 8" 13, 14 and 16 be awarded to Commercial Equipment Ltd. at a cost of $27,895.99. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Acting City Manager, the tender of N.B. Tel Co. Ltd., in the amount of $19,262.51, plus taxes, be accepted for the supply of communications equipment for use in the Supervisory Control and Data Acquisition (SCADA) system in the Water and Sewerage Department. Question being taken, the motion was carried. Read a report from the Acting City Manager submitting a list of tenderers and their locations for the supply of sand, gravel, aggregates and topsoil for a period of one year from May 1, 1991 to April 30, 1992; advising that a stipulation in the tender documents states that all pits must be covered by a valid excavation permit under the Zoning By-Law before the acceptance of any material by the City and that this permit must accompany the tender; however, there have been some administrative problems in getting all of the necessary inspections and documentation in place to enable Council to approve the bonding requirements and approve the applications, as this is the first year for this stipulation and, while it was not possible for any of the bidders to provide copies of approved permits, the Building Inspector has advised that, with one exception, all bidders have had their pits approved and, upon the City's receipt of the bonding, permits will be issued; explaining why items 4,9, 12-14 and 15, as indicated in the submitted bid summary, are not being recommended for award at this time; and submitting a recommendation for the award of the tender. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, the tender for the supply of sand and gravel from May 1, 1991 to April 30, 1992 be awarded as indicated in the submitted bid summary with the condition that no material will be accepted from a pit for which bonding has not been received. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 90-8 - Lancaster Wastewater Treatment Plant Opron Maritimes Construction Ltd. Original estimated value of contract Total work done, Estimate Number 5 $3,284,614.00 2,694,256.52 82-914 COMMON COUNCIL APRIL 29, 1991 Retention Payments previously approved Sum recommended for payment, Progress 153,988.03 2,290,118.04 Estimate Number 5, dated April 23, 1991 Partial holdback release $ 250,150.45 2. Contract 90-7 - Corrosion Protection SewaQe Lift Station Corrosion Services Co. 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 April 2, 1991 $ 19,850.00 17,850.00 Nil 15,172.50 $ 2,677.50 Question being taken, the motion was carried. The Mayor advised that the Acting City Manager has requested that the item regarding the tender for the demolition of a partially-demolished building at 26 Exmouth Street be withdrawn from the agenda. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the above-mentioned item be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. (The Mayor withdrew from the meeting due to a possible conflict of interest whereupon Deputy Mayor Gould assumed the chair.) Consideration was given to a report from the Acting City Manager advising that, with regard to the tender for the supply of tires and tubes on an as- required basis for a one-year period, two of the six tenderers were not considered for award as one did not submit the required bid deposit and the other did not offer local service; also advising that a 2% discount for early payment offered by Goodyear was taken into consideration in the preparation of this report, and offering an explanation for those instances where the lowest bid is not recommended, which affects items B2 and C2, for 190 tires, at a total additional cost of $375, an average of $1.97 per tire; further advising that the total value of the tender, based on the City's estimated usage, is $112,588, plus taxes; and submitting a recommendation for award of the tender. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Acting City Manager, the tender for the supply of tires and tubes on an as-required basis for the period May 1, 1991 to April 30, 1992, be awarded as follows:- items A 1 through A8 be awarded to Goodyear Canada Inc. at an estimated cost of $22,446.90; items B1 through B5 be awarded to Goodyear Canada Inc. at an estimated cost of $12,473.15; item B6 be awarded to Uniroyal Goodrich (split) at an estimated cost of $2,352.75; items C1 through C3 be awarded to Fairweather Garage at an estimated cost of $26,353; items C4 through C11 be awarded to Goodyear Canada Inc. at an estimated cost of $34,912.50; items D1 through D6 be awarded to Goodyear Canada Inc. at an estimated cost of $14,0050; and items E1 through E4 be awarded to Goodyear Canada Inc. - no quantities specified; as indicated in the submitted bid summary. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) 82-915 COMMON COUNCIL APRIL 29, 1991 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 April 22, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers and Rogers, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Acting City Manager, the Provincial Department of Supply and Services be advised that the City has no interest in the acquisition of the property at 92 St. James Street (L. RI.S. Number 1834). 2. That as recommended by the Acting City Manager, the land at 1141 Lorneville Road (L.RI.S. Number 285502) be acquired from the Mount Purple Loyal Orange Lodge #29 under the following terms and conditions:- (1) the purchase price to be $11,500, with the money to come from the Land for Public Purposes fund; (2) a deposit of ten percent of the sale price, plus G.ST, or $1,230.50 be paid to the listing agent, Royal LePage Real Estate Ltd. upon approval of the sale by Common Council; and (3) the sale to be finalized on or before June 30, 1991. April 29, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. 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 M. Vincent Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a report from the Planning Advisory Committee regarding the application of Scott Bros Ltd. for the re-zoning of 1709 Hickey Road, which was tabled at the public hearing of April 15 with no readings given; resubmitting the Planning staff's report which the Committee again considered on April 23 at which residents of abutting properties fronting on Thomas Road expressed continued concern about the wet land near their properties and staff assured the Committee that drainage plans will be required as part of the engineering plans to address the drainage area and will form part of the subdivision agreement, and that the applicant, Engineering and Planning staff inspected the site and are confident that the localized drainage problem in the area can be solved during the development. The report also advises that the District Medical Health Officer has been requested to inspect the septic tank systems on adjoining properties along Thomas Road to determine if septic tank effluent is contributing to the wetness of the area, and further that the Committee also approved the names of the streets in this subdivision; and recommends that (1) the approximately 20-acre parcel of land situated at 1709 Hickey Road (L.RI.S. Numbers 333187 and 335836) be re-zoned from "RS-2" One- and Two- Family Suburban Residential to "R-2" One- and Two-Family Residential classification; and (2) if and when third reading is given, Council (a) approve the location of the streets and land for public purposes as recommended by staff; (b) assent to one or 82-916 COMMON COUNCIL APRIL 29, 1991 more subdivision plans of one or more phases of the Eastwood Subdivision - Phase 6, showing the streets, land for public purposes, municipal services easements and public utility easements in a manner generally in accordance with the submitted reduced tentative plan; (c) authorize the preparation and execution of a City/Developer subdivision agreement to provide for the required services; and (d) authorize the cost- sharing of the piping materials as provided in the Subdivision By-Law for the portions of work required outside the limits of the subdivision. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the approximately 20-acre parcel of land situated at 1709 Hickey Road (L.R.I.S. Numbers 333187 and 335836), from "RS-2" One- and Two-Family Suburban Residential to "R-2" One- and Two-Family Residential 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 Rogers Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the approximately 20-acre parcel of land situated at 1709 Hickey Road (L.R.I.S. Numbers 333187 and 335836), from "RS-2" One- and Two-Family Suburban Residential to "R-2" One- and Two-Family Residential 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. Read a report from the Planning Advisory Committee submitting a Planning staff report and a letter from area residents concerning the proposed subdivision of 1100 Sand Cove Road, third reading of the re-zoning of this property having been given on April 8, and advising that one resident appeared at the Committee's April 23 meeting about the intersection of Bleury Street and Sand Cove Road and the Committee passed recommendation 2 with respect to his request for a stop sign to be placed on Sand Cove Road. The report notes that recommendation 1 (e) and (f) concerning the existing City-owned land is required to permit the development of the developer's preferred proposal; further advises that the Committee approved the names of the new streets, Honeysuckle Drive, Lilac Lane and Thistle Street, as well as a model home for development on Sand Cove Road; and submits a recommendation in this regard. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council (a) approve the location of the streets and the land for public purposes for the subdivision at 1100 Sand Cove Road; (b) assent to one or more subdivision plans for Phases 1 and 2 of the Meadow Land Subdivision showing streets, land for public purposes, municipal services easements and public utility easements in a manner generally in accordance with the submitted reduced tentative plan; (c) authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required services; (d) authorize cost sharing as provided for in the Subdivision By-Law for piping materials for the portions of the work required outside the limits of the subdivision; (e) initiate the re-zoning of the existing six-acre parcel of land for public purposes from "P" Park to "RI-B" One-Family Residential; and (f) if and when the re-zoning is approved Council authorized an exchange of the six-acre land for public purposes for other public land within the 82-917 COMMON COUNCIL APRIL 29, 1991 subdivision; and (2) in view of the concerns with the traffic at the Bleury Street-Sand Cove Road intersection, Council ask that the Traffic Engineer review this intersection and consider changes to signage including the potential of providing stop signs on Sand Cove Road: AND FURTHER that the proposed re-zoning of the existing six-acre parcel of land for public purposes from "P" Park to "RI-B" One-Family Residential 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 June 1 0, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the 1990 Annual Report of the Saint John Transit Commission be received and filed and the Commission be thanked. Councillor Coughlan advised that, while ridership has increased significantly, he has questions relative to some of the routes on the basis that the City subsidizes the operation in an amount close to $2 million, to which the Mayor replied that, while Council can address the matter of the subsidy, the City does not dictate to the Commission on the matter of routes. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that representatives of the Saint John Transit Commission be asked to meet with Council. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the application of Mr. Stephen B. Stuart for the re-zoning of 171 Golden Grove 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 June 10, 1991. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Mr. Michael O'Neill advising that at a meeting of the residents of Harbourview Subdivision and Woodlawn Park Subdivision residents were encouraged to support, promote and use the transit service provided to the area by the Transit Commission, and that, further to Common Council resolution of February 25, 1991, the residents voted to choose the name of Harbourview Park -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Ellis J. Levine expressing opposition, on behalf of Mr. Garfield Meltzer of 55 Gooderich Street, to the closing of Jack Street which he understands the City is intending to close 82-918 COMMON COUNCIL APRIL 29, 1991 or at least advertise for closing; and advising that he would be interested in negotiating the sale of land owned by Mr. Meltzer on Mount Pleasant, off Glenburn Court, and Jack Street (L.R.I.S. Number 437533) -- be referred to the Acting City Manager. 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