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1991-05-13_Minutes 82-927 COMMON COUNCIL MAY 13,1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of May, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, 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; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; D. O'Leary, Director of Economic Development; J. Baird, Manager - Development Division; P. Asimakos, Planner; J. Johnson, Building Inspector; R. McDevitt, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; P. Smith, Fire Department; N. Stanton, Fire Department; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend James Webber of Forest Hills United Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on May 6, 1991, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed May 15 to 18 to be Kids' Sense Week on behalf of the International Council of Shopping Centres which is sponsoring this Canadian Public Service Safety Program; May 20 to 24 to be Diabetes Research Week, and Friday, May 24 to be Diabetes Research Day; May 12 to 18 to be Cellular Safety Week which is devoted to educating cellular users and the general public about the safe use of cellular phones; and the week of May 13 to be YM-YWCA Red Triangle Week, in the City of Saint John, the latter which Mr. David O'Brien addressed on behalf of the Board of Directors of the Saint John YM-YWCA which is sponsoring Red Triangle Week, with the Red Triangle Award to be presented to Mr. Philip W. Oland on May 16, 1991. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 379-381 Somerset Street (L.R.I.S. Number 46144), located at the southwest corner of Somerset Street and Churchill Boulevard, from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same parcel of land from "B-1" Local Business to "B-2" General Business classification, to permit the construction of a workshop, maintenance, and storage facility for a health care equipment business, as requested by Apollo Properties Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee regarding the above-proposed amendments advising that the Committee approved the recommendations contained in the submitted Planning staff report, including the granting of a variance to permit the relocation of the Somerset Street entrance to the property, and recommending that (1) Schedule 2-A of the Municipal Plan be amended by redesignating, from Low Density Residential to District Centre Commercial classification, a parcel of land located at the southwest corner of Somerset 82-928 COMMON COUNCIL MAY 13,1991 Street and Churchill Boulevard, also having civic number 379-381 Somerset Street and L.R.I.S. Number 46144; (2) the same parcel be re-zoned from "B-1" Local Business to "B-2" General Business classification; (3) the re-zoning be subject to a resolution pursuant to Section 39 of the Community Planning Act: (a) requiring that the property be redeveloped in accordance with a site plan to be submitted to and approved by the Development Officer and including features similar to the submitted Alternative Site Plan; (b) requiring that building elevation drawings showing the method of integrating the design of new construction with the existing building be submitted to and approved by the Development Officer; and (c) requiring that all site improvements be completed within one year of building permit approval; and (4) third reading of the proposed amendment not be given until the required site plan and building elevations have been submitted and approved. Mr. Randy McLaughlin appeared on behalf of the applicant in support of the above-proposed amendments, and offered to respond to Council queries in this regard. During discussion Mr. McLaughlin, referring to Planning Advisory Committee recommendation (3)(a) above, expressed the understanding that an alternative site plan is to consider a different physical situation of the building on the lot versus Apollo Properties Ltd.'s proposal, and advised that he would have to discuss this matter with Planning staff; and, with regard to the appearance of the property, confirmed that it is the intent to make the site visibly attractive and explained that, while initially the building's use will be to store products and do repairs, the long-term objective is to possibly eliminate the present building and move the entire location into the proposed new facility so that it would be both a store-front operation with ancillary services located in the back. On motion of Councillor Knibb Seconded by Councillor Coughlan 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, a parcel of land at 379-381 Somerset Street (L.R.I.S. Number 46144), located at the southwest corner of Somerset Street and Churchill Boulevard, from Low Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor M. Vincent 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, a parcel of land at 379-381 Somerset Street (L.R.I.S. Number 46144), located at the southwest corner of Somerset Street and Churchill Boulevard, from Low Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time 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 to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 379-381 Somerset Street (L.R.I.S. Number 46144), located at the southwest corner of Somerset Street and Churchill Boulevard, from "B-1" Local Business to "B-2" 82-929 COMMON COUNCIL MAY 13,1991 General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion as 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 M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 379-381 Somerset Street (L.R.I.S. Number 46144), located at the southwest corner of Somerset Street and Churchill Boulevard, from "B-1" Local Business to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time: AND FURTHER that as recommended by the Planning Advisory Committee, third reading of the above-proposed amendment not be given until the required site plan and building elevations have been submitted and approved. Question being taken, the motion as 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 Landers RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, three parcels of land at 765 Latimer Lake Road (part of L.R.I.S. Number 333526 and L.R.I.S. Numbers 55068738 and 324905), comprising approximately 244 acres and located on the northerly side of Latimer Lake Road, from Low Density Residential to Heavy Industrial classification; and (b) the proposed re-zoning of the same parcels of land to "1-2" Heavy Industrial from the existing zoning which is for L.R.I.S. Number 333526 "RS-1" One-Family Suburban Residential, for L.R.I.S. Number 55068738 "P" Park, and for L.R.I.S. Number 324905 "RS-1" One-Family Suburban Residential and "RS-1M" One-Family and Mobile Home Suburban Residential classification, to permit the extraction and processing of aggregate deposits found on the site, with the processing equipment to include a rock crusher, asphalt plant and concrete ready mix plant, as requested by Standard Paving Maritime Limited, and that 1 brief, 2 petitions and 328 letters were received in opposition to the proposed amendments. Consideration was also given to a letter from the Planning Advisory Committee advising that it considered the submitted Planning staff report at its April 8 meeting, and submitting a list of 105 persons who submitted separate letters of objection, and a single copy of form letters and petitions received with a tally of the total number received; advising that, after listening to those opposed and the applicant's response to the concerns and questions raised, the Committee adopted the Planning Department's recommendation; and recommending that the application to re-zone the subject site known as L.R.I.S. Numbers 333526, 55068738 and 324906, and to amend the Municipal Plan be denied. Mr. Robert Milne, a resident of Latimer Lake, appeared in opposition to the above-proposed amendments and, through a video presentation of the Latimer Lake Road area, expressed concern about truck traffic on Latimer Lake Road in view of the number of children in the area embarking and debarking from the school bus on 82-930 COMMON COUNCIL MAY 13,1991 Latimer Lake Road and the Road's narrow shoulder width, as well as with regard to possible noise and air pollution in the area, and the possible disturbance of the well- kept Ocean View Memorial Cemetery. Mr. Milne commented on the new residential construction in the area; suggested that Latimer Lake Road is in need of repair and is not wide nor stable enough to accommodate increased traffic; and expressed concern that trucks loaded with hot asphalt from Standard Paving's asphalt plant are not covered. Mr. Milne advised that residents of the area do not wish their peaceful, serene community to be disturbed, and that, while they know what to expect from the presently-existing non-conforming uses in the area and anticipate that the proposed operation will result in constant truck traffic, they are not prepared to give up their quiet way of life in the Latimer Lake Road area; and also advised that, not only has the City recently expended significant funds on a playground in the area, children also play in their yards, the school yard and along the roads, and that the main concern is for the safety of the children and the possible disruption in residents' lives. In response to Councillor Coughlan, Mr. Milne advised that area residents have met as a committee to determine their wants and that, in discussion, it was suggested that the applicant could alleviate the situation by shielding the area with a large stockpile of aggregate so that the operation would not be visible from the road and also that the Company could utilize Pipe Line Road and come out on Loch Lomond Road. Mr. Brian Cornish of 217 Karen Street addressed Council in opposition to the above proposal and, in presenting a video of the Latimer Lake Road area depicting residential and park development, the property in question, the source of water supply on the basis of the effect on same of a petroleum leak from the asphalt plant or any chemical spill, the Ocean View Memorial Gardens cemetery and the mobile home park, explained that the main concern is that property values in the area would decrease due to the type of operation proposed and that the residents want the subject area to remain residential rather than a high industrial area. Mr. Cornish expressed concern that trees and lakes in the Lakewood and Loch Lomond area are at the point of being endangered and suggested that, while he is in favour of heavy industrial areas in the City for employment purposes and while the aggregate in the subject area is probably the best, there is no reason to go into residential areas for an operation of this nature and persons will have to settle for aggregate from other areas for use in building roads, sidewalks and whatever else needs to be built. Mr. Cornish concluded that Lakewood residents want to keep the area as their home and expand it, but do not want to endanger the environment any longer. Mr. Ralph Poley, solicitor for Memorial Gardens (Atlantic) Ltd. and Maritimes Cemetery Limited - the owners of Ocean View Memorial Gardens on Latimer Lake Road, appeared in opposition to the above-proposed amendments; noted that his previously-submitted brief contains the objections his client has to the subject application; and expressed appreciation that both Planning staff and the Planning Advisory Committee are in agreement that, if any benefit to the community can be seen to flow from the proposal, such benefit is far outweighed by the complete incompatibility of the proposal with the obvious nature of the community and with the City's Municipal Development Plan itself. Mr. Poley expressed the opinion that the common thread to both the Planning staff report and the Committee's recommendation is expressed in the staff report by the indication that no changes in the pattern of land use in the area have taken place since the adoption of the Plan to support the establishment of a Heavy Industrial designation and that a Heavy Industrial classification of this site would not be consistent with the existing and future residential development of the area. Mr. Poley commented on statements in Schedule B of the subject application related to the long- standing non-conforming use of the property and the balancing of the use of land between such competing and conflicting claims, from the point of view that community residents and property owners in the area are in a position to state whether or not the operation of the existing pit has adversely affected the community, and suggested that it was made very clear by residents in their presentations to the Planning Advisory Committee that the adverse affects appear to be well known by the residents, and further that, in his opinion, as the Municipal Development Plan balances the use of property, the use proposed is totally at odds with the existing situation; in other words, there is no balance at all. Mr. Poley advised that, while his client does not take issue with the applicant's right to be before Council, his client is concerned with a situation that appears to give property owners and residents the security of knowing what the 82-931 COMMON COUNCIL MAY 13,1991 community is going to be like based on the community Plan and the Zoning By-Law, yet there is still the possibility that a community may be radically changed by applications such as that under consideration and suggested that, while the Municipal Plan will have to be flexible in certain cases when there is good and sufficient reason to allow something to take place in a zone which otherwise would not be allowed, the subject application is without merit both because of its effects on the community of Latimer Lake and the message it sends, if approved, that the Municipal Plan does not really give residents the security they should expect. Mr. Poley also commented, based on a question to him immediately before this meeting by Mr. 1. McGloan, solicitor for the applicant, about the possible sale by the applicant of a portion of the subject property, and expressed the understanding that there was a portion of property sold in 1989 by his client to a predecessor in title to Rockhill Construction Ltd. which now is apparently under option to Standard Paving Maritime Limited; however, there was a right of first refusal back to his client for a portion of the subject property, and he has been advised by his client that he was not under any impression whatsoever that an application of the nature in question would occur. Mrs. Margaret Dubee of Grandview Avenue spoke in opposition to the above application on behalf of residents of Grandview Avenue, Hickey Road and Heatherway; noted the development in the area during her 35-year residency on Grandview Avenue, and expressed the opinion that the operation of numerous gravel pits and associated heavy truck traffic has done very little to enhance the area and, on the contrary, the noise, exhaust pollution and related danger of speeding trucks make co-existence between residents and industry nearly impossible. Mrs. Dubee expressed concern that the already-taxed roadway in the area will be required to sustain a truck every minute from dawn until dusk; explained that she is against the subject proposal for reasons of health and is concerned for the safety of pedestrians and motorists; cited statistics of fatalities and accidents in the area involving trucks; and circulated photographs showing a truck accident. Mrs. Dubee noted the City's concern about keeping residents in the City rather than having them relocate to the outlying areas, and suggested that, if residents keep getting pushed out by industry, residents will have no other choice; and concluded that the residents of Grandview Avenue, Hickey Road and Heatherway feel that the proposal is ill-suited to the community at large and should not be considered. Mr. Bev Harrison of 69 Green Road appeared in opposition to the above proposal; expressed the opinion that the question is that of people and of quality of life versus quality of aggregate, and that the esthetics, safety and environment are all key to the issue in question; and expressed concern about the use of oil-based products in an asphalt plant so close in proximity to the City's water supply. Mr. Harrison suggested that the present pit in its state is a hazard, and that the 15 to 20 year period promised by the proponent to rehabilitate to a green area is a long time for residents to wait to enjoy their lifestyle, if the benefit of the promise of rehabilitation promise is fulfilled on the basis that companies could disappear at any time; and appealed to Council to consider that residents of the area in question have chosen to live in a rural setting and have a right to protection of their living conditions and a healthy and safe environment, as well as its more-soothing environment from an esthetic point of view, and that the subject area is not, nor should it be, an industrial area. Mrs. Mary Scott of 830 Latimer Lake Road addressed Council in opposition to the above application on the basis of the possible negative effect of the proposed operation on the water supply, and explained that residents are trying to protect their investment in their properties and do not want a gravel or aggregate plant located in the area. Mrs. Scott expressed concern about the possible pollution from the operation proposed; suggested that heavy industry has no part in the area residents' lives, and asked Council to deny the subject application. Mr. Gil Farmer appeared in opposition to the proposed amendments on behalf of the Federal Department of Fisheries and Oceans, and expressed concern about the effect on the water quality due to possible erosion and suspended solids concentrations from the proposed operation and the threat on water source to the Saint John Fish Cultural Station at 1700 Loch Lomond Road, which the Department has operated since 1914 and which produces about one-half million salmon a year for stocking rivers in the area and for sale to the Bay of Fundy salmon farmers. 82-932 COMMON COUNCIL MAY 13,1991 Mr. Stuart Jamieson, M.L.A. for Saint John-Fundy, spoke in opposition to the above proposal on behalf of the Saint John-Fundy area, on the basis of the possible effect on the Loch Lomond water supply and increased pollution and resultant jeopardy to the health of residents of the City; and appealed to the Mayor and Council to consider the problems that the proposed operation could create in the area. Mr. 1. McGloan, solicitor for the applicant, addressed Council in support of the proposed amendments; noted the presence in the Council Chamber of solicitor Mr. J. Murphy and Messrs. D. Arbing, President of Standard Paving Maritime Limited of Halifax; J. Washburn, Manager of Standard Paving Maritime Limited in Saint John; and B. Buckley, Operations Manager for Standard Aggregates of Toronto, Ontario; and, through a slide presentation depicting the subject property and other Standard Paving operation sites, explained that the purpose of the application is to allow for the homogeneous development, in a timely and orderly manner, of an integrated aggregate extraction and processing operation in the form of an asphalt plant and a concrete plant at the source of the natural resource which would result in an economically-viable operation through the group of industrial operations with similar characteristics and functional requirements and, through the integration and utilization of the two adjacent properties with the already-existing gravel pit operation on the Bustin property, to clean- up the operation and to create an opportunity in the longer term to develop the entire area into prime residential land. Mr. McGloan commented on the manner in which Standard Paving Maritime Limited maintains its other operations; expressed the understanding that the subject property provides the largest and best quality aggregate in the City for asphalt and concrete mix, and noted the proposed location of the operation on the site and the access/egress to same in an effort to eliminate the necessity of truck traffic through the mobile home park. Mr. Washburn described the manner in which the applicant proposes to construct the pit and the manner in which it would be reclaimed, involving five phases; Mr. McGloan commented on the type of operation carried on by the applicant and the condition of the sites by referring to slides of gravel pit and asphalt plant operations, with ongoing rehabilitation of Nova Scotia operations, the Grandview Avenue asphalt plant, and the ready-mix concrete plant on Somerset Street in Saint John; Mr. Buckley described Standard Aggregates' operations in Ontario, including the rehabilitation of gravel pits into productive land; and Mr. Arbing explained Standard Paving's head office operation in Nova Scotia. Mr. McGloan, in concurring with Mr. Cornish's observation that the site in question mars the landscape, advised that the applicant would like to clean up and remove this condition with the intent, over the next 20 to 30 years, that it would be a residential site; noted that the property in question is in the middle of an unpopulated area which, is shielded from all sides, could be developed almost without it being seen in either direction, and suggested that, with regard to the creation of truck traffic, this could occur through residential areas no matter where a facility of this nature was established. Mr. McGloan advised that the applicant is understanding of residents' concerns about their children and trucks in the area and wants an opportunity to demonstrate what can be done in the community in a harmonized manner to accommodate residential and industrial growth; and, referring to Mr. Poley's comments about the sale of property, confirmed that the property in question at Memorial Gardens was sold by Mr. Poley's client to the predecessor in title in 1989 and retained a right of first refusal to repurchase the property when gravel extraction was completed, and questioned how Mr. Poley's client could now object to the proposed use. Mr. McGloan also advised that, with regard to the anticipated 300 trucks per day issue, it is his understanding that such would occur during peak operation periods and not within the next 4 to 5 years at the earliest and only 2 or 3 days a year at best and, concerning the fish hatchery, noted that the Department of the Environment has outlined what it considers necessary through conditions to be followed by the applicant. During discussion Mr. McGloan expressed the understanding that Pipe Line Road is not available to the applicant as an access to the subject property; explained that peak periods would occur when the asphalt and concrete plants and the gravel pit are in operation and that the asphalt plant will not be put in place for at least 4 to 5 years, with the concrete plant probably 5 to 10 years in the future; suggested that, as the site in question has the best material available for the applicant's needs and housing is only on the peripheral edges of the subject property with the closest 82-933 COMMON COUNCIL MAY 13,1991 housing being 1,500 feet away, it would be difficult to find a similar site anywhere else in the City, and that, with respect to environmental concerns, the applicant far exceeds the Department of Environment's requirements for its already-existing plant in the City; therefore, by the time the asphalt plant will be put in place, the applicant will again put in a state of the art operation which would minimize such concerns even more; and he expressed the opinion that the applicant has the capability and expertise to develop the subject property in a very orderly manner to everybody's benefit. Mr. Baird responded to the Mayor's question about the future use which could be made of the three parcels of land, should the proposal not proceed, in accordance with the present zoning of the parcels and advised that, while it would not be necessary to excavate the land for development to occur, a limited amount of grading would be required depending on the detailed nature, including small ravines, of the area. On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, the application of Standard Paving Maritime Limited to re-zone the subject site known as L.R.I.S. Numbers 333526, 55068738 and 324906 and to amend the Municipal Development Plan be denied. Question being taken, the motion was carried with Councillor Knibb voting "nay". (Councillor Rogers withdrew from the meeting.) The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to amend Section 910(3)(f) to read: "Notwithstanding the foregoing, staff, Planning Advisory Committee or Common Council may initiate amendments to this By-Law, or Common Council may authorize the holder of an option or a purchase and sales agreement for City-owned land to apply for an amendment to this By-Law.", to permit the holders of options or purchase and sales agreements to apply for re-zoning of City-owned land, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed amendment. Consideration was also given to the previous letter from the Planning Advisory Committee recommending the above-proposed By-Law text amendment. 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, by amending Section 910(3)(f), 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 M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Section 910(3)(f), 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. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, the Saint John Airport 82-934 COMMON COUNCIL MAY 13,1991 parcel of land at 4180 Loch Lomond Road (L.R.I.S. Numbers 354415,55029144, 55006340,55029151 and 5504451), with an area of approximately 720 hectares (1,780 acres), from Rural and Open Space to Light Industrial classification, to permit the Airport to be re-zoned to "T" Transportation and the development of a 10-hectare (25 acre) industrial park to be zoned "1-3" Light Industrial Park classification, as requested by Transport Canada - Saint John Airport. On motion of Councillor Coughlan Seconded by Councillor Davis RESOLVED that as recommended by the Acting City Manager, contract 91-2, McAllister Drive street reconstruction, be awarded to the low tenderer, Grove Construction (1986) Ltd., at the tendered price of $337,015.44, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Flewwelling expressed the understanding that the above- recommended company submitted two tenders, one not including, the other including, the Goods and Services Tax, although the tender policy indicates that only one tender can be submitted by a company, and expressed concern that, as he understands that Grove Construction is owned by a Toronto company, the work will be done by persons from outside the Province rather than a local company; and Councillor A. Vincent concurred with Councillor Flewwelling's comments and advised that he would like to have the owner and general manager of Nautilus Construction and Rentals Ltd., the second low tenderer whose presence he noted in the Council Chamber, address Council in this regard. Mr. Armstrong explained that Grove Construction, having realized on the day the tender closed and prior to the tender opening time that it had made an error in its submitted tender by omitting to include the GST 7 per cent factor in its prices, was instructed and followed the instructions as per Council's policy adopted in 1983 with respect to making corrections to tenders, and the new tender submitted was 7 per cent higher than the previous tender and indicated the reason for the revised tender; and advised that, having reviewed this matter with Purchasing Agent M. Hanlon, the procedure used is in line with Council's policy adopted in 1983. During discussion Mr. Armstrong confirmed that Grove Construction submitted two envelopes for the reason that, once an envelope is deposited into the tender box, such tender cannot be removed before the tender closing time and, with regard to work performed previously for the City by Grove Construction, advised that, while this company some years ago had difficulty with the City's concrete curbing contracts in view of its organizational problems at the time, Grove Construction did finish the work and that it has had other projects for the City with which it had absolutely no difficulty; and Councillor A. Vincent, in suggesting that Grove Construction's tenders should have been marked as first and second tenders, asked if the first tender was opened, to which Mrs. Munford gave an affirmative reply. Mr. Wilson clarified that, rather than two tenders, there was one tender which was corrected before the closing and that the City's tendering policy was followed. Councillor Flewwelling suggested that, because of the confusion in this matter and the situation with two envelopes having been opened, the matter should be tabled for an opinion from the City Solicitor. (Councillor Rogers re-entered the meeting during the above discussion.) On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table and an opinion be requested from the City Solicitor. Question being taken, the tabling motion was lost, a tie vote having been created with the Mayor and Councillors Coughlan, Davis, Knibb and Rogers voting "nay". Councillor Landers questioned the practice of disqualifying tenderers who do not submit certified cheques to which Mr. Wilson replied that, when bidders are disqualified on that basis, it is because they did not remedy the problem before the tender closing; in other words, they are disqualified when the tenders are opened and there is no certified cheque or there is some other issue; however, in the case in 82-935 COMMON COUNCIL MAY 13,1991 question, the action was taken before the tender box was opened. With regard to the reason for opening both envelopes, Mr. Armstrong replied that both envelopes were opened to determine what was in them, and Mr. Robichaud made the observation that staff directed the tenderer to submit the second envelope to correct the situation as per the Council policy. Question being taken, the original motion was lost with Councillors Flewwelling, Gould, Knibb, Landers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that contract 91-2, McAllister Drive street reconstruction, be awarded to Nautilus Construction and Rentals Ltd., at the tendered price of $349,543.48. Mr. Rodgers suggested that this matter be referred to the him for an opinion. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table for referral to the City Solicitor for an opinion. Question being taken, the tabling motion was carried with Councillors Flewwelling, Landers and A. Vincent voting "nay". Consideration was given to a report from the Acting City Manager advising that the 1991 assessment has been provided further to Council's approval on November 27, 1989 of a Housing Through Infill Development grant estimated at $24,720 for a Scottish Enterprises Ltd. project at the northeast corner of Metcalf and Adelaide Streets, and that the final grant is $42,645, and recommending an increase in the H.I.D. grant. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Acting City Manager, the Housing Through Infill Development grant for Scottish Enterprises Ltd.'s project at the corner of Metcalf and Adelaide Streets be increased from $24,720 to $42,645. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the Acting City Manager summarizing activity to date under the Housing Through Infill Development Program, funding for which has been approved by Council each year since 1987; advising that the increase in the residential tax base resulting from the projects completed to date has exceeded $2.5 million, and recommending that the Housing Through Infill Development Program be continued for 1991, with approvals not to exceed $100,000 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the report from the Acting City Manager submitting the Spruce Lake sanitary landfill hydrogeological study completed by Gemtec Ltd. which indicates that it is considered to be very unlikely that contaminants generated at the landfill could affect Spruce Lake and that residential 82-936 COMMON COUNCIL MAY 13,1991 wells in Lorneville are not vulnerable to contamination from the landfill, and confirms that Burchill's Brook, particularly near the landfill, has been affected by landfilling operations; advising that another key element of the report is that a system of monitoring wells is now in place to detect any migration of contaminated groundwater, either towards Spruce Lake or the private Lorneville wells; concluding that City staff has met with staff of the Provincial Department of the Environment to review the Gemtec report at which time there was discussion on the process necessary to facilitate the continued operation of the Spruce Lake site until the new Fundy SWAT regional facility becomes operational, and that staff should be in a position to report more fully on this process in the near future; and recommending that, in receiving and filing this report, a copy be made available to the Lorneville residents -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Maritime Limited Supply of asphalt May 1-7, 1991 $6,922.98 Question being taken, the motion was carried. Consideration was given to report from the Acting City Manager regarding the tender for demolition of the partially-demolished building located at 26 Exmouth Street (L.R.I.S. Number 12898), which was tabled at Council's last meeting; advising that the property was cleaned up by late Saturday, May 11 and no further action is required, and that this action has saved City staff considerable time and effort and has ensured that the City will have no additional costs from the demolition of this building; and recommending that the resubmitted report of May 6 be taken from the table and that the demolition tender for 26 Exmouth Street not be awarded to either bidder, and further that bidders be thanked for their interest in this contract. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that as recommended by the Acting City Manager, the May 6 report concerning the partially-demolished building at 26 Exmouth Street be taken from the table: AND FURTHER that as recommended by the Acting City Manager, the demolition tender for 26 Exmouth Street not be awarded to either bidder, and that the bidders be thanked for their interest in this contract. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on May 6, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Acting City Manager, (1) Mr. Nicholas Barfoot be named the City's nominee to the boards of arbitration with respect to Local No. 18, C.U.P.E., grievances 91-4 on behalf of Messrs. Robert Beman and Eloi 82-937 COMMON COUNCIL MAY 13,1991 Richard, and 91-12 on behalf of Mr. Robert Beman and C.U.P.E. Local No. 18; (2) Mr. Mark Giberson be named as the City's nominee to the board of arbitration with respect to Local No. 18, C.U.P.E., grievance 91-5 concerning contracting out in the carpentry shop; and (3) Mr. Dayle Messer be named as the City's nominee to the board of arbitration with respect to Local No. 18, C.U.P.E., grievance 91-16 on behalf of Mr. Harold Eatmon. 2. That as recommended by the Acting City Manager, Common Council approve the submitted budget for the Working Group on Multiculturalism and Race Relations and that provision be made for City funding in the amount of $2,750. 3. That as recommended by the Nominating Committee, Mr. Hans O. Klohn be appointed to the Board of Directors of The Market Square Corporation for a term to expire June 30, 1992. May 13,1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Saint John Canada Day Committee requesting Council to nominate two representatives to sit on the Committee representing the City. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that Councillors Knibb and Landers be nominated to represent the City on the Saint John Canada Day Committee. Councillor Rogers' initial motion was to refer the above matter to the Acting City Manager. Question being taken, the motion was carried. Read a letter from the Loyalist Day (May 18th) Observance Committee submitting names of persons who the Committee feels have distinguished themselves in their service to the City, and proposing that such persons be appointed on May 11, with formal presentation to be made on May 21, to the proposed Honourary Charter Offices. 82-938 COMMON COUNCIL MAY 13,1991 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the following persons be appointed as Honourary Charter Officials for a one-year term as of May 18, 1991, and be recognized for their contribution to the welfare or betterment of their fellow citizens:- (i) Port Master - David Barry (ii) Warden of the Port - Gary Faloon (iii) Surveyor of Bread - Lena O'Ree (iv) Gauger - Bert Chipman (v) Surveyor of Highways - Lino Celeste (vi) Bell Ringer - Sandy Gregory (vii)Surveyor of Provisions - Marguerite Morrisey Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Chapter of the New Brunswick Gerontology Association requesting a grant of $500 to assist in its hosting of the 1991 Provincial Annual Meeting to be held June 20 and 21 -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from the New Brunswick Blind Sports Association Inc., Fundy Region, asking if it would be possible to have the fee waived for the use of the Lily Lake Pavilion or if the Pavilion could be provided at a subsidized rate, for the evening of June 2 with regard to the annual Run for Light event at Rockwood Park -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Joe and Rhoda Boyce for the re-zoning of 38 Coburg 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 June 24, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the application of Plasticraft Ltd. for an amendment to the Section 39 conditions of re-zoning of Market Square 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 24, 1991. Question being taken, the motion was carried. 82-939 COMMON COUNCIL MAY 13,1991 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Saint John Mercantile Centre Limited for the re-zoning of property on Union 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 June 24, 1991. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the letter from The Honourable Hubert Seamans, Minister of Municipal Affairs, respecting Common Council resolution of March 18 concerning the situation at The New Brunswick Museum; advising that the Province, like the municipality, adopts the National Building Code in its area of jurisdiction and there is also a tradition in the operations of the Provincial Government, when working in a municipality, to respect the municipal Building By-Law, and therefore he sees no need to consider an Act amendment making the Province subject to municipal authority -- be referred to the Acting City Manager and the Building Inspector. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk