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1991-05-27_Minutes 82-946 COMMON COUNCIL MAY 27,1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of May, AD. 1991, at 7:00 o'clock p.m. present Arthur L. Gould, Deputy Mayor, Esquire Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. 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; B. Thompson, Deputy Chief of Police; J. Johnson, Building Inspector; J. Baird, Manager - Development Division; P. Hanlon, Operations Engineer; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Larry Collins, Pastor of The Church of the Nazarene, offered the opening prayer. Deputy Mayor Gould proclaimed the week of May 26 to June 1 to be Foster Parents Appreciation Week and National Access Awareness Week in the City of Saint John; noted that earlier this date officers of the Saint John Police Force began the Law Enforcement Torch Run to raise money for New Brunswick athletes in the Special Olympics; and presented certificates to the following persons being recognized as Honourary Charter Officials in accordance with Common Council resolution of May 13, 1991, and thanked them for their services to the City of Saint John:- Gary Faloon - Warden of the Port; Bert Chipman - Gauger; Lino Celeste - Surveyor of Highways; and Frances Morrisey, accepting on behalf of Marguerite Morrisey - Surveyor of Provisions; noting the absence of David Barry - Port Master; Lena O'Ree - Surveyor of Bread; and Sandy Gregory - Bell Ringer. Discussion ensued regarding Saint John's hosting on May 25 of the Scottish National Rugby Team at the Canada Games Stadium at UNBSJ; the presentation by the Rotarians earlier this date to the Fire Department a fire safety house to be used in educating children on fire safety within the home; the Federation of Acadien Women's annual meeting in Saint John on May 24-26; and the Province's announcement earlier this date concerning a new program launched by the Departments of the Environment and Health involving a change in the air monitoring equipment and index in the City of Saint John by the addition of an air monitoring station and the addition to the present system itself of, when readings exceed 100, a health advisory alert. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the City Solicitor's report concerning the Expenditure Management Act (which was discussed in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from the Preservation Review Board and the Acting City Manager's report concerning lead in the 82-947 COMMON COUNCIL MAY 27,1991 City's drinking water (copies of which were forwarded to Council members as information items) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the news release from Statistics Canada concerning census day (copies of which were forwarded to Council members as an information item) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on Tuesday, May 21, 1991, be approved. 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, a parcel of land located at 136 Rockcliff Street (L.R.I.S. Number 317396), from Low Density Residential to Light Industrial classification; and (b) the proposed re-zoning of the same parcel of land from "R-2" One- and Two-Family to "1-1" Light Industrial classification, to permit the continuing use of the property for a business providing parts, repair and sale of small engines including lawn mowers, trimmers, garden accessories and snowblowers, as requested by William J. and Jessie E. Howe, and that no written objections have been received in this regard. No person was present with regard to the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report considered at its May 22 meeting at which the applicant, Mrs. Howe, spoke on behalf of her son who operates the small engine and service business and noted that, while a new location was in their best interest to enable the continued growth of the business, none had been found, and staff noted that the Department of Economic Development was informed of this situation and, having been in touch with the operator of the business, Greg Howe, will be assisting the owner in finding a suitable new location and in sourcing possible funding for leasehold improvements; also advising that the Committee, while not in agreement with the use continuing in this location on a permanent basis, granted the applicant one year to remain as a temporary use pursuant to Section 34(3) of the Community Planning Act, which will give the applicant sufficient time to find a suitable location; and recommending that the application to amend the Municipal Plan and re- zone the subject site from a residential to light industrial classification be denied. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, the application of William J. and Jessie E. Howe for a Municipal Plan amendment and re-zoning of 136 Rockcliff Street, from a residential to a light industrial classification, be denied. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 119 Red Head Road (L.R.I.S. Number 370205), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, to place the existing convenience store in a business zone which will permit a 4-foot by 8-foot freestanding sign in front of 82-948 COMMON COUNCIL MAY 27,1991 the building, as requested by Mervin and Rookmin Singh, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee advising that the applicant expressed agreement with the recommendation in the submitted Planning staff report except for the requirement to curb and landscape the parking area and create a defined driveway from Red Head Road and cited potential snow removal problems as the reason for his reluctance to carry out the recommended site improvements, and that the Committee, after considering the applicant's concerns, adopted staff's recommendation with no changes; and recommending that (1) the City of Saint John Zoning By-Law be amended by re-zoning the front 60 metre (200 feet) of a parcel of land at 119 Red Head Road (NBGIC Number 370205), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification; (2) the re-zoning be subject to a resolution pursuant to Section 39 of the Community Planning Act: (a) requiring the property to be developed and maintained in accordance with a site plan prepared by the applicant and approved by the Development Officer including the following features: (i) a defined access from Red Head Road, having a maximum width of 9 metres (30 feet); (ii) landscaping of the balance of the property frontage from the edge of the sidewalk to a depth of 2 metres (6.5 feet) inside the front property line; (iii) landscaping improvements along the side lot lines; and (iv) poured-in-place concrete curbs separating the driveway and parking area from the landscaped areas; and (b) requiring that the features shown on the site plan be completed no later than November 30, 1991; and (3) third reading of the proposed amendment not be given until: (a) the required site plan has been submitted to and approved by the Development Officer; (b) the existing mobile sign is removed or relocated in compliance with the "B-1" zone requirements; and (c) the existing illegal freestanding sign on the opposite side of Red Head Road is removed. Mr. Mervin Singh appeared in support of his application and confirmed that, although he was opposed to any division of the road at the entrance to the site, he would proceed on the basis of the above recommendation. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the front 60 metres (200 feet) of a parcel of land at 119 Red Head Road (N.B.G.I.C. Number 370205), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Councillor Rogers expressed concern about the number of re-zonings and requests for temporary and non-conforming uses in the Red Head area over the past year on the basis that there is no continuity in development in this staged area, and expressed the opinion that there is an obligation to maintain already residentially- zoned areas and to prevent business from moving into such areas. Mr. Bedford confirmed that the change in zoning is to permit the placement of a freestanding sign rather than to allow the location of the store. 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, insofar as it concerns re-zoning the front 60 metres (200 feet) of a parcel of land at 119 Red Head Road (N.B.G.I.C. Number 370205), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time: 82-949 COMMON COUNCIL MAY 27,1991 AND FURTHER that as recommended by the Planning Advisory Committee, third reading of the proposed amendment not be given until: (a) the required site plan has been submitted to and approved by the Development Officer; (b) the existing mobile sign is removed or relocated in compliance with the "B-1" zone requirements; and (c) the existing illegal freestanding sign on the opposite side of Red Head Road is removed. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that staff undertake a review of the zoning in and around the Red Head area and report to Council in a two- month period concerning the zoning, the uses and the staging. Councillor Rogers' initial motion was that staff undertake a total review of the zoning in and around the Red Head area by the examination of the current staged plan and exclusions therefrom, as well as on what future development, if any, should proceed in that area. Councillor Coughlan expressed concern about the amount of time which could be required to carry out the requested review; and during discussion Mr. Bedford advised that staff, over the next two months, could carry out a preliminary review, taking in the area from Saint John Shipbuilding and Rothesay Paper on Bayside Drive to and including the serviced residential subdivision on Red Head Road, in a very schematic form to provide some insight into the situation and subsequently make preliminary recommendations to Council with a decision to be made on whether or not the situation requires any further detailed analysis; and Councillor Knibb advised his intent to oppose the motion on the basis that there is no need for Council to interfere with a democratic process which works well and affords persons an opportunity to express their objections to re-zonings, and further that it is untimely to impose restrictions on private enterprise in the City. A clarification of the motion was requested to which Councillor Rogers replied that her request is for staff to review the zones in and around the Red Head area and report to Council in a two-month period concerning the zoning, the uses and the staging. Councillor Landers expressed the understanding that there has been a problem with mobile home placement on lots in the area due to sewerage concerns, and questioned the purpose of the motion. With regard to Deputy Mayor Gould's question about the two-month period, Mr. Bedford replied that a report could be submitted to Council in two months if desired; however, as the City is moving into the development season and staff's schedule is full, staff would endeavour to have a preliminary report to Council in September, and he proposed that the facts should be presented in a preliminary way with a subsequent attempt to identify if, in fact, there are any outstanding issues that need further attention, with recommendations to be made to Council. Question being taken, the motion was lost, a tie vote having been created with Councillors Coughlan, Davis, Fitzpatrick, Knibb and M. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that staff be requested to submit a report to Council within two weeks on the matter referred to above by 82-950 COMMON COUNCIL MAY 27,1991 Councillor Landers. Question being taken, the motion was carried with Councillors Davis, Fitzpatrick, Gould and Knibb voting "nay". The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to Section 880(10) of the Zoning By- Law to read: "No excavation permit may be issued under subsection (6) until the applicant has deposited a sum of money, certificate of deposit, letter of credit or guarantee in an amount determined by the Building Inspector to be adequate to cover the estimated cost of rehabilitation of the land of the site in accordance with the terms and time limits specified on the permit and approved by Common Council.", to require a certificate of deposit, letter of credit or guarantee as financial security to ensure the rehabilitation of gravel pits, and that no written objections were received in this regard. No person was present with regard to the proposed amendment. Consideration was given to a letter from the Planning Advisory Committee recommending that Section 880(10) of the Zoning By-Law be amended as proposed. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, with regard to amending Section 880(10), be read a first time. Councillor Knibb expressed concern that, as the cost of performance bonds is much lower for businesses than the alternatives being proposed, enactment of the amendment could result in a cost increase to the City, and contractors in the area, for the purchase of gravel. Question being taken, the motion was carried with Councillor Knibb voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, with regard to amending Section 880(10), be read a second time. Question being taken, the motion was carried with Councillor Knibb voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, the portion of property at 3170 Golden Grove Road (N.B.G.I.C. Number 353995), which is outside of the Loch Lomond Lake watershed and having an area of approximately 40 acres, from Rural and Open Space to Light Industrial classification, to permit the re-zoning of the same area so that a drive-in move theatre can be developed with an access located outside of the 82-951 COMMON COUNCIL MAY 27,1991 City of Saint John, as requested by Mr. Denis Frechette. Read a letter from Mayor Wayne regarding Council members' attendance at the forthcoming Annual Conference of FCM. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that authority be granted for payment of the per diem rate under Council's Salary By-Law to Councillors Coughlan, Landers and Rogers, who are attending the Federation of Canadian Municipalities Annual Conference in St. John's, Newfoundland, from June 7 to June 10, 1991. Councillor Flewwelling asked from what budget Councillors' travelling expenses would be taken on the basis of his understanding that the budget for Council travel is depleted, and Mr. Totten confirmed that, as of two weeks ago, there were funds available in the Council budget and advised that he would provide Council members with a copy of the budget following the meeting. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting, further to her item of last week regarding the effect on the City of changes in the Department of Health's budget, a copy of a report submitted to the Cities of New Brunswick meeting in Moncton on May 10-11, which covers areas of concern with regard to projects which have been eliminated thereby bringing responsibility to the municipalities which otherwise have been accommodated by the other levels of government, for Council information and for the use of the Acting City Manager in the preparation of his report on the impact of these changes at the local level -- be referred to the Acting City Manager for use in preparation of his report to Council. Discussion ensued regarding the cost of ambulance service to the City of Saint John compared to the cost to other cities in the Province, and Mr. Totten explained that the budgets for both the Rescue Squad and ambulance service is contained under a classification section referred to as emergency services with a total commitment for Rescue Squad services being approximately $.5 million including firefighters and vehicles, while an expenditure of approximately $240,000 in 1990 related to the operating deficit of the ambulance service itself, including a retroactive pay increase for ambulance operators, with a range of approximately $225,000 to $230,000 being the ongoing yearly cost to the City to fund the operating deficit of the ambulance service in the City. (Councillors Fitzpatrick and M. Vincent withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. Deputy Mayor Gould noted that Councillors Landers and Knibb were appointed on May 13 to represent the City on the Saint John Canada Day Committee. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting copies of letters from the Chinese Cultural Association, the Multicultural Association of Saint John, and Congregation Shaarei Zedek responding to her letter regarding Canada Day, as well as a copy of a newspaper article stating that Mr. Eric L. Teed has a separate Canada Day Committee established; and asking for direction from Council as to how it wishes to proceed as it was her understanding that the City would set up a committee asking the various multicultural associations for their 82-952 COMMON COUNCIL MAY 27,1991 input -- be referred to Councillors Landers and Knibb. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Solicitor referring to his recent report to Council on the proposed Provincial wage freeze legislation which has become known as the Expenditure Management Act 1991 in which he stated that a law, if properly enacted by the Province as proposed in its budget, would apply to the City and could not be ignored from a legal standpoint, and expressing his concerns, without expressing any opinion, with respect to Section 14(1) and (f) of the Act on the basis of his examination on some generally interpretive problems associated therewith; recommending that Council refer this Act to the Law Society of New Brunswick for its consideration and possible examination, but not for an opinion, by its Legislative Committee; and concluding that his concerns are not to deny that the legislative authority necessarily predominates, but to bring to the attention of the Law Society a statute which to achieve its end may very well have interfered with the most fundamental principle in the structure of government - a principle governed by the separation of powers -- be received and filed and the recommendation adopted. Mr. Rodgers, having noted that the above-named Act has yet to be proclaimed and is therefore not yet law in New Brunswick, explained his concern with regard to the authority that the Legislature seems to be giving to the Cabinet to pass regulations regarding any questions that may arise dealing with the interpretation or the application of the Act, the reason for his concern being, as the judiciary plays a very important role in the checks and balances in the system, related to the question of whether or not Section 14 is an attempt to oust the court or the judiciary from the Act. Mr. Rodgers recommended that, rather than waiting for the Act to be proclaimed and subsequently challenging it in the court or even getting another legal opinion on the matter, Council request the Law Society, or its Legislative Committee, to consider and examine the proposed Act from the point of the view of its overall aspects and especially that particular question. (Councillors Fitzpatrick and M. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the Preservation Review Board submitting a flyer, copies of which are being distributed to all residents and commercial operations in the Trinity Royal and Orange Street Preservation Areas, as part of the Heritage Awareness Program -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the report from the Acting City Manager commenting on the City's action following a November 1990 routine testing of City water which showed some lead in three of the eight locations samples, two of the three being above the maximum acceptable concentration of lead in drinking water; and advising that, as it is unknown what the average exposure to lead now is in New Brunswick or in Saint John, a committee has been formed, under the recommendation of the District Medical Health Officer, to study the overall exposure to lead in the Saint John region, what portion of this is attributable to drinking water, what effects this may be having on Saint John citizens, and what method(s) are recommended to lower exposure to lead in Saint John, and that, among other actions, the committee will continue to gather information on research being done by other agencies and to investigate avenues of funding for a long-term study of lead and its effects on this region -- be received and filed. 82-953 COMMON COUNCIL MAY 27,1991 Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the news release from Statistics Canada regarding the June 4, 1991 Census of Population day and the importance to business of the Census data -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Supply of asphalt Maritime Limited May 15-21,1991 $19,123.88 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the Acting City Manager advising that final assessments have been received for homes completed in Eastwood Park, 83 of which were completed within the 24-month period for receiving full funding under the Greater Residential Incentive Program, and 15 of which were completed within 27 months for which partial funding is provided; explaining why the final grant is significantly higher than the original estimate of $102,000, which was subsequently increased in October 1990 to $166,915.13 upon completion of 83 homes; and recommending that the G.R.I.P. grant for Scott Brothers Ltd. relative to Eastwood Park be increased from $166,915.13 to $442,038.23 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the report from the Acting City Manager submitting a copy of the recently-released Federal Department of Communications' new policy indicating that the concerns of municipalities will be considered when the construction of a non-broadcasting antenna or antenna support structure is being proposed within their jurisdiction while, prior to this policy, the Department of Communications did not consult with municipalities regarding the proposed location of radio communication antennas; and advising that the new consultation procedure will help to avoid situations where in the past an antenna may have been licensed by the Department of Communications in a location not permitted in the Zoning By-Law -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the Acting City Manger regarding a proposed pet shop by-law submitted to Council on April 2 by the Animal Rescue League and the Saint John District S.P.C.A.; advising that, while there is no doubt that these groups and individuals experience frustration when they see the condition under which animals are kept, considerable weight must be given to the letter from Leslie Rice, a pet store manager, who expressed a need for education of the public in how to care for and love a pet; also advising that, as staff 82-954 COMMON COUNCIL MAY 27,1991 believes that education may resolve the concerns regarding pet stores, staff proposes to assist the S.P.C.A. and the Animal Rescue League in developing a care manual to be used by the operators of pet shops to provide basic information about how to care for animals and, in view of the limited number of pet shops in the City, to enhance the education available to the owners and to use the existing kennel criteria in the Dog By- Law to improve conditions in pet shops; and recommending that (1) staff cooperate with the Animal Rescue League, the S.P.C.A., the pet shop owners and other interested parties to develop a care manual to be used by the pet shops and their employees in working with animals; and (2) staff monitor the conditions in pet shops and report its findings to Council in six months -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, the low tender submitted by Atlantic Colas, in the amount of $51,480, be accepted for the chipsealing the access road to the Spruce Lake landfill site, and the Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the Acting City Manager advising that the Saint John Port Corporation has requested the following amendments to the conditions set out in Common Council resolution of October 29, 1990 authorizing the transfer of the passenger gangway from the City of Saint John to the Saint John Port Corporation: (1) the gangway will be transferred to the Corporation with the Corporation being required to modify it if the Corporation deems such modification necessary; and (2) the Corporation will control the use of the gangway and, whenever used by vessels calling at the Port, there will be no charge assessed to the vessel or the agent by the Corporation unless for the total repair costs for any and all damages to the gangway which occurred when the gangway was in the care, custody, control and/or use by the vessel or agent; and recommending that Council amend the two conditions approved on October 29, 1990 to comply with the changes requested by the Saint John Port Corporation and that appropriate action be taken to transfer title to the passenger gangway to the Saint John Port Corporation -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a report from the Acting City Manager advising that only one bid of the five received for the demolition of the building at 46 Station Street did not address G.ST, although the specifications for the tender did not specifically indicate that tenderers must state whether or not it is included in, or extra to, the amount bid and, while Federal regulations indicate that G.ST may be included in a bid price, it must be explicitly stated how this is to be addressed, and that, as R. M. White was the company not to address G.ST as per these regulations, its tender cannot be considered; 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 low bid of Galbraith Construction Ltd., in the amount of $6,950 plus G.ST, be accepted for the demolition of the two-storey building located at 46 Station Street (L.R.I.S. Number 40014). Councillor M. Vincent asked for clarification on the G.ST issue to which Mr. Johnson, in noting that the omission in the tender specifications to G.ST was an 82-955 COMMON COUNCIL MAY 27,1991 oversight and the specifications will be changed for the future, explained that it is the responsibility of a person, submitting a tender under the current rules of work in business today, to indicate to the person receiving the product whether G.ST is included or excluded; and that, if the City were to allow a tenderer to consider whether it was included or excluded, such tenderer would basically have an option to make two bids on the same product; therefore, the only fair way for staff to review the situation is to consider that the G.ST was not included and therefore it must be added, otherwise the tenderer would have two opportunities to review the situation. Councillor M. Vincent questioned the propriety of disregarding the R. M. White bid to which Mr. Rodgers indicated that, not having examined the matter, he could not respond to the question at this time, whereupon Mr. Johnson advised that there is a concern expressed by the Department responsible for the subject building that, when it is acquired by the City, it be demolished as soon as possible, and suggested that, if Council has a concern about awarding the tender with consideration being given to referring it to the City Solicitor, Council should award the tender subject to the City Solicitor's review, so that the tender could be awarded and demolition occur as soon as possible. Deputy Mayor Gould noted that, if R. M. White's bid of $7,420 included G.ST, it would be the lowest tender by an amount of $16.50. Councillor Flewwelling advised that, as there are no architectural drawings for a civic centre nor has its location been confirmed, he would accept the recommendation to demolish the building because it is a danger to the public but not because the land is to be used for a civic centre, and Mr. Todd made the observation that Council in 1990 authorized the purchase of the subject property as one of the properties required for the civic centre, with the intent to demolish the building upon its acquisition and that, while safety would not be as much of a problem as esthetics if the building were not demolished, there could be a safety problem from the perspective that leaving a vacant building can often lead to other problems. Councillor Landers expressed concern about awarding the above tender without the City Solicitor's input on the basis of Council's discussion of May 13 concerning the award of the tender for contract 91-2 and Mr. Rodgers' opinion to Council on May 21 in this regard, and advised that she would vote in favour of the motion only if it is subject to review by the City Solicitor. Question being taken, the motion was carried with Deputy Mayor Gould and Councillors Flewwelling, Landers and M. Vincent voting "nay". 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 Tuesday, May 21, 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 necessary advertising be authorized with respect to the closing of the following streets:- (a) Chubb Street westward from Millidge Street to the end, a distance of approximately 210 feet and northward toward Millidge Street, a distance of 120 feet as shown on the submitted plan; (b) Logan's Alley that extends from the northern side of Main Street to the southern side of Moore Street; and (c) Morgan's Alley that extends from the northern side of Main Street to the southern side of Moore Street; and (2) the City re-enter and repossess the land identified as Lot 13 on a plan of the subdivision of lands at Fort Howe formerly belonging to the Estate of the late Henry Chubb. 2. That as recommended by the Acting City Manger, the position of Accounting Clerk - Group 7, as contained in the establishment of the Finance Department, be eliminated, and the position of Accounts Payable Supervisor - Group 7 be added. 3. That as recommended by the Acting City Manager, Common Council approve the execution of a Letter of Agreement that will permit Mr. Paul Grannan to 82-956 COMMON COUNCIL MAY 27,1991 erect and operate a stage on North Market Wharf for the period May 16, 1991 to September 15, 1991. 4. That as recommended by the Acting City Manager, proposals be requested for the design of two new fire stations from the firms of Duschenes Fish & Start, MMC Architects Ltd., and Comeau MacKenzie Architecture, and appropriate recommendations be presented to Council. May 27,1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 3 of the above report be adopted. Deputy Mayor Gould asked the hours of operation for the proposed stage to which Mr. Todd replied that bands must complete performances by 11 :30 p.m. Councillor Fitzpatrick questioned the proposed agreement being with Mr. Grannan personally rather than with Grannan's Restaurant Ltd. Question being taken, the motion was carried with Councillors Fitzpatrick and Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 4 of the above report be adopted. Mr. Todd explained that the reason for the recommendation to request proposals from only three firms is based on the fact that the three above firms were short-listed as a result of a February 1990 public proposal for the design of #7 Station which did not result in the award of a contract for a consultant, and that the three firms concerned would simply be asked to update the information in their previous submissions, rather than to provide totally new proposals; and further that, as both stations are expected to be very similar in design, a cost saving should result to the City by having one consultant design both stations. Question being taken, the motion was carried. Read a report from the Planning Advisory Committee submitting a copy of the Planning staff report considered at its meeting of May 22 concerning Wayside Industries' application for a number of variances which would permit two additions to the existing buildings at 55-101 Mcintosh Street, with staff's recommendation being that (1) variance be granted to reduce side and front yards and increase the percentage lot coverage as proposed, to permit the proposed expansions on condition that: (a) a 82-957 COMMON COUNCIL MAY 27,1991 detailed landscaping plan be prepared by the applicant and accepted by the Development Officer prior to building permit issuance which will substantially increase the buffering between the building and the adjacent residential area; (b) paving of all parking areas, driveways and loading areas be undertaken; (c) completion of landscaping and paving in (a) and (b) by October 31, 1991; (d) security, in a form acceptable to the City, be provided prior to permit issuance in an amount equal to an estimate prepared by the City to ensure the completion of the landscaping illustrated on the plan approved in (a) and the paving required in (b); (e) no material of any kind and no garbage containers be located outside of the building at any time; and (f) the garbage dumpster be covered and closed prior to its removal from the building; and (2) Common Council be requested to enter into a Section 101 agreement containing the conditions imposed by the Committee; and that the applicant agreed to the recommendation except for the requirement to pave the parking, driveway and loading areas due to the cost of paving, such paving having initially been proposed in 1987 and not yet completed. The report also submits copies of letters of concern from area residents, many resulting from the applicant's non-conformance with conditions imposed in 1987, and that the Committee, having considered residents' objections based on dust from the property and the applicant's concerns, reduced the area required for paving to the two areas adjacent to Woodward Avenue, and recommending that Council authorize the execution of a Section 101 agreement containing the amendments imposed by the Committee at its May 22 meeting. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the execution of a Section 101 agreement with regard to Wayside Industries at 55-101 Mcintosh Street. During discussion Mr. Bedford explained that the financial security, as referred to in (1)(d) above, should be the method to ensure that the conditions applied will in fact be implemented by the applicant and, with regard to Deputy Mayor Gould's concern that the recommendation is contrary to the Millidgeville Plan, advised that the Millidgeville Plan addresses the long-term change of the area from industrial to non- industrial uses; however, the land is zoned for restricted industrial use at the present time and the applicant is stating that the expansion proposed is as much as he can operate on the site and, if his business continues to improve, in less than five years he will be considering the relocation of the business to a larger industrial site; therefore, the process in question is considered to look towards the long-term movement of the subject area to non-industrial uses, and the Plan does not envisage a short-term action. Mr. Bedford also explained that the Planning Advisory Committee has approved the variances for the site and the Section 101 agreement recommended for Council's approval will ensure the Committee that the conditions it has asked to be fulfilled will, in fact, be met; and Mr. Rodgers, in making the observation that the recommendation before Council relates to a Section 101 agreement in that the variances have been approved under the Planning Advisory Committee's exclusive jurisdiction to do so, advised that the recommended 101 Agreement would provide additional security with regard to the proposed arrangement in that if, for example, variances were approved with terms and conditions and those terms and conditions were violated, a cumbersome zoning violation procedure would have to be commenced; however, with a 101 agreement the statute gives the City the authority to enter on the land and correct the conditions and also register the agreement so that it is binding on subsequent owners; and further that, if Council refuses to enter into a 101 agreement, such would not alter the variances approved by the Committee. Mr. Brown expressed the understanding that the City does not have the alternative of expunging the use in question from the site, and that a 101 agreement could, in fact, improve the operation. It was suggested that a representative of the residents and the applicant might want to address Council in this regard. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that a representative of the residents and the applicant be invited to address Council at this time. 82-958 COMMON COUNCIL MAY 27,1991 Mr. Rodgers re-iterated his comments related to the matter before Council being the recommended 101 agreement which would provide further security to the City, and advised that Council, once it has heard from a representative of the residents and the applicant, could not interfere with the variances which have been granted by the Committee. Question being taken, the motion was carried with Councillor Davis voting "nay". It was noted that the applicant was not present in the Council Chamber. Mr. Ralph Pyne of 96 Woodward Avenue addressed Council on behalf of property owners of residents located in the vicinity of Wayside Industries who, he advised, purchased their homes in the 1960s expecting peace and quiet in a residential part of the City; commented on problems related to garbage, the location of the loading area, hours of operation and noise at night, as well as on the residents' understanding that industry was to be phased out, not expanded, in Millidgeville. During discussion Mr. Pyne asked, on the basis that it has taken the applicant four years to live up to its agreement, how much longer it would take to live up to any future agreement, and suggested that the situation would be better if the dumpster were moved to the rear of the site. Question being taken, the original motion was carried with Deputy Mayor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Rockwood Park Advisory Board recommending, in principle, the concept of the paddle boat operation by Mr. Fred Little at Lily Lake, subject to review on an annual basis -- be accepted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Federation of Canadian Municipalities advising that the resolution concerning a bilateral air agreement, submitted by the City of Saint John, will be considered at the FCM Annual Conference in June, and that, as the Standing Committee on National Transportation has discussed this item at meetings in December and March and FCM has had meetings with the Minister responsible for this legislation, this resolution is therefore a very timely one; and also advising that FCM will keep the City of Saint John informed of future actions on this resolution -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from The Cadillac Fairview Corporation Limited submitting information on a premier festival, "Buskers On The Boardwalk '91", to be launched by Market Square and K100 FM Radio from August 2 to August 5; and inviting the City's participation, as a Corporate Sponsor, with the suggestion that consideration be given to the sponsor category "Host Sponsor" -- be referred to the Acting City Manager for positive consideration and a recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb 82-959 COMMON COUNCIL MAY 27,1991 RESOLVED that the letter from Miss Yvonne LeBlanc asking that the City repair and clean out the Marsh Creek between Rothesay Avenue by the Esso garage to Simpson Drive -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the application of Galbraith Construction Limited for the re-zoning of 2400 Ocean Westway 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 July 8, 1991. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Mark Allaby requesting, on behalf of the Saint John Dodgers co-ed slo-pitch softball team, that the City waive the user fees for the Allison I and II, the Chown and the Bayside ballfields for a tournament on June 8 and 9 -- be referred to the Acting City Manager. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Paul and Wendy Oliver advising that a serious health and safety problem exists on the eastern perimeter of the Little River Reservoir between Lakewood Heights and Lakewood, also known as the Pipeline and Likely Roads, due to this area being used for some time as a dumping site for people to discard their garbage; and asking that this problem be rectified as soon as possible -- be referred to the Acting City Manager for investigation and a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk