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1991-06-17_Minutes 82-982 COMMON COUNCIL JUNE 17, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of June, AD. 1991, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. D. Wilson, Acting City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. 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; B. Morrison, Director of Parks; R. McDevitt, Fire Chief; D. Sherwood, Chief of Police; G. Ingraham, Assistant Deputy Chief of Police; M. Hanlon, Purchasing Agent; J. Baird, Manager - Development Division; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on June 10, 1991, be approved. Councillor A Vincent asked, in view of Council's adoption of a motion at the last meeting relative to notification of deaths of City employees or retirees and his attendance at a funeral earlier this date of which he had not been notified by the City, the status of this matter, to which Mr. Groody replied that a system is proposed whereby the Mayor and Common Clerk's Offices will be notified by Human Resources in this regard. The Mayor suggested that, while this system could be successful during the work week, staff should not be expected to scan newspapers and notify Council members on the weekends, whereupon Councillor A Vincent suggested that the funeral homes in the City would probably co-operate in this regard if requested by the Acting City Manager. Question being taken, the motion was carried. Her Worship the Mayor extended congratulations to three local entrepreneurs, Gardner Electric, Fundy Computer Services and Beattie Construction Services, which were recognized in the June issue of Profit magazine as being among the top 50 fastest-growing companies in Canada in 1990; noted that Saint John won the competition for the completion of Canada Census Forms with 81.5% having been completed and returned; and commented on the opening of the Loyalist Zone Senior Friendship Games earlier this date, and on the number of national and Provincial conferences being held in the City. (Councillor Rogers entered the meeting during the above comments.) On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that the copy of the City's Brief to the Premier's Round Table On Environment & Economy (copies of which were forwarded to Council members as an information item) be added to the agenda for consideration at this meeting. 82-983 COMMON COUNCIL JUNE 17, 1991 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Fitzpatrick RESOLVED that the two reports from the Acting City Manager (copies of which were forwarded to Council members as information items) on Fundy SWAT team meetings and Fundy SWAT technical meetings, 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 Coughlan RESOLVED that the letter from Saint John Trojans Rugby Football Club Inc.; an invitation from the International Gathering of the Irish; a copy of a letter from a Fredericton Councillor to the Mayor of Fredericton; a report from the Acting City Manager concerning the Rockwood Park Golf Course; a report from the Acting City Manager concerning the ownership of land on Fallsview Avenue; and the report from the Acting City Manager concerning a drainage problem at Glenwood Park (copies of which were forwarded to Council members as information items) be added to the agenda for consideration at this meeting. Upon the Mayor's observation that the above items are only for Council's information, Councillor Fitzpatrick suggested that, as the Acting City Manager's reports on Fallsview Avenue land and the Glenwood Park drainage problem were considered by Council in open session, such reports should be discussed in open session, and Mr. Wilson made the observation that, while there is no harm in placing such reports on the agenda, there is no Council decision required in that staff is simply giving Council information requested or, in cases where information was not requested by Council, is using this means as a way to communicate information to Council. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne submitting a letter from The Honourable Jane Barry, Minister of State for Childhood Services, advising that the Saint John MLAs, The New Brunswick Museum and community organizations such as the North End Food Bank are planning the August 5, 1991 New Brunswick Day festivities, in which the City's participation is invited; and asking that any suggestions or assistance in this regard be given to Mr. Paul Castle of the Museum -- be referred to the Acting City Manager and the Recreation Department. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the City of Saint John's Brief to the Premier's Round Table on Environment & Economy, dated June 10, 1991, be received and filed. The Mayor concurred with Councillor Landers that the above Brief should have been submitted to Council prior to presentation of the Brief to the Round Table, and explained that staff had two days to prepare the Brief and that the statements therein are statements that the Council had, in fact, covered prior to Councillor Flewwelling's recent presentation. Question being taken, the motion was carried. 82-984 COMMON COUNCIL JUNE 17, 1991 Read a letter from Councillor Flewwelling asking for Council to be informed as to when traffic lights will be installed at the junction of Manchester Avenue and Manawagonish Road. Mr. Robichaud advised that all materials for the above project have been ordered and received, with work expected to be completed by the end of July. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the report from the Acting City Manager summarizing the activities of the Fundy SWAT Team Meetings for the months of April and May 1991, as discussed with Deputy Mayor Gould who is Council's representative on the Team -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that the report from the Acting City Manager summarizing the activities of the Technical Committee of Fundy SWAT for the months of April and May 1991, as discussed with Councillor Davis who is Council's representative on the Committee -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the letter from Saint John Trojans Rugby Football Club Inc. advising that, in its efforts to improve the community, it will be giving away 3,000 small spruce trees at three locations in the City on June 21, and noting its improvement of a vacant lot in the City and its hosting of rugby matches -- be received and filed, and the Club be thanked for its efforts to improve the quality of life in the City of Saint John. Councillor Knibb noted that the above Club looked after the lot at the corner of Chesley Drive and Hilyard Street prior to it being developed by Petro Canada, and may be interested in beautifying another lot in the City. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the invitation from the International Gathering of the Irish to its official Saint John opening on Monday, July 22, at the Trade and Convention Centre -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the copy of the letter from Fredericton Councillor James H. Burns to Fredericton Mayor Brad Woodside suggesting a revision in the Community Planning Act -- be referred to the Acting City Manager for Planning Advisory Committee input. The initial motion proposed by Councillor Knibb and seconded by Councillor Coughlan was to receive and file the above letter; and, upon Councillor Coughlan's suggestion that Council should request comments from City staff and the Planning Advisory Committee on whether or not such a review should be undertaken, 82-985 COMMON COUNCIL JUNE 17, 1991 the Mayor called for a motion to refer the above matter to the Acting City Manager for the Planning Advisory Committee's input. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the report from the Acting City Manager advising that the Rockwood Park Golf Course is ready to host its own invitational golf tournament to be held August 3 and 4, 1991, as a promotion of the course, with all entry fee revenue to be turned back to purchase prizes, most of which will be purchases from the City-operated pro shop, and also advising that it is expected that the tournament, similar to others in the Province, will be held annually and will contribute substantially to the profile of the golf course as a City operation -- be received and filed. Mr. Wilson advised that he is unaware of any cost to the City for the above tournament. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the Acting City Manager advising that, in response to a question which arose on June 10 with respect to ownership of "P" Park zoned land on Fallsview Avenue along the water, the waterfront land has been assigned two numbers by N.B.G.I.C. and both these properties are owned by Saint John Tugboat Company Ltd. which at one time owned all the land in this area -- be received and filed. 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 advising that, further to Council's April 2 consideration of a letter from homeowners in Glenwood Park concerning drainage problems, the resolution of the problem involves the individual property owners constructing their landscaping in a manner so as to allow the creation of a drainage pattern that will lead eventually to the City street at which point the Engineering Department has budgeted funds to install a catch basin at an estimated cost of $2,500, and that the Director of Engineering is attempting to co-ordinate the matter between the various parties, although the issue of ownership of the vacant lot is delaying implementation; and also advising that staff is hopeful that a final resolution can be accomplished by mid-summer -- be received and filed. Councillor Fitzpatrick asked why, as the Glenwood Park homeowners' letter was submitted to Council in open session, staff's report was submitted as an information item rather than a report to open session of Council, to which Mr. Wilson replied that staff is following the principle that, if a Council resolution was required to support a staff recommendation, staff's report would be submitted to open session; however, in this case, the report is simply an information item which requires no Council decision. Councillor Fitzpatrick made the observation that persons who forwarded such letters to Council would not receive a response if staff's reports thereon were forwarded to Council as information items, to which Mr. Armstrong replied that he spoke earlier this date with the person who is co-ordinating the matter on behalf of the residents, and that, while the total problem has not been resolved, due to the fact that a lengthy period of time has passed since the letter was submitted to Council, the above report was simply to apprise Council of the status of the matter. Question being taken, the motion was carried. 82-986 COMMON COUNCIL JUNE 17, 1991 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Maritime Limited Standard Paving June 5-11,1991 Supply of asphalt $67,223.85 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 90-17, Orange Street Water and Sewer Reconstruction QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 5 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 5, dated June 11, 1991 Partial holdback release $442,519.00 436,107.64 4,000.00 427,739.99 4,367.65 305.74 $ 4,673.39 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Acting City Manager, the tender of Erb's Enterprises Ltd., in the amount of $35,000, including all taxes, be accepted for the Phase II renovations at No.1 Fire Station. 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 referring to the April 29 request for staff to investigate if there were any left-hand turn restrictions as a condition of building Petrocan service stations on Bayside Drive at the Causeway and on Chesley Drive at Hilyard Street, and advising that the construction of these service stations was not conditional on left turn restrictions which could not be effective without a median being constructed along the center line of these streets -- be received and filed. 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 highlighting recent development activity in the Red Head Road area, which was questioned at Council's May 27 meeting during consideration of a re- zoning application concerning a convenience store at 119 Red Head Road; and advising that this area is intended to be fully serviced in the future and additional residential development may occur as services, especially central water, are extended 82-987 COMMON COUNCIL JUNE 17, 1991 and that, at this time, this area is not experiencing the major development pressure which other parts of East Saint John are experiencing and it is therefore proposed that development issues be dealt with on an individual basis as they arise but always ensuring the long-term plans for the area are respected -- be received and filed. Question being taken, the motion was carried. Read a report from the Acting City Manager referring to Fred Little Enterprises' proposal to use paddleboats to complement his existing rowboat operation at Lily Lake, which was supported in a letter to Council on May 27 from the Rockwood Park Advisory Board and the subject of a letter from Fred Little Enterprises which was considered in Committee of the Whole on June 10; and advising that, in consultation with the Legal Department, staff of the Parks Department has been advised that this additional service may be included as a supplement to the existing contract document and that all terms and conditions of the said contract will apply to the new operation. Mr. Wilson advised that, with regard to staff's observation earlier this date that the above report refers to two provisions to be made by Mr. Little and based on the Legal Department's advice, the amendment to the agreement should include reference to the following provisions:- a staff member of Fred Little Enterprises would be on duty at all times and this individual would be accredited with life saving certification, and a powerboat would be available for staff at all times on the site. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Acting City Manager, contract documents for the canteen and rowboat concession of the Lily Lake Pavilion be amended to include the operation of paddleboats, including the provision that a staff member of Fred Little Enterprises would be on duty at all times and this individual would be accredited with life saving certification, and Fred Little Enterprises would make a powerboat available for staff at all times on the site, and that the Mayor and Common Clerk be authorized to execute the amended contract documents. Councillor M. Vincent, a member of the Rockwood Park Advisory Board, expressed concern about a powerboat being used at the above site, and Mr. Robichaud advised that the points about the accredited life saving individual and the power boat requirements were noted at the Board's meeting and there was no objection by the Board members. With respect to concern that, as power boats have been prohibited at Lily Lake, such a provision could set a precedent, Mr. Rodgers expressed the opinion that such provision would not represent a change in policy with respect to the use of power boats at Lily Lake as the provision is part of the control and regulation of what is being allowed in the license for Mr. Little's operation. Councillor Landers suggested that boats should avoid the area of Lily Lake in which water lilies grow on the basis that such growth could be eroded by the boats. (Councillor Landers withdrew from the meeting during the above discussion.) 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 referring to the April 29 request that staff address the issue of truck traffic on Harding Street West with a view to shifting this traffic to Ready Street; and explaining why there would appear to be no advantage to shifting all truck traffic from Harding Street to Ready Street -- be received and filed. Councillor Flewwelling proposed a motion that Ready Street be made a truck route, whereupon Councillor Knibb noted the motion on the floor. (Councillor Landers re-entered the meeting.) 82-988 COMMON COUNCIL JUNE 17, 1991 Question being taken, the motion was carried with Councillors Flewwelling, Gould and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Acting City Manager, a purchase order be issued for approximately $18,000 to The Power Commission of The City of Saint John to provide for relocation of existing light standards to accommodate the widening of Hilyard Street. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the Acting City Manager advising that, as a result of discussions on April 29 regarding a new subdivision development in the Sand Cove Road area and concerns about traffic at the intersection of Sand Cove Road and Bleury Street, the situation at the intersection has been reviewed and indicates that the traffic volumes are low with approximately 3000 vehicles per day on Bleury Street and 2000 per day on Sand Cove Road, and that, after the full proposed development takes place, the traffic volumes are projected to be approximately 3600 vehicles per day and 2800 vehicles per day on Bleury Street and Sand Cove Road, respectively; and also advising that a concern about vehicles cutting across the corner and their speed at the inter-section can be addressed through enforcement of the traffic laws, and that, in order to improve the situation, the pedestrian crosswalk location and the center lines will be improved as part of the regular pavement marking program -- be received and filed. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Transport Canada - Saint John Airport have been completed and that the required waiting period for objections expired on June 12, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Transport Canada - Saint John Airport for a Municipal Plan amendment and re-zoning of 4180 Loch Lomond Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on July 22, 1991. Councillor Fitzpatrick asked if the above-proposed industrial park would create competition for the present industrial parks to which Mr. Bedford replied that preliminary information indicates that there is an opportunity to take advantage of a location near the Airport and it is hoped that an industrial park in the subject area would attract businesses with different location criteria from the City's industrial parks. Question being taken, the motion was carried. (The Mayor and Councillors Coughlan, Landers and Rogers withdrew from the meeting as they were not present for the June 10 public hearings with respect to the following By-Law amendments, whereupon Deputy Mayor Gould assumed the chair. ) On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the 82-989 COMMON COUNCIL JUNE 17, 1991 Future Land Use Plan, a triangular parcel of land located adjacent to 391 Lancaster Avenue and the Saint John Throughway (NBGIC Number 55057343), from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number C.P. 100-237 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a triangular parcel of land located adjacent to 391 Lancaster Avenue and the Saint John Throughway (NBGIC Number 55057343), from "R-1 B" One-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-237 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "By-Law Number C.P. 100-238 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the City-owned parcel of land for public purposes containing approximately 6 acres situated to the west of Allingham Crescent (NBGIC Number 448118), from "P" Park to "R-1 B" One-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-238 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-239 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the parcel of land at 165-167 Loch Lomond Road (L.R.I.S. Numbers 322248 and 55036081), with a road frontage of approximately 42,674 square feet and located adjacent to Loch Lomond Villa Inc.'s existing development to the east of the subject site, from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the above re-zoning be subject to a condition pursuant to Section 39 of the Community Planning Act requiring that (a) detailed site and landscaping plans are submitted to and approved by the Development Officer prior to building permit approval. The by-law entitled, "By-Law Number C.P. 100-239 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair, and Councillors Coughlan, Landers and Rogers re-entered the meeting.) 82-990 COMMON COUNCIL JUNE 17, 1991 Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on June 10, 1991, when there were present Deputy Mayor Gould and Councillors Davis, Fitzpatrick, Flewwelling, Knibb, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely: 1. That as recommended by the Chief of Police, (1) a grant, up to a value of $5,000, be approved in support of the 40th Annual Atlantic Association of Chiefs of Police Conference to be held in Saint John on June 23 to 28, 1991; and (2) the Common Council of the City of Saint John endorse the efforts of the Chief of Police to acquire the 1999 Canadian Association of Chiefs of Police Annual Conference in the City of Saint John. 2. That as recommended by the Acting City Manager, Century-21 River Valley Realty Ltd. be advised that the City has no interest in the acquisition of the Murray and Gregory property on Fallsview Avenue. 3. That as recommended by the Acting City Manager, a letter of agreement be signed by Cones Ice Cream Company Ltd. and the City that will permit the Company to sell ice cream and related products from a kiosk in Loyalist Plaza for the period June 17 to September 15, 1991, at a license fee of $100 per month or part thereof. 4. That as recommended by the Acting City Manager, Mr. Daniel Beman be advised that the City is not prepared to sell land on Eldersley Avenue for the construction of a home at this time. 5. That as recommended by the Acting City Manager, the submitted Terms of Reference for a Community Recreation and Open Space Strategy study be adopted and a proposal call be made to contract a consultant to develop a Community Recreation and Open Spaces Strategy for the City of Saint John. June 17,1991, Saint John, N.B. Respectfully submitted, (sgd.) Arthur L. Gould, C h air man. On motion of Councillor A. Vincent 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 Knibb Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. Councillor Landers asked why, in view of the recommendation in section 5 of the above report relative to a study on community recreation and open space, more consideration is not being given for the possible future utilization of the Fallsview Avenue land in this manner. Mr. Morrison explained that, having visited the site in question and on the basis that the proposed study will help to assess the subject property, the land in question is that on which buildings are located and the water cannot be seen from any location on that site. Councillor A. Vincent suggested that, on the basis of the possible future relocation of the Irving Pulp and Paper Mill from this area, this matter should be tabled to determine if National Parks of Canada, the 82-991 COMMON COUNCIL JUNE 17, 1991 Province or some other Federal agency would be interested in providing funding to assist the City in the future development of a park. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that section 2 of the above report be laid on the table for 3 weeks and the Mayor appoint a committee to approach the Province with respect to funding. Question being taken, the tabling motion was carried with the Mayor and Councillors Coughlan, Davis, Fitzpatrick and Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that section 5 of the above report be adopted. During discussion Mr. Morrison confirmed that the information flyer proposed for public distribution will be submitted to Council prior to distribution, and advised that the Advisory Committee referred to in the Terms of Reference is already in place and was established to advise the Working Committee and to assist in advising the consultant as the study proceeds, the membership in the Advisory Committee consisting of Bob Capson of the Recreation and Parks Advisory Board; business representative Darryl Goyetche; Boy Scouts representative Ross Francis; a representative of the Fundy Region Integration Council; Paul Castle of Hospitality Saint John; Steve Clayton of the Saint John Naturalists Club; Environment representative, Stephen Drost; an environmental planner with the Federal Government; David Goss as a history heritage representative; Carolyn Bertin representing Latimore Lake Recreation Centre; the Lancaster Kiwanis Club President; a UNBSJ representative; Terry Murphy representing New Brunswick Community; Arts and Culture representative Betty Tompkins, and Carl White of PRUDE Inc. Mr. Morrison, in response to the Mayor's question about who appointed the Advisory Committee, advised that the Working Committee did so, which is composed of him representing Parks, Pat Palmer and David O'Toole of Recreation, Monica Chaperlin of Planning, Gary Baird from the Province of New Brunswick, Terry Moore of the Saint John YM-YWCA, UNBSJ representative Mike Quinn, and School District Number 20 representative Suzanne Bonnell. The Mayor expressed the opinion that such committee members should have been appointed through the Nominating Committee, and Mr. Robichaud explained that, in preparing the proposed Terms of Reference, staff took the approach of involving persons in the community whose backgrounds are in this area to work as a staff group. Deputy Mayor Gould expressed concern about an anticipated expenditure of approximately $100,000 to engage consultants to advise the City where its recreational fields and playgrounds should be located on the basis that this amount combined with the $50,000 funding approved recently could be utilized to install services on Charles Street; and Councillor Flewwelling expressed the opinion that it is Council's responsibility through the Nominating Committee to appoint persons to committees carrying out tasks for the City. Mr. Robichaud suggested that, if Council has a problem with the Committees and 82-992 COMMON COUNCIL JUNE 17, 1991 concurs with the Terms of Reference, Council could proceed to approve the Terms of Reference at this time and consider recommendations relative to committees at a later date. The Mayor questioned the need to engage a consultant to advise staff where to locate parks and greenery, to which Mr. Robichaud replied that the City does not have the expertise on staff to properly carry out the study, due to staff's lack of time to concentrate their efforts on other than their daily tasks, and that direction is needed on the order in which to carry out community recreation and open space development. Question being taken, the motion was carried with the Mayor and Councillors Flewwelling, Gould and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Master Plumbers Examining Board, the application of Mr. George Freeze of 40 Midwood Avenue, Saint John, for a Master Plumbers License be approved and a 1991 Master Plumbers License be issued to him upon payment of the prescribed fee. Question being taken, the motion was carried. Read a letter from Anderson Architect Limited referring to the recent announcement of the invitation to three architects to submit designs for two proposed new fire stations, and to the subsequent debate over selection procedures initiated by a letter from Group Ten Architecture Partnership considered by Council on June 3; advising that, at the time of the original request for proposals for one fire station in February 1990, Anderson Architect Limited debated issuing a proposal for consideration, although circumstances at that time precluded the effort as, had it been selected, its then current project load would have taxed its resources; and requesting, given that this is a new proposal being put forth by City staff as there are now two new fire stations being considered and as it is understood that the original site for the West Saint John station is in serious doubt, Anderson Architect Limited be considered for the aforementioned work or, at a minimum, a new request for proposals be issued. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that staff be instructed to call for proposals with respect to the above matter. Councillor Knibb initially proposed a motion, which was seconded by Councillor Landers, that the above letter be referred to staff. Councillor Knibb, in proposing the initial motion, asked if a decision had been reached to readvertise for proposals, and Mr. Wilson expressed the understanding that Council, in referring to staff the letter from the Group Ten Architecture Partnership, asked staff to advise Council only if action different from staff's previously-recommended action was to be considered, and advised that staff is still of the opinion that the City would be properly served by proceeding with the short list of the three firms of which Council was advised previously. Councillors Knibb and Landers subsequently withdrew their motion upon Councillor Knibb's motion that the City readvertise for proposals on the basis that a determination of a year ago may not be valid at this time, and that staff be instructed to reconsider proposals for the design of two new fire stations. Discussion was with regard to the question of whether or not the fact that the design is now for two rather than one fire station represents a major change, and Mr. Wilson noted that the call for proposals was not a tender call in the sense that there were detailed specifications, but rather a call for proposals where the City would assess the ability of various firms to do a job and that it is staff's opinion that a firm, which was capable and met the criteria to design one fire station, would obviously be capable of designing two stations, and that there is obviously a potential for a saving in fees by having two stations designed as opposed to one station, but the initial evaluation did not put fees as one of the major criteria. With respect to the question of proceeding with Common Council resolution of May 27 which authorized that 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, or to call again for 82-993 COMMON COUNCIL JUNE 17, 1991 proposals, Mr. Todd advised that, as a result of the May 27 resolution, staff has received revised submissions from the 3 firms in question, and he also advised that the proposal call is not site specific, but basically is an outline of services required and an estimate of the anticipated construction cost, and that, if indeed Council's decision is to proceed with a public proposal call again, it might not be appropriate at this time to discuss too specifically the matter of fees and what the City anticipates, although he would expect a savings in fees if the City was to proceed with two stations versus one station. The Mayor asked if, based on Mr. Rodgers' indication that he could not advise at this time whether or not the above motion could create a legal problem, Council wished to table the matter for one week to determine if, legally, the City is under any obligation with respect to the three firms in question, or if Council wished to proceed as proposed, subject to the action being legal. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the above matter be laid on the table for one week pending an opinion from the City Solicitor. Question being taken, the tabling motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the letter from Wright Street Housing Co-Operative asking if it would be possible for the City of Saint John Parking Commission to grant the residents of the Co-Operative parking on both sides of Wright Street during the period of construction of its additional 12 new units of family housing on the basis that, since the start of construction in late May, parking has become even more difficult as its parking lot will be out of use for approximately 4 months -- be referred to the Acting City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Atlantic Chapter of Canadian Society For Nondestructive Testing, Inc., expressing support for the Marco Polo project -- be received and filed. (Councillor A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Eric L. Teed advising of his recent visit to the Provincial Tourist Bureau at the New Brunswick-Quebec border in which there is nothing about Saint John's historic heritage or places of interest; and urging that the City take steps to ensure that it is being represented at this main entrance to the Province -- be referred to the Acting City Manager for examination and a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from PRUDE Inc. requesting that rental fees for its space in the City Market be subsidized for the period July 1, 1991 to June 30, 1992 -- be received and filed and the request be granted. 82-994 COMMON COUNCIL JUNE 17, 1991 A motion to refer the above matter to the Acting City Manager for a recommendation was changed subsequent to the Mayor's observation that PRUDE's request is granted each year. Question being taken, the motion was carried. (Councillor A. Vincent re-entered the meeting). On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Mr. George C. Robinson, General Chairman of the Saint John High School Class of '41 Reunion, requesting consideration of a grant to offset the rental fee of the Lily Lake Pavilion on the evening of July 20 -- be received and filed. The Mayor advised that, based on her discussion with Mr. Robinson, the above motion is in order as it is her understanding that the matter has been resolved. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk