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1991-07-15_Minutes 83-24 COMMON COUNCIL JULY 15,1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of July, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Coughlan, Fitzpatrick, Flewwelling, Knibb, Landers and Rogers -and - Messrs. J. Brown, City Manager, F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; W. D. Todd, Director of Housing and Property Management; P. Groody, Commissioner of Human Resources; M. Jamer, Director of Works Operation; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; A J. Martin, Assistant Deputy Police Chief; G. Tait, Deputy Fire Chief; J. Johnson, Building Inspector; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary Reverend Bob Freill, Pastor of St. Joachim's Church, offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on July 8, 1991, be approved. Question being taken, the motion was carried. Mr. Steven D. Fowler, Chairman, Board of Directors of Loyalist Days Inc. appeared before Common Council to present their 1991 program of events and 1990 audited financial statements and outlined some of the special features taking place and noted that the International Gathering of the Irish will take place during Loyalist Days and expressed his appreciation to Common Council, the citizens and businesses for making their 20th anniversary a success. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor Wayne submitting a letter from the Honourable Herbert O. Sparrow, founder of Soil Conservation Canada, advising that the organization is a national non-profit-non government - charitable organization whose mandate is to promote the preservation and enrichment of the nations soils for the benefit of future generations and enclosing a membership application form -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that items regarding the proposed agreement with The Mercantile Centre Ltd. and a matter concerning the new Fire Stations Number 5 and Number 7, (which had been considered in Committee of the Whole earlier this date), be added to the agenda for consideration at this time. Question being taken, the motion was carried. 83-25 COMMON COUNCIL JULY 15,1991 On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, Council agree in principle to the terms of the proposed agreement with The Mercantile Centre Ltd. relative to the construction and operations of the so- called Union Street Pedestrian Link, and refer the matter to the Legal Department for preparation of the necessary documentation. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the firm of Duschenes, Fish & Start Architecture be contracted to complete the design and related activities relative to new Fire Stations Number 5 and Number 7, at an estimated fee of $130,000. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Supply of asphalt Maritime Limited June 26-July 2, 1991 $46,277.22. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, contract 91-12, Central Avenue-Dufferin Row water and sewer renewal, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $229,301.00, 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 Rogers Seconded by Councillor Knibb RESOLED that the letter from the City Manager advising that property located at 124 Victoria Street is actively under consideration for demolition under the 1925 Building Act; that on June 10, 1991, the owner made application to renovate the property; the successful contractor, when reviewing the property determined that the cost of renovation would be substantially higher than he had estimated because the building was in worse condition that he had originally anticipated and as a result the contractor withdrew from the project during the week of June 20, 1991; staff have been attempting to contact the owner to have him secure the project and let staff know if he has alternate plans to renovate the building; that if the property is not made secure and its structural deficiencies remedied immediately, action pursuant to the 1925 Building Act will be taken; that the future demolition of this property will cost about $8,000.00, which the Legal Department would attempt to recover from the owners -- be received and filed. Mr. Johnson noted that unless something is forthcoming from the owner, it is hoped to have the matter concluded shortly. Question being taken, the motion was carried. 83-26 COMMON COUNCIL JULY 15,1991 On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that the matter regarding a Municipal Plan amendment and re-zoning of the City right-of-way adjacent to Strescon Ltd. land, had been tabled at the meeting of July 8, 1991 pending further information on the dykes adjacent to Marsh Creek; that the dykes were constructed pursuant to a 1978 agreement by Strescon Ltd. and was accepted by the City in 1983 at which time a second agreement was concluded which transferred land to Strescon Ltd. and granted the Company access over land to be retained by the City; that maintenance of the dyke is the responsibility of the City and recommending that the City initiate a Municipal Plan amendment and re-zoning of the portion of NBGIC Number 55024921 which is proposed for use by Strescon Ltd. as an access -- be received and filed and the recommendation adopted. Mr. Jamer advised that an unauthorized trench had been dug across a portion of the dyke to prevent vehicular traffic and this will be filled in. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that since the implementation of the Minimum Standards Program, a large number of properties have been inspected and staff have experienced excellent co-operation from the property owners involved in upgrading their premises; that section 101 of the Municipalities Act states "an information for a breach of a by-law shall be laid in the name of the Clerk of the Municipality or by another person designated by Council"; that at the present time, no member of staff has been designated by Council to lay information for breach of the Minimum Standards By-law in Provincial Court and recommending that John H. Johnson, H. Burton Steeves, and David G. M. Crawford be authorized by Common Council to lay information in Provincial Court for breach of the Minimum Property Standards By-Law. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, John H. Johnson, H. Burton Steeves, and David G. M. Crawford be authorized by Common Council to lay information in Provincial Court for breach of the Minimum Property Standards By-Law. (Rescinded June 23, 1997 Bk. 86 Pg. 473 ) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely: - 1. Contract 90-17 OranQe Street Water and Sewer Reconstruction QM Construction Ltd. Original estimated value of contract Total work done, Estimate Number 6 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 6, dated July 12/91 Final holdback release $442,519.00 436,107.64 Nil 432,107.64 4,000.00 280.00 4,280.00 Question being taken, the motion was carried. 83-27 COMMON COUNCIL JULY 15,1991 On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that Council, on April 22, 1991 approved a surety bond for the 1991 excavation permit of Gulf Operators Ltd., located at 491 Bayside Drive in an amount of $158,000; the rehabilitation consisted of fencing of the entire site and after discussions with the applicant and a reappraisal of the final rehabilitation plan, it was found that there will be substantially less fence required to protect the public and vertical faces will continue to be protected by fencing whenever these faces exceed one metre in height and recommending that money or a surety bond in the amount of $60,000.00 be accepted as security to ensure that this pit is rehabilitated -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that Council on April 22, 1991 approved a surety bond for the 1991 excavation permit of Standard Paving Ltd., located at 913 Latimer Lake Road in the amount of $380,000; the rehabilitation estimate included a large quantity of fill to be relocated because the excavation was too close to another adjoining gravel pit; on June 24, 1991, Common Council approved section 41 conditions for this non- conforming use which will enable the owner to excavate to the property line which it has in common with Thomas Construction and recommending that money or a surety bond be reduced to an amount of $100,000.00 and be accepted as security to ensure this pit is rehabilitated -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor advising that Common Council last dealt with the re-designation and re-zoning of property at 152- 156 Westmorland Road, owned by Blair Construction Limited, at its meeting held on April 2, 1991; at that time third reading was given to amendment of the Municipal Development Plan By-Law and of the Zoning By-Law; these amendments involved two associated concerns of Council: (1) the clean-up of adjacent property owned by the Developer, (shown as lots 91-2 and 91-3 on the proposed subdivision plan) and (2) the future construction upon the adjacent property of two, one or two family residential dwellings and these concerns were to be dealt with by a Section 101 agreement and an exchange of deeds between the Developer and the City respectively and submitting a copy of the Section 101 agreement, which the Developer finds satisfactory, which provides that the Developer shall deliver $10,000 in security to the City as a condition to the re-zoning being made effective; that if Council is prepared to proceed, a resolution is required authorizing: (a) the execution of the Section 101 agreement, and (b) an exchange of deeds between Blair Construction Limited and the City, whereby the City will acquire title from Blair and then immediately convey it back to Blair on condition that the City may re-acquire title at no cost if Blair fails to construct foundations for two, one or two family dwellings upon that property within 48 months. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that pursuant to section 101 of the Community Planning Act, the Mayor and Common Clerk be authorized to execute an agreement between the City of Saint John and Blair Construction Limited with respect to property adjacent to 152-156 Westmorland Road (shown as lots 91-2 and 91-3 on a proposed subdivision plan), involving the clean-up of the said property owned by the Company, and the future construction of two, one or two family residential dwellings. Question being taken, the motion was carried with Councillor Rogers voting "nay". 83-28 COMMON COUNCIL JULY 15,1991 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that with regard to property adjacent to 152-156 Westmorland Road (shown as lots 91-2 and 91-3 on a proposed subdivision plan), authority be granted for the exchange of deeds between Blair Construction Limited and the City, whereby the City will acquire title from the Company and then immediately convey it back to the Company on condition that the City may re-acquire title at no cost if Blair Construction Limited fails to construct foundations for two, one or two family dwellings upon that property within 48 months. Question being taken, the motion was carried with Councillor Rogers voting "nay". 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 Messrs. Roly Macintyre and John Walker, regarding property at 155-157 Bayside Drive, have been completed and that the required waiting period for objections expired on July 10, 1991 with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Messrs. Roly Macintyre and John Walker for the re-zoning of property at 155-157 Bayside Drive 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 August 19, 1991. Question being taken, the motion was carried. (Councillor Coughlan withdrew from the meeting as he was not present for the public hearing with respect to the proposed re-zoning of land at 1439 Loch Lomond Road) On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "By-Law Number C.P. 100-245 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 1439 Loch Lomond Road (NBGIC Number 446328), from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the said re-zoning be pursuant to Section 39 of the Community Planning Act adopting the development of two buildings, each containing six dwelling units, on the condition that: (a) detailed site and elevation plans are provided for approval by the Development Officer prior to building permit approval; (b) a buffer treatment is detailed on plans for the approval of the Development Officer prior to building permit approval; and (c) the development is completed in accordance with the above-noted plans to the satisfaction of the Development Officer. The by-law entitled, "By-Law Number C.P. 100-245 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Reference was made to discussion at the last meeting of Council in reference to whether four members of the nine appointed to the Planning Advisory Committee represents a quorum and Council was advised by the City Solicitor that in his opinion the rules adopted by the Committee are proper and in order and within the Community Planning Act. Councillor Rogers advised she will accept the recommendation of the City Solicitor, but she feels there is a concern by the citizens that the rules governing a quorum should be looked at because four members out of nine should not constitute a quorum. Mr. Bedford advised that he will take the 83-29 COMMON COUNCIL JULY 15,1991 concerns of Council back to the Committee and that this particulate incident was very unusual and happens only about once a year. Question being taken, the motion was carried. (Councillor Coughlan re-entered the meeting) 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 July 8, 1991, when there were present Mayor Wayne and Councillors Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, a grant of $200 be approved for River Valley Ground Search & Rescue Inc. 2. That the City Solicitor or his designate be authorized to file and proceed with an application for judicial review of the arbitration award of Mr. William Grant, dated the 22nd day of April, 1991, dealing with a C.U.P.E. Local 61 grievance dated May 9th, 1990, at the Police Chief's level alleging that "...Assistant Deputy Chief John McNamee doing work of the bargaining unit April 27th, 28th and 29th, 1990 and others" . 3. That in accordance with the recommendation of Urban Consultants (1989) Limited, Prime Consultant with regard to the Saint John Regional Exhibition Centre, and the City Manager, approval be given for the Centre to be constructed on the "flatland" portion of the selected site in the location shown on the submitted drawing titled "Scheme "B". July 15, 1991 Saint John, N.B. Respectfully submitted, (sgd) Elsie E. Wayne C h air man. On motion of Councillor Rogers Seconded by Councillor Flewwelling 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 Fitzpatrick RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried with Councillors Landers and Rogers voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor Flewwelling 83-30 COMMON COUNCIL JULY 15,1991 voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Parking Commission submitting information regarding the Commission's 1990 audit fee, as requested by Council during consideration of the Commissions 1990 Annual Report, be received and filed. Question being taken, the motion was carried. (Councillor Landers withdrew from the meeting due to a possible conflict of interest) On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the request for financial support from The Port City Keglers, a local bowling team, who will be travelling to New Hampshire to represent Saint John at the International World Bowling Championships commencing August 25, 1991 be received and filed and a grant of $200.00 be approved. Mr. Wilson explained Council's policy which provides funds for sporting groups attending various national and international events and there is an age limit of 14 or 16 and normally the request would be referred to the Recreation and Parks Advisory Board, however, there is no specific policy covering this type of expenditure, and it is simply a decision to be made by Council. Councillor Fitzpatrick questioned whether the group had won a championship to represent the City and asked if this could be determined. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the above-noted request be tabled for one week pending a report from the City Manager. Question being taken, the tabling motion was carried. (Councillor Landers re-entered the meeting) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Mr. Douglas Carter with respect to the condition of a section of St. James St. West, between Ludlow and Watson Streets, be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Mr. George F. Teed regarding plans for the future of Rockwood Park, be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. 83-31 COMMON COUNCIL JULY 15,1991 Question being taken, the motion was carried. Common Clerk