Loading...
1991-06-24_Minutes 82-995 COMMON COUNCIL JUNE 24, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fourth day of June, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; 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; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; R. McDevitt, Fire Chief; A Bodechon, Assistant Deputy Chief of Police; J. Baird, Manager - Development Division; G. Yeomans, Manager of Accounting Services; B. Belyea, Budget Officer; R. Murray, Senior Transportation Policy Advisor; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Michael Trites of Edith Avenue Baptist Church 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 17, 1991, be approved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that a resolution concerning the appointment of a City Manager be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that a recommendation of the Acting City Manager (which was considered in Committee of the Whole earlier this date), regarding non-conforming use excavations, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Her Worship the Mayor proclaimed June 24 to 28 to be Hire-A-Student Week in the City of Saint John, and welcomed to the City representatives of the Canadian Association of Equipment Operators and Distributors; and Councillors Landers and Knibb, members of the Saint John Canada Day Committee, commented on the forthcoming July 1 Canada Day activities. 82-996 COMMON COUNCIL JUNE 24, 1991 On motion of Councillor Rogers Seconded by Councillor Fitzpatrick RESOLVED that Mr. John Brown be appointed City Manager for the City of Saint John, under Section 74(1) of the Municipalities Act and the City Government Act, on the following terms: (1) annual salary: $85,000; (2) annual vacation - 4 weeks; (3) City vehicle to be provided; and (4) to reside within City limits. Councillors Flewwelling and Knibb expressed opposition to the above motion on the basis of their support for City Manager candidate Daryl Wilson. Question being taken, the motion was carried with the Mayor and Councillors Flewwelling and Knibb voting "nay". (Councillor M. Vincent withdrew from the meeting.) The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 1770 Rothesay Road, being that part of L.R.I.S. Number 30119747 lying within the City of Saint John, from "RS-2" One- and Two-Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, to permit the relocation of St. James the Less Anglican Church to the subject site, as requested by St. James the Less Church Corporation, and that no written objections were received in this regard. No person was present with respect to the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee recommending that the City of Saint John Zoning By-Law be amended by re-zoning the parcel of land at 1770 Rothesay Road, being that part of NBGIC Number 30119747 lying within the City of Saint John, from "RS-2" One-and Two-Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act requiring that: (a) the property be developed and maintained in accordance with a detailed site plan prepared for and approved by the Development Officer prior to building permit approval and indicating: (i) the location of buildings no closer than 15 metres (50 feet) from the side and rear lot lines; (ii) a paved parking area no closer than 7.5 metres (25 feet) from the side and rear lot lines, enclosed by poured-in-place concrete curbs; (iii) a buffer of trees and bushes along the side and rear lot lines; and (iv) landscaping of all other areas of the lot not occupied by buildings and structures; (b) a grading and drainage plan be prepared for the approval of the Chief City Engineer prior to building permit approval, indicating the method of grading the property to avoid excessive runoff onto adjoining properties; (c) the development be connected to the Village of Renforth sewer system; and (d) all site improvements indicated on the site and drainage plan be completed no later than one year following building permit approval. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 1770 Rothesay Road, being that part of NBGIC Number 30119747 lying within the City of Saint John, from "RS-2" One- and Two-Family Suburban Residential to "IL- 1" Neighbourhood Institutional 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 was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. 82-997 COMMON COUNCIL JUNE 24, 1991 On motion of Councillor Knibb Seconded by Councillor A. 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 1770 Rothesay Road, being that part of NBGIC Number 30119747 lying within the City of Saint John, from "RS-2" One- and Two-Family Suburban Residential to "IL- 1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed re-zoning be received and filed. 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 292-294 Duke Street West (NBGIC Number 361980), comprising approximately 5,200 square feet, from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, to permit the conversion of the existing three-unit apartment building to a six-unit building, as requested by Mr. Justin J. Keddy, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the proposed re-zoning of 292-294 Duke Street West from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification be approved. Mr. Jean Claude Gaudet of Justin Keddy Enterprises appeared in support of the above application and explained that the building has been purchased with the idea of turning it into six units in view of the number of applicants who wish to reside at the subject location, and asked Council's support of the re-zoning. On motion of Councillor Knibb Seconded by Councillor Rogers 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 292-294 Duke Street West (NBGIC Number 361980), comprising approximately 5,200 square feet, from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, be read a first time. Councillor Fitzpatrick noted that, although the current zoning of the above property permits one- and two-family residences, the existing building has three units, and asked if there has been any enforcement of the By-Law in this regard, to which Mr. Bedford replied that the application is before Council as a result of an enforcement procedure in that activity was occurring in the way of internal renovations at the site and the owner was told by the Building Inspection and Planning Departments that an amendment was required, and that he is unaware of the length of time the building has had three units. 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. 82-998 COMMON COUNCIL JUNE 24, 1991 On motion of Councillor Knibb Seconded by Councillor Rogers 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 292-294 Duke Street West (NBGIC Number 361980), comprising approximately 5,200 square feet, from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that in the absence of the Mayor and the Deputy Mayor, Councillor Flewwelling preside over the meeting. Question being taken, the motion was carried. (The Mayor withdrew from the meeting whereupon Councillor Flewwelling assumed the chair.) The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions with respect to signage imposed on the Hilyard Place development pursuant to Section 39 of the Community Planning Act, to permit the facia signage to remain as installed on the rear of the above-noted building for Coca Cola Bottling, as requested by Atlantic Neon & Plastic Signs Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the application of Atlantic Neon & Plastic Signs Ltd. be approved to permit the existing signs as installed. Mr. P. Brodersen of Atlantic Neon & Plastic Signs Ltd. appeared in support of the above application and expressed satisfaction with the Planning Advisory Committee's recommendation. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that as recommended by the Planning Advisory Committee, the application of Atlantic Neon & Plastic Signs Ltd. for an amendment to the conditions imposed on the Hilyard Place development pursuant to Section 39 of the Community Planning Act, to permit the existing signs as installed, be approved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Planning Advisory Committee regarding the above amendment be received and filed. 82-999 COMMON COUNCIL JUNE 24, 1991 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 38 Coburg Street (L.R.I.S. Number 15461), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the establishment of a tea room and an art, craft, gift and antique gallery in the existing building, as requested by Joe and Rhoda Boyce, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the Saint John Zoning By-law be amended by re-zoning a parcel of land at 38 Coburg Street (NBGIC Number 15461), from "RM-1" Three- Storey Multiple Residential to "B-2" General Business classification. Mr. Joe Boyce appeared in support of the above application for re- zoning and noted that his property is adjacent to The Carriage Trade at 36 Coburg Street which was re-zoned in December 1990 and, in response to Council queries, advised that the building will continue to house three tenants in the upstairs, and commented on the proposed establishment. Councillor Fitzpatrick asked if it is becoming more prevalent to have combined residential and business uses in the same building in the fringes of the uptown area of the City, to which Mr. Bedford replied that staff, having received the application to re-zone 36 Coburg Street and the above application, considered dealing with the whole block of Coburg Street; however, as the City is in the process of reviewing the uptown and going through an uptown strategy process that will become more public in the fall, it was considered more appropriate to deal with this issue at that time. On motion of Councillor Knibb Seconded by Councillor Rogers 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 38 Coburg Street (NBGIC Number 15461), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor A. Vincent Seconded by Councillor Fitzpatrick 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 38 Coburg Street (NBGIC Number 15461), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. 82-1000 COMMON COUNCIL JUNE 24, 1991 The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to conditions with respect to signage imposed on the Market Square development pursuant to Section 39 of the Community Planning Act, to permit the installation of a projecting sign on Smythe Street indicating the parking garage, the proposal being of the same design as the sign currently in place on Chipman Hill, as requested by Plasticraft Ltd., and that no written objections were received in this regard. No person was present with respect to the proposed amendment. Consideration was given to a letter for the Planning Advisory Committee advising that, having considered the submitted Planning staff report at its June 18 meeting at which no persons were in attendance and no letters were received, staff noted that it had made alternate suggestions to the applicant for a sign which would be more compatible with the character of the Market Square development and the owner has undertaken to revise the proposed sign which, if in accordance with the submitted preferred style, will not require an amendment to the Section 39 conditions, and recommending that the public hearing be held but a decision on the above application be laid on the table. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, the application of Plasticraft Ltd. for an amendment to the conditions with respect to signage imposed on the Market Square development pursuant to Section 39 of the Community Planning Act, be laid on the table. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an area of land at 53 Union Street and the recently-closed George Street (NBGIC Numbers 38901 and 55011886 - part), from "B-3" Central Business and "B-2" General Business to "ID" Integrated Development classification, to permit all of the proposed Mercantile Centre to be located in an "I-D" Integrated Development Zone, as requested by Saint John Mercantile Centre Limited, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that an area of land known as 53 Union Street and the recently-closed George Street, having NBGIC Numbers 38091 and 55011886 (part), respectively, be re-zoned from "B-3" Central Business and "B-2" General Business to "ID" Integrated Development classification, subject to a Section 39 resolution adopting the development proposal as submitted on condition that: (a) a pedestrian link to the existing pedway system be constructed as part of the development as per a detailed agreement between the applicant and the City; (b) the cost of upgrading Union Street be subject to cost-sharing terms acceptable to the Chief City Engineer and the developer; (c) detailed plans and specifications of the exterior building design be approved by the Development Officer as part of the building permit approval process; (d) a detailed landscaping plan be prepared by the applicant and approved by the Development Officer within 6 months of building permit approval; and (e) all signage will be in accordance with the "B-3" Central Business standard and approved by the Development Officer. Mr. Kirk MacCullough, President of Saint John Mercantile Centre Limited, appeared in support of the above application to respond to Council queries in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an area of land known as 53 Union Street and the recently-closed George Street, having NBGIC Numbers 38901 and 55011886 (part), respectively, from "B-3" Central Business and "B- 2" General Business to "ID" Integrated Development classification, pursuant to Section 82-1001 COMMON COUNCIL JUNE 24, 1991 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an area of land known as 53 Union Street and the recently-closed George Street, having NBGIC Numbers 38901 and 55011886 (part), respectively, from "B-3" Central Business and "B- 2" General Business to "ID" Integrated Development classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. (Councillor Landers withdrew from the meeting.) 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 June 12-18, 1991 $59,394.29 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, pursuant to Section 41 (1) of the Community Planning Act, the Common Council of the City of Saint John require that the following non-conforming use be maintained and kept in accordance with the standards prescribed specifically: (a) the Bustin pit operated by: (i) Standard Construction Ltd. pit at 913 Latimer Lake Road (NBGIC Number 333526); (ii) Thomas Construction Ltd. pit at 1003 Latimer Lake Road (NBGIC Number 329409), be required to comply with Section 880 of the Zoning By-Law, except for subsection (2), (3), (11)(b) and (f)(i), (12)(b) and (f)(i) as these apply to the common property line, and also excepting (18), (19), (20); (b) the Dexter pit operated by: (i) Galbraith Construction Ltd. pit at 393 Manchester Avenue (NBGIC Number 408292), be required to comply with Section 880 of the Zoning By-Law except for subsections (2), (3), 11 (f)(i), and (12)(f)(i), (18), (19), (20); 82-1002 COMMON COUNCIL JUNE 24, 1991 (c) the seven other pits operated by: (i) McNulty Cartage Ltd. operation at 475 City Line (NBGIC Number 390104); (ii) Gulf Operators Ltd. pit owned by J.D. Irving Ltd. at 990 Grandview Avenue (NBGIC Number 337964); (iii) Thomas Construction Ltd. pit at 370 Latimer Lake Road (NBGIC Number 335232); (iv) Fundy Bay Holdings Ltd. pit at 460 Latimer Lake Road (NBGIC Number 334565); (v) Galbraith Construction Ltd. pit at 2614 Golden Grove Road (NBGIC Numbers 350595, 351650 and 353250); (vi) Grove Construction (1986) Inc., quarry-owned by Mr. Kilpatrick, at 2740 Golden Grove Road (NBGIC Number 351239), and (vii) Debly Construction pit at 873 Hillcrest Road (NBGIC Number 309906), be required to comply with Section 880 of the Zoning By-Law with respect to subsection (11)(h), (12), (13), (14), (15), (16) and (17). Question being taken, the motion was carried. Mr. Rodgers expressed the understanding that there is additional information for Council's consideration with respect to security for Standard Paving, and Mr. Brown advised that the amount of the bond has been revised to $150,000 as opposed to a higher limit initially imposed. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that Common Council resolution of April 22, 1991, concerning a surety bond in the amount of $380,000 from Standard Paving Maritime Limited with respect to the gravel pit at 913 Latimer Lake Road, be rescinded: AND FURTHER that as recommended by the City Manager, money or a surety bond in the amount of $150,000 be accepted from Standard Paving Maritime Limited as security to ensure the rehabilitation of the gravel pit at 913 Latimer Lake Road. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 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 construction progress certificate, namely:- 1. Contract 90-15, Golden Grove Road Watermain Gulf Operators Limited Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Subtotal GST Component Sum recommended for payment, Progress Estimate Number 3, dated June 20, 1991 Final holdback release $123,406.00 128,357.15 Nil 127,557.15 800.00 56.00 $ 856.00 (Councillor Landers re-entered the meeting.) Councillor Fitzpatrick asked why GST would be applied to work carried out in 1990, and Mr. Armstrong explained that the payment in question is for the release of holdback for deficiencies that were completed in May 1991. Question being taken, the motion was carried. 82-1003 COMMON COUNCIL JUNE 24, 1991 On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Acting City Manager, contract 91-8, corrosion protection, sewage lift stations, be awarded to the low tenderer, Corrosion Services Company Limited, at the corrected tender amount of $21,850, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 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, contract 91-11, Walter Street sewage lift station and Rothesay Avenue sanitary sewer extension, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the bid price of $168,660.10, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the report from the Acting City Manager regarding the request considered on May 27 from The Cadillac Fairview Corporation Limited for the City to be the host sponsor for the Buskers On The Boardwalk '91 to be launched by Market Square and K100 FM Radio from August 2 to 5; advising that the host sponsor category would have the effect of the City co-hosting the V.I.P. reception scheduled for Friday, August 2 at the Trade and Convention Centre and the opening ceremonies which are to follow on the Boardwalk immediately following the reception; and recommending that Council approve a grant in the amount of $5,000 to enable its participation as co-host of the Buskers On The Boardwalk '91 event -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor A. Vincent RESOLVED that the report from the Acting City Manager advising that, further to Council's request of June 10 for notification to be given to Council members in the event of a death of City staff employees or retirees, where possible, notification to Council through the Mayor's Office has been provided by the Department of Human Resources, including information regarding the employment of the employee or retiree, surviving family, visiting at the funeral home, and date and time of the funeral, and that a request has also been placed with the funeral homes to notify Common Council, through the Common Clerk's Office, of the death of City staff employees and retirees; and noting that it should be recognized that deaths which occur late in the week or on weekends could still result in very short notice of funerals -- be received and filed. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that the Common Council of the City of Saint John express sympathy to the family of the late Mr. Edward Gilbert, a former police officer with the City of Saint John, who passed away on June 13. Question being taken, the motion was carried. 82-1004 COMMON COUNCIL JUNE 24, 1991 On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the tender as submitted by David C. Francis Co. Ltd., in the amount of $1,284, be accepted for the demolition of the Lorneville Clubhouse (L.R.I.S. Number 285551). Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the tender as submitted by Galbraith Construction Ltd., in the amount of $1,850, be accepted for the demolition of the remains of a building located at 565 Rothesay Avenue (L.R.I.S. Number 304584). Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the Chief of Police advising that, with regard to the April 15 letter to Council from Trinity Royal Merchants Association concerning ongoing problems in the area, there are foot patrols in the uptown area between 8 a.m. and 9 p.m. depending on the availability of personnel, as well as foot patrols by officers dressed in casual street attire and who are youthful in appearance, the latter being the subject of a grievance by the Union which is maintaining that inconspicuous foot patrols and the checking of patrons in various bars and licensed premises is the responsibility of the Liquor & Morality Squad only; also advising that a system has also been initiated of having officers on vehicle patrol frequent various business establishments during the evening when they are open to provide a visible presence and improve security; and noting that, on the matter of break and enters in the Trinity Royal area, while there were a large number of such offences, a number of arrests and successful prosecutions have resulted against several individuals, both young offenders and adults -- be received and filed and a copy be forwarded to the Trinity Royal Merchants Association. Councillor Coughlan asked that the City Manager inquire to the Saint John Board of Police Commissioners as to the feasibility of having a more visible canine presence in the Trinity Royal and residential areas of the City. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the City Solicitor referring to letters from the Group Ten Architecture Partnership and Anderson Architecture Limited considered by Council on June 3 and June 17, respectively, complaining about the City's action of inviting three architects to submit designs for two proposed new fire stations; and expressing the opinion that Council, from a legal standpoint, has done nothing inappropriate, and that, from an administrative policy point of view, Council, in its recent action, was operating within the framework of its administrative authority -- be received and filed. Question being taken, the motion was carried. Councillor Knibb made the observation that the City Solicitor's opinion is that there is nothing unlawful with Council proceeding in accordance with the May 27 Council resolution or the motion that was tabled on June 17 to call for new proposals. 82-1005 COMMON COUNCIL JUNE 24, 1991 On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the resolution, which was tabled on June 17, regarding calling for proposals for the design of two proposed new fire stations, be taken from the table. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Mr. Rodgers expressed the opinion that Council can either proceed to vote on the motion to call for proposals as it is now on the floor, or propose the motion again at this time. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that a new request for proposals be issued for the design of two new fire stations. (Councillor Fitzpatrick re-entered the meeting.) In response to Councillor Rogers, Mr. Todd confirmed that the information on which staff based its recommendation to Council to request proposals for the design of two new fire stations from the firms of Duschenes Fish & Start, MMC Architects Ltd., and Comeau MacKenzie, which was adopted by Council on May 27, is still valid and it is appropriate to proceed in that manner, and explained it is considered appropriate due to the fact that the firms had already expended the cost to proceed to submit proposals at the City's request and no decision was made on same, and that, to be fair to the short-listed firms which had submitted proposals originally, it was considered appropriate to go back to those firms and not to, once again, request public proposals. Councillor Coughlan, in speaking against the above motion, made the observation that it is not unprecedented within the City to ask consultants to expand on their previous work carried out for a particular project; and Councillor A. Vincent suggested that the firms that have complained about the process should have submitted proposals in the first instance. Councillor Davis expressed the opinion that the three architectural firms, which have already done work in this regard, are probably better prepared to carry out the design and that proceeding to public tender could take another six months, and that, while the job in question is now larger, it is still the same job as required in the initial proposal call. Question being taken, the motion was lost, a tie vote having been created with Councillors Coughlan, Davis, Rogers and A. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that Council confirm the previous staff recommendation regarding proposals for the design of two new fire stations, with the three consulting firms to proceed and staff to submit a recommendation to Council at the appropriate time. Question being taken, the motion was carried with Councillors Fitzpatrick, Knibb and Landers voting "nay". Consideration was given to a letter from Councillor Davis, Chairman of the Finance Committee, referring to the submitted 1990 Financial Statements of The City of Saint John General Fund, The City of Saint John Water and Sewerage Utility, The City of Saint John Reserves, Sinking and Trust Funds, the operating highlights as prepared by the Finance Department, and the auditor's reports prepared by Coopers & Lybrand, the latter containing new wording that has been adopted by the Canadian Institute of Chartered Accountants which is intended to clarify the responsibility of both the City's management and the City's auditors; and proposing that the audited Financial Statements be adopted and filed. 82-1006 COMMON COUNCIL JUNE 24, 1991 Mr. Wilson read the operating highlights of the General Fund advising that, as a result of 1990 operations, the General Fund has been able to continue financial projects that would have otherwise been financed by way of the issuance of 1 O-year bonds, and that the actual results of operations for the year have not only allowed the financing of $1,366,648 of capital work from current operations, as contemplated in the 1990 budget, but increased by $800,352 while still allowing a reported surplus of $671,045, and that this financing of $2,167,000 of capital work brings the total to $8,543,512 for the years 1986 to 1990; explaining that, because of this, the City was able to proceed with the major capital budget recently approved by Council, and that this is perhaps the single most significant event stemming from the operations of the General Fund in 1990; and also advising that, in total, the General Fund received $82,779,401 in revenue, which was $102,517 more than anticipated when the budget was set. With regard to expenditures, Mr. Wilson advised that total expenditures amounted to $82,108,356 or $568,528 less than budget, which means that the General Fund expenditures were .68% less than what was contained in the 1990 budget and 5.2% more than those incurred in the previous fiscal year, with significant underexpenditures in the City Manager's Office, Public Relations Department, Accounting, Cash & Collections and the City Solicitor's Department, and the costs for occupying City Hall being $200,000 less than budget arising from a settlement with the landlord that followed the 1990 budget approval; and that necessary cost overruns occurred with the advent of the Goods and Services Tax, increased insurance premiums and claims beneath the deductible limit on the City's policy, and, while costs of running the Police Department amounted to $13,307,032 or $179,568 less than budget, overtime costs were $234,000 more than budget, although offsetting this overage was an underexpenditure resulting from other salary costs being less than the amount budgeted as well as a $97,000 underexpenditure flowing from the fact that little progress has been made on the Civilianization Program; and that the Fire Department underspent its operating budget to the extent of $162,107 due primarily to improved utilization of holiday-relief firefighters and improved scheduling of forces on statutory holidays. Mr. Wilson commented on an overexpenditure of $494,079 in providing transportation services, which occurred within the Mechanical and Carpentry classification as opposed to Street Maintenance, Parking or Engineering Services; an underexpenditure of $482,287 in the Environmental Development Services, and underexpended budgets in the Department of Environment and Infrastructure of $44,000, Property Management of $34,600, Port Promotion and Economic Development of $58,738, Tourism Department of $177,000, Recreational and Cultural Services of $28,479; and fiscal services of $42,906 following the decision to write off a further $800,000 of capital jobs against current operations, with the continual drop in the bank's prime lending rate during 1990 also contributing to the significant underexpenditure in short-term interest costs. Mr. Wilson noted that the City's current amount owing in long-term borrowings is $33,199,307, which compares to an amount of $41,832,525 as of December 31,1985, and that the reduction of over $8.6 million, during a period of ever-increasing capital programs, has been accomplished as a result of the City's policy of funding more and more of its capital program directly from operations; and also that the City's costs of servicing both its short- and long-term debt represents 11.7% of the City's total expenditures in 1990 compared to 15.7% in 1985 and, while it is not anticipated that this trend will continue because of the large capital programs being considered for the next few years, this demonstrates increased flexibility within the expenditure base that simply was not there five years ago. Mr. Wilson concluded that 1990 can be described as a financial success and that, while underexpenditures occurred in a number of areas, they were not in those areas where the public would notice a reduction in services. (The Mayor re-entered the meeting during the above presentation and reassumed the chair.) On motion of Councillor Davis Seconded by Councillor Coughlan RESOLVED that the 1990 Financial Statements of The City of Saint John General Fund be adopted and filed. Messrs. Hugh Tidby and Peter Wilshaw of Coopers & Lybrand were present at the meeting and, during discussion, Mr. Tidby expressed the opinion that the reduction in the debt since 1985 to its present level is very commendable, particularly 82-1007 COMMON COUNCIL JUNE 24, 1991 when considering the rising debt in other levels of government throughout Canada, and a step in the right direction for the City, and that the City is in a sound financial condition. With regard to Councillor Knibb's concern about subsidization of groups, such as the Aquatic Centre Commission, the Trade and Convention Centre and the Transit Commission, Mr. Wilson explained that, like City departments, such groups are providing services to the taxpayers as well and go through the budget preparation process very carefully, and that any reductions in their budgets would result in substantial reductions to the taxpayers, while on the other hand those groups are taking a very close look at marginal-type services being provided and moving more and more toward a recovery of expenses approach. The Mayor suggested that Councillor A. Vincent should discuss with Mr. Wilson the matter of insurance relevant to renting rooms at the Trade and Convention Centre. In response to Councillor Rogers, Mr. Tidby advised that the underlying systems for purchasing and inventory control have been audited and a management letter will be prepared for presentation to Council which will highlight a number of things dealing with the internal financial systems of the City, although nothing was found as a result of this review which gave any cause to believe that the figures in the Statements are materially misstated; in other words, the systems are adequate for the purposes of reporting on the Statements. Question being taken, the motion was carried. Mr. Wilson read the operating highlights of the Water and Sewerage Utility explaining that, while the actual operations of the Utility were not too much different from what was anticipated when the 1990 budget was established, in addition to those items that were anticipated, the following two unusual items surfaced in 1990 which have put the Utility in a deteriorated financial position and resulted in the Utility having an accumulated deficit far in excess of the previous high of $633,000 which had existed in 1983: (1) since the initial installation of meters during construction of the Coleson Cove Generating Plant, NB Power had been overbilled for water consumption, resulting in the Utility having to record an unusual item of $1,108,456 in this overbilling for the years 1989 and prior; and (2) the fact that the Utility had been underbilled by The Power Commission of the City of Saint John for power consumed at the Lancaster wastewater treatment plant since 1977, in an amount calculated at $176,807, it was necessary to charge this amount to the 1990 operating results of the Utility; with the financial consequences of both of these events being the major highlights of the operations of the Utility in 1990. Mr. Wilson advised that, although revenue and expenditures fluctuated, the combined effect of $1,285,263 resulting from the two events referenced pose the greatest challenge to the Utility in the next few years, and the surplus of $242,352 which existed at the beginning of the year has had to be charged with these two unusual items along with a current year operating deficit of $17,756, with the end result being a total accumulated deficit of $1,060,667; and also advised that, total revenue from the actual 1990 operations, excluding the unusual items, amounted to $15,437,844 or $125,437 more than budget, and that revenue earned as a result of charges to the Utility's customers amounted to $67,207 less than the amount budgeted, with revenue earned from metered customers who pay By-Law rates being less than the amount budgeted, which is believed to be as a result of a slowdown in the economy in 1990; and revenue received as a result of charges to the City's General Fund for fire protection and storm sewer charges exceeded budget by $192,644, with authority for these charges found in the Municipalities Act and represent a recovery of certain costs incurred by the Utility. With regard to expenditures, Mr. Wilson advised that actual expenditures exceeded the amount budgeted by $322,751, and that, in analyzing this overexpenditure, it was determined that budgeting for certain expenditures within the Utility did not adequately reflect the costs to be incurred as a result of the ambitious road resurfacing program undertaken by the Works Department in 1990; and that personnel costs were overspent by $35,700, as was the Billing and Collections budget by $25,583, the latter resulting directly from the engagement of Coopers & Lybrand to assist with the gathering of information necessary for the preparation of negotiations with the Utility's contract customers, which Council approved. Mr. Wilson further advised that the cost of servicing the debt to the Utility, along with the cost of providing an early payment incentive to customers, amounted to $6,078,749 which was $179,558 less than budget, with the gradual decline in the interest rates being the major contributing factor; and that, within Fiscal Charges, a budget amount of $125,000 was identified as capital projects to be written off against current operations; however, given the events that transpired in 1990 and the deficit position in which the Utility now finds itself, it was not possible to continue with this plan 82-1008 COMMON COUNCIL JUNE 24, 1991 in 1990. Mr. Wilson concluded that, as the Municipalities Act requires that the accumulated deficit must be recovered within a three-year period, rates must be significantly increased or expenditures dramatically reduced, both solutions having inherent problems in that the substantial rate increases will be viewed as simply more taxation by government whereas expenditure reductions will result in service reduction, and that the challenge for staff and elected officials will be to arrive at a compromise between the two approaches that will ensure the continued viability of the Utility. On motion of Councillor Davis Seconded by Councillor Coughlan RESOLVED that the 1990 Financial Statements of The City of Saint John Water and Sewerage Utility be adopted and filed. During discussion Mr. Wilson advised that negotiations with three contract customers are ongoing and it is anticipated that negotiations will be finalized by the time a 1992 budget is prepared so that the meaning of the results and the amount of the shortfall can be determined; Mr. Totten expressed the opinion that the City's rates to flat-rate customers are very competitive in New Brunswick and in the Maritime Provinces, although it is very difficult to compare one municipality with another in the case of metered customers due to the changes in consumption blocks, charging systems and so on; and Mr. Tidby, in noting that the systems used in the Utility are very similar to those used in the General Fund, advised that his comments relative to the General Fund also apply to the Water and Sewerage Utility, and that he would describe the systems as certainly being adequate. Question being taken, the motion was carried. On motion of Councillor Davis Seconded by Councillor Knibb RESOLVED that the 1990 Financial Statements of The City of Saint John Sinking, Reserve and Trust Funds, be adopted and filed. 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 June 17, 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 a grant of $20,000 be approved for the Romero House building fund. 2. That as recommended by The Saint John Jeux Canada Games Foundation, Inc., Messrs. Kenneth V. Cox and James Morrell be reappointed to the Board of Governors of the Foundation for a term ending December 31, 1993 or until their successors are appointed. June 24, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. 82-1009 COMMON COUNCIL JUNE 24, 1991 On motion of Councillor Landers Seconded by Councillor Knibb 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 Flewwelling RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Joyce Enright, an employee of the Technical Services Department, on an actuarially-adjusted pension under provisions of Section 4(2) of the City of Saint John Pension Act. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Arnold Buck, an employee of the Fire Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the petition from residents of Second Street and Cedar Grove Crescent expressing concern that the City is considering cutting down trees in the area as they are diseased and/or there is a need for wider sidewalks; asking for concrete proof if it is a case of disease; advising that, as for sidewalk widening, they would prefer to keep the trees; and asking that no further action be taken by the City in this matter unless they are advised -- be received and filed. The original motion proposed by Councillor Knibb and seconded by Councillor Coughlan was to refer the above petition to the City Manager whereupon the Mayor asked if staff could report at this time. Mr. Morrison explained why the trees in question are to be removed, noting that poplar trees are a particularly undesirable tree species to have in an urban environment because they grow, mature and fall very fast, and that the trees in question are in a state that a heavy wind or storm could cause them to fall over, with the ones on Cedar Grove being large enough to crush a house. Mr. Morrison confirmed that the trees would be replaced after the street curbing and sidewalk work is completed; and during discussion he commented on the practice of notifying residents concerned of the City's intentions regarding tree removal and his willingness to meet at any time with residents to discuss tree health and hazards. Mr. Morrison advised of the City's initiation of year-round pruning and continual preventative maintenance which, hopefully, will prevent trees from declining and falling over, and agreed that the more awareness that can be raised about trees the better. 82-1010 COMMON COUNCIL JUNE 24, 1991 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Diana Young for the re-zoning of 133 Courtenay Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, August 6, 1991. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Mr. Lloyd Betts registering his disapproval of the expenditure of $100,000 for the study of future recreational needs in the City, on the basis that the City is having enough difficulty maintaining current facilities as attested to by the deplorable conditions at Rockwood Park, and that the study should be readily handled in-house if the Director of Parks has the credentials to handle that position -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk