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1991-08-06_Minutes 83-39 COMMON COUNCIL AUGUST 6, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the sixth day of August, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Rogers and A Vincent - and - Messrs. J. Brown, City Manager; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; D. O'Leary, Director of Economic Development; S. Galbraith, Director of Supply and Services; J. Brownell, Director of Recreation; B. Morrison, Director of Parks; C. Campbell, Manager - Policy Planning; J. Baird, Manager - Development Division; J. Johnson, Building Inspector; B. Thompson, Deputy Chief of Police; G. Tait, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend James Cowan of Main Street Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on July 22, 1991, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber Mr. Creaghan, former Mayor and a Freeman of the Town of Newcastle, N.B.; and introduced Messrs. Stan Devine, President, and L. Scott Campbell, General Manager, of Trees International, who addressed Council concerning the Urban Forest project being undertaken by this non-profit volunteer group which, as its primary interest, wishes to educate young people in the use of trees to better the environment, and presented the Mayor with 100 oak tree seedlings for the City to plant. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 133 Courtenay Avenue (NBGIC Number 317370), having a frontage of 13 metres and comprising approximately 418 square metres), from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, to permit the existing use of the land as a day care centre to continue without a residential use on the site, as requested by Diana Young, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee submitting the Planning staff's report considered at its July 30 meeting at which the applicant was in attendance in support of her application and the Committee received the three submitted letters, one in favour of the application and two expressing concern about the possible future changes of use of the property, which is addressed by recommendation (2)(a) by limiting the use; and recommending that (1) the City of Saint John Zoning By-Law be amended by re-zoning, from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, a parcel of land having a frontage of 13 metres and comprising approximately 418 square metres, having civic number 133 Courtenay Avenue and also identified by NBGIC Number 317370; (2) the re-zoning be subject to a resolution pursuant to Section 39 of the Community Planning Act requiring that (a) the use of the property be limited to a one- family or two-family dwelling and/or a day care centre, nursery school or kindergarten licensed by the Province for up to 24 children; (b) the exterior and interior of the building and property be upgraded and maintained in a condition satisfactory to the 83-40 COMMON COUNCIL AUGUST 6, 1991 Building Inspector, including the following: (i) emergency lighting; (ii) exterior lighting; (iii) proper hardware on exit doors; and (iv) exterior painting and cladding replacement where necessary; and (c) the improvements required in (b) are completed by October 31, 1991. Mr. Theodore Wilson, solicitor for the applicant, was present in support of the re-zoning, and confirmed that his client is in agreement with the Planning Advisory Committee's recommendation. 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 133 Courtenay Avenue (NBGIC Number 317370), having a frontage of 13 metres and comprising approximately 418 square metres), from "R-2" One- and Two- Family Residential to "RM-1" Three-Storey Multiple Residential 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. 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 133 Courtenay Avenue (NBGIC Number 317370), having a frontage of 13 metres and comprising approximately 418 square metres), from "R-2" One- and Two- Family Residential to "RM-1" Three-Storey Multiple Residential 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 Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, some or all of the following properties which in total cover an area of approximately 8.7 acres: 354 Main Street (NBGIC Number 370445),24-26 Douglas Avenue (NBGIC Number 368894),28 Douglas Avenue (NBGIC Number 368886), 36 Douglas Avenue (NBGIC Number 368878), 50 Douglas Avenue (NBGIC Number 368860), 56 Douglas Avenue (NBGIC Number 380329),60 Douglas Avenue (NBGIC Number 368852), 80 Douglas Avenue (NBGIC Number 368845), Chesley Drive and Main Street (NBGIC Numbers 373613 and 369074), from Medium Density Residential to District Centre Commercial classification, to permit the adoption of a specific proposal using the "ID" Integrated Development Zone which would include an office building, retail space, indoor and surface parking, apartment building and urban inn, as requested by Malcolm A. E. Thorne, Douglas W. Thorne, and Thorcor Holdings Ltd. Mr. Baird advised that, with regard to a July 22 Committee of the Whole recommendation to be considered at this meeting changing Thorcor Holdings Ltd. to 83-41 COMMON COUNCIL AUGUST 6, 1991 Deans Hill Company Ltd., the applicant is to submit a letter amending the above application authorizing action with respect to the new Company, Deans Hill Company Ltd. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an area of land located at 101 Ashburn Lake Road (NBGIC Numbers 55024921 - part, 55020259 and 55020424), from Open Space to Heavy Industrial classification, to permit a portion of the above- noted lands to be re-zoned from "P" Park to "1-2" Heavy Industrial classification, in order to permit the quarrying of rock, as requested by Strescon Limited. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a letter from the Senior Program Officer of the Christian Children's Fund of Canada explaining the group's commitment to help the people of Bangladesh, which was struck by the worst cyclone in 100 years on April 29, to prepare some preventative measures in addition to providing major assistance in relief and recovery efforts; and challenging the Mayor and Council of the City of Saint John to assist the group by donating $.50 per citizen of the City towards this cause -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne regarding weed spraying in the area of the Spruce Lake watershed; submitting an environmental profile of Killex; and requesting that the City Manager have appropriate staff inform Council regarding this matter and where it stands; and the letter from Councillor Landers requesting that, in light of the recent incident with weed killer on the west side of the City near the watershed, the City Manager report to Council on the present policy and procedures in effect for the use of insecticides and weed killers within the City limits, and whether or not this policy in its present state is in adherence to the environmental standards in relation to the use of such chemicals, and asking if the City Manager feels that staff and contractors engaged by the City are aware of and updated on environmental procedures, especially in relation to the water supply -- be referred to the City Manager for a report at Council's next meeting. Deputy Mayor Gould asked that the above report include a list of chemicals currently used by the City's Parks Department. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Councillor A. Vincent requesting a report from staff on any recommendations to alleviate a dangerous situation at the Marlborough Avenue entrance onto Rothesay Avenue of the Moreland Trailer Park, as apparently there have been several accidents at this corner and residents are quite concerned about the safety of the situation -- be referred to the City Manager for a report to Council. 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 invoices, namely:- 83-42 COMMON COUNCIL AUGUST 6, 1991 Standard PavinQ Maritime Limited Supply of asphalt July 3-9, 1991 July 10-16, 1991 July 17-23, 1991 July 24-30, 1991 $ 64,860.81 100,838.90 69,814.84 81,324.69 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manger, the tender of Choice Drywall Ltd., in the amount of $39,000, be accepted for interior and exterior renovations to the Parks Department storage building on Adelaide Street. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of W. J. Beairsto, in the amount of $27,700, be accepted for mechanical renovations with respect to the installation of an exhaust system in the vehicle repair area at the East Works facility. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the tender of Paris Playground Inc., in the amount of $86,303.80, be accepted for the supply of playground equipment. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Allan Fyre Equipment Ltd., in the amount of $14,500 plus taxes, be accepted for the supply of a stump cutter. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Bayview International Trucks Ltd., in the amount of $131,171.96, be accepted for the supply of a 50,000 lb. G.V.W. truck, complete with a combination dump/salter body and front and wing plow. The Mayor noted that the above amount exceeds the amount approved in the 1991 Capital Budget for the truck purchase by $21,171.96, and Councillor Rogers made the observation that the portion of the City Manager's recommendation that an increase of $21,171.96 be authorized in the Capital Budget to cover the full cost of this unit indicates that the Capital Budget is to be increased. The Mayor expressed the opinion that the motion should be as indicated above, excluding the portion of the recommendation referred to by Councillor Rogers. Question being taken, the motion was carried. 83-43 COMMON COUNCIL AUGUST 6, 1991 Consideration was given to a report from the City Manager referring to Common Council's meeting of April 29 at which time the tender for the supply of sand and gravel was awarded and Council was advised that a separate report would be submitted on the award of the tender for topsoil based on the results of staff's analysis of the materials offered; advising that the analysis has been completed and the product offered by both bidders has been found to be acceptable; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender for the supply of topsoil be awarded as follows: to Maritime Sod Ltd. for topsoil delivered Central @ $13.40 per cubic metre and for topsoil delivered East @ $12.95 per cubic metre; and to Valley Excavators for topsoil delivered West @ $13.50 per cubic metre. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, contract 91-14, Hilyard Street reconstruction, be awarded to the low tenderer, Standard Paving Maritime Limited, at the tendered price of $103,547, 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 RESOLVED that as recommended by the City Manager, contract 91-17, Cranston Avenue water and sewer construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $194,065.10, 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 Rogers RESOLVED that as recommended by the City Manager, contract 91-18, chipsealing 1991, be awarded to Atlantic Colas Limited, at the tendered price of $88,099, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Read a report from the City Manager referring to the following recommendation of the Planning Advisory Committee to Council with respect to the application of 040705 N.B. Inc. for an amendment to the June 23, 1980 proposal for a parcel of land located on the north side of Union Street between George Street and Mill Street (Viaduct approaches), which was tabled at the December 10, 1990 public hearing:- that the proposal, as adopted by resolution pursuant to Section 39 of the Community Planning Act on June 23, 1980 for a parcel of land on the north side of Union Street between George Street and Mill Street, be amended by adopting the revised 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) Union Street be widened by the applicant as per plans approved by the Chief City Engineer subject to financial terms being negotiated between the City 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 83-44 COMMON COUNCIL AUGUST 6, 1991 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. The report also refers to the June 24 public hearing of the application of Saint John Mercantile Centre Limited for the re-zoning of the remainder of the site to the "ID" Integrated Development zone with the same conditions as are being proposed in this report; and advises that the applicant has now completed a conceptual design for a pedway connection under Union Street and the City is in the process of finalizing the specific agreement referred to above as (a) for a pedestrian link on the basis of a proposal approved by Council on July 15, and that the widening of Union Street has been accommodated by a modification in the size of the parking garage, with the applicant to contribute an amount equal to the curb and sidewalk replacement adjacent to the site and the City to purchase the lands required for the widening from the developer and undertake the upgrading of the street, which has resulted in a re-wording of condition (b), and also that the modified wording was utilized in the June re-zoning of the remainder of the site; and submitting a recommendation to amend the proposal accordingly. (Councillor A. Vincent withdrew from the Council table as he was not present at the December 10, 1990 public hearing of the proposed Section 39 amendment.) On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the proposal as adopted by resolution pursuant to Section 39 of the Community Planning Act on June 23, 1980 for a parcel of land on the north side of Union Street between George Street and Mill Street be amended by adopting the revised proposal as submitted on condition that: (1) a pedestrian link to the existing pedway be constructed as part of the development as per a detailed agreement between the applicant and the City; (2) the costs of upgrading Union Street be subject to cost sharing terms acceptable to the Chief City Engineer and the developer; (3) detailed plans and specifications of the exterior building design be approved by the Development Officer as part of the building permit approval process; (4) a detailed landscaping plan be prepared by the applicant and approved by the Development Officer within 6 months of building permit approval; and (5) all signage will be in accordance with the "B-3" Central Business standard and approved by the Development Officer. Question being taken, the motion was carried. (Councillor A. Vincent returned to the Council table.) On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising the process followed to arrive at the selection of an auctioneer for the Police Department on June 22, which was questioned in a letter to Council on July 8 from A-1 Auctioneers and Evaluation Services Ltd.; and explaining that the reason for the timeframe between the proposal call and the required response was that the area used to store the items was becoming overcrowded and the Police personnel responsible for its disposal would not be available for a sale during July and August; and concluding that it is staff's intent to advertise for auctioneering services by way of public tender for the City's vehicle and equipment auction and to have the choice of the auctioneer approved by Common Council within the next six weeks -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that in accordance with the recommendation of the City Manager and the Fire Chief, the warrant appointing Mr. 83-45 COMMON COUNCIL AUGUST 6, 1991 Norman Wasson to the Saint John Salvage Corps and Fire Police be cancelled, and a letter of appreciation be forwarded to Mr. Wasson for his seventeen and a half years of service on the Salvage Corps and Fire Police. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, further to Council's July 15 tabling of the request for funding of the Port City Keglers bowling team, staff contacted one member of the team and learned that the team was put together as a result of one lady attending the tournament last year and being invited back this year; submitting the policy which covers financial assistance to teams or individuals, and explaining that, as the Keglers were not specifically invited nor is the championship restricted to age, the Keglers do not qualify for assistance under the City policy; and recommending that the request for funding from the Port City Keglers be denied -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a report from the City Manager advising that, further to Council's July 15 consideration of a request from the Saint John Central Business Development Corporation for endorsement of its application to the Province for funding for uptown streetscape improvements, the plan as submitted is fully supported by the Community Planning, Engineering, Parks and Works Departments, and that Common Council's endorsement of the application commits Council to a maximum of $625,000 of capital improvements in the Uptown over the next four years, with $316,000 being the maximum spending required in any year, and that City funds do not have to spent on the same projects as the Corporation, but only on projects within the Business Improvement Area; and recommending that Council endorse the application. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council endorse the application of the Saint John Central Business Development Corporation under Program 1, 1.2 Streetscape Assistance as requested in its letter dated June 18, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager noting that Council approved in principle on November 5, 1989 the concept of building a community centre at the M. Gerald Teed School; submitting a copy of the City Manager's March 14, 1991 report to the March 18, 1991 Committee of the Whole meeting outlining the projected capital construction and operating costs and a history of the development of the community centre-gymnasium together with the centre's space requirements and programs; and also noting that Council, on April 2, subsequently approved funds in the 1991 Capital Budget for the development of plans and specifications for the proposed new community centre, with the indication that in the 1992 Capital Budget funds would be provided for the construction of the community centre and to assist in cost sharing the difference between a small and intermediate size gymnasium being planned for the School, as referenced in the submitted copy of correspondence to the Department of Education; advising that the annual operating cost of one half the difference in the gymnasium sizes is estimated to be between $2,500 and $3,000 yearly, which would be added to the current normal average yearly operating budget of the community centre of $129,500; and recommending that Common Council authorize the construction of the community centre at the M. Gerald Teed School subject to the conditions outlined in this report, and that the City Solicitor be authorized to prepare legal agreements for the construction and operation of the 83-46 COMMON COUNCIL AUGUST 6, 1991 community centre, and that the Mayor and Common Clerk be authorized to execute the necessary documents -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager recommending that security in the amount of $90,000 be accepted from Thomas Construction Ltd. to ensure the rehabilitation of the gravel pit at 1003 Latimer Lake Road; and the letter from Gilbert, McGloan, Gillis, solicitors for Thomas Construction Ltd., which was required by a resolution of Common Council at its meeting of April 15, 1991 to post a surety bond of $141,000 with respect to the gravel pit at 1003 Latimore Lake Road; advising that their client was informed that the gravel pit would require a variance to continue operation which, if approved, would significantly reduce the amount of the surety bond and that the amount agreed to by City officials on March 22, 1991 was $108,240, leaving a surety bond of approximately $32,000 upon the granting of the variance; expressing the opinion that the gravel pit in issue is a non-conforming use property, not subject to section 880 of the Zoning By-Law of the City of Saint John, not subject to the requirement for any variance, and thus not subject to a requirement of a surety bond, and that Council, therefore, acted ultra vires its power under the Community Planning Act when it passed the April 15 resolution; also advising that, if necessary, they will take steps to recover the full amount of the surety bond; however, Thomas Construction Ltd. is willing to abide by the agreement reached with City officials on March 22 leaving a surety bond of approximately $32,000 on the property; and noting their intent to be at the meeting when this issue is discussed -- be referred to the City Manager, the City Solicitor and appropriate staff for a report and recommendation. Question being taken, the motion was carried. (Councillor Flewwelling withdrew from the meeting as he was not present at the June 25, 1990 public hearing of a proposed amendment to a Section 39 agreement related to McAllister Place.) On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager regarding the application of McAllister Place Limited for an amendment to the Section 39 agreement concerning a proposal for a gas bar at the corner of Mark Drive and Westmorland Road with direct access to these streets, which was tabled at the June 25, 1990 public hearing to enable the applicant an opportunity to meet with staff and develop an acceptable proposal, the Planning Advisory Committee's recommendation being to deny the application; advising that staff met with the applicant in July 1990 but has not had further discussions in the last year, and that the submitted plan, which was received on July 25, 1991, is a substantial revision over the earlier proposal and a complete review is required; and recommending that this matter be referred to the Planning Advisory Committee for a report and recommendation -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. (Councillor Flewwelling re-entered the meeting.) (Councillor Fitzpatrick withdrew from the meeting as he was not present at the July 22 public hearing of a proposed Street Closing By-Law amendment with respect to Chubb Street, Morgan's Alley and Logan's Alley.) 83-47 COMMON COUNCIL AUGUST 6, 1991 On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By- law Respecting The Stopping Up And Closing of Highways In The City Of Saint John", with regard to the following portions of highway: CHUBB STREET: being the entire portion of Chubb Street, bounded on the east by the western side of Millidge Street and extending westward a width of 25' being the entire width of Chubb Street a distance of approximately 210 feet more or less. Also that portion of Chubb Street bounded on the South by the former northern side of Chubb Street and extending northward a width of 25 feet being the entire width of this portion of Chubb Street a distance of approximately 120 feet. Shown on plan, City of St. John, sheet No. 54 as Chubb Street dated July 1 st, 1925, signed by Gilbert G. Murdoch, Deputy Land Surveyor. MORGAN'S ALLEY: being the entire portion of Morgan's Alley bounded on the south by the northern side of Main Street and on the north by the southern side of Moore Street. Shown on plan, City of St. John, sheet No. 54 as Morgan's Alley dated St. John, N.B., July 1 st, 1925 signed by Gilbert G. Murdoch, Deputy Land Surveyor. LOGAN'S ALLEY: being the entire portion of Logan's Alley bounded on the south by the northern side of Paradise Rowand on the north by the southern side of Moore Street shown on plan, City of St. John sheet No. 54 as Logan's Alley dated St. John, NB, July 1st, 1925, signed by Gilbert G. Murdoch, Deputy Land Surveyor. - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. 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 24, 1991, when there were present Mayor Wayne and Councillors Coughlan, 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 Nominating Committee, Pan Innes be appointed to the Preservation Review Board for a three-year term effective July 1, 1991. 2. That as recommended by the Nominating Committee, James A. Hill and John McCrossin be appointed to the Saint John Transit Commission for a three-year term effective July 1, 1991. August 6, 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. 83-48 COMMON COUNCIL AUGUST 6, 1991 Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. 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 July 15, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the Wright Street Housing Co-Operative be advised the City is not prepared to advertise the closing of Jack Street, and that Mr. Garfield Meltzer be advised the City is not interested in the acquisition of his property on Mount Pleasant Avenue. 2. That as recommended by the City Manager, property on Golden Grove Road (NBGIC Number 447136), having an area of approximately 62 acres, be acquired from Loraine E. Estey for a price of $28,000, with the condition that the mobile home is to be removed prior to the transfer of title. 3. That as recommended by the City Manager, Mr. S. A. Robertson be advised the City is not prepared to enter into a leasing arrangement with him for the Ocean Hawk II Tug; that Council authorize staff to take the necessary steps to remove the Tug after the various downtown festival events are completed for 1991; and that a further report and recommendation on the proposed improvements to the area be presented to Common Council by the end of October, 1991. 4. That the report from the City Manager regarding capital budget issues with respect to the 1991 Water and Sewerage Utility, be received and filed and considered in open session. 6. That as recommended by the City Manager, the proposal of Hay Management Consultants be accepted for a job evaluation of managerial/professional positions, at a total cost of $49,142.00. 7. That as recommended by the City Manager, the lease of Bays 32-35 inclusive in Shed 13 be renewed with the Saint John Port Corporation for a one-year period commencing August 1, 1991, at a rental of $11,220 per year, payable in quarterly installments in advance. 8. That as recommended by the City Manager, the City enter into an agreement with the Saint John Fire Fighters Association, Local Union No. 771 to permit the Association to occupy the building at 24 Sydney Street until it is needed by the Province of New Brunswick, under the following terms and conditions: (1) a portion of the first floor would be developed by the Association as a Fire Fighters Museum, with the remainder to be used for offices by Loyalist Days Inc. or such other organization as the City may decide and that the unfinished area now used by the Parks Department will remain under City control; (2) the Association will have complete control of the use of the second floor; (3) a rental will be paid by the Association based on 50% of the previous year's cost of heating, water rates, electricity for the furnace and dusk to dawn light and normal maintenance, and for the initial three years the rental will be $75 per month for the first year, $150 per month for the second year, and $225 per month for the third year, following which the rental will be adjusted in April 1 of each year based 83-49 COMMON COUNCIL AUGUST 6, 1991 on the allowable expenses for the previous years; (4) the Association will be given immediate possession with the rental to start January 1, 1992; (5) any renovations to be made will be the responsibility of the Association and require the approval of the Property Management Department before work is started; (6) the Association will be responsible for the maintenance, cleaning, etc. on the second floor; and (7) the Association will be responsible for the operation of the museum including maintenance and cleaning and will make the necessary arrangements to have it open and staffed at reasonable times. 9. That as recommended by the City Manager, the required construction start date regarding Housing Through Infill Development Applications #90-5 from Mr. Peter Pappas for a project at 269 Princess Street, and #90-6 from Mr. Stewart MacKenzie for a project at 248 Prince William Street, be extended from six months to twelve months. 10. That as recommended by the City Manager, Mr. David Baird be given a continued leave of absence without pay from the City of Saint John extending to April 30, 1992. 11. That as recommended by the City Manager, Corporate Research Associates be engaged to carry out a Market Positioning Study in conjunction with an Uptown Strategy, as described in the Terms of Reference advertised in June 1991, and set out in their proposal dated June 24, 1991, as clarified in letters dated June 28 and July 2, 1991, and that the cost of the study not exceed $11,500. Tuesday, August 6, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) 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. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. The Mayor noted that recommendation (5) regarding Fire Station 83-50 COMMON COUNCIL AUGUST 6, 1991 Number 7, which was included on the Council agenda of this meeting, was not to be considered at this meeting. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that section 6 of the above report be adopted. Councillor Knibb expressed opposition to the above motion for the reason that he sees no need for an expenditure of almost $50,000 to review senior staff positions in that this review could be done sufficiently well in-house by the Human Resources staff; and Deputy Mayor Gould advised his intent to oppose the above motion on the basis that in the 1970s the City went through a similar process with the KPM firm and it is doubtful if any direct use was made of its report, nor has it been implemented. Question being taken, the motion was carried with the Mayor and Councillors Gould, Knibb and A. Vincent voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 10 of the above report be adopted. Question being taken, the motion was carried. (Deputy Mayor Gould withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor Coughlan Seconded by Councillor Davis RESOLVED that section 11 of the above report be adopted. The Mayor asked if the above action has already been taken to which Mr. Brown replied that it is his understanding that no consultant has undertaken any work, and Mr. Campbell, in confirming that no work has been done by the consultant, explained that, due to vacation season, the consultant made preliminary contacts with the focus groups in order to ensure the City that it could complete the project within the 83-51 COMMON COUNCIL AUGUST 6, 1991 timeframe; however, there has been no commitment made on the City's part. The question of authority for engaging consultants was broached, and Mr. Brown advised his intent to submit a report to Council at its next meeting in this regard. (Councillor Davis withdrew from the meeting during the above discussion due to a possible conflict of interest.) On motion of Councillor Coughlan Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table for further information at the next meeting. Question being taken, the tabling motion was carried with Councillor Fitzpatrick voting "nay". 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 22, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council resolution of August 1, 1990 concerning the sale of Sites E and F, Chesley Drive, be amended by changing Thorcor Holdings Ltd. to Deans Hill Company Ltd. 2. That as recommended by the City Manager, Common Council resolution of April 29, 1991 relative to the purchase of 1141 Lorneville Road be amended by changing the closing date from June 30 to August 31, 1991. 3. That the letter from the City Manager advising of the activities of the Working Group on Multiculturalism and Race Relations, be received and filed and considered in open session. Tuesday, August 6, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 1 of the above report be adopted. (Rescinded June 26, 1995 Bk. 85 Pg. 339 ) 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 Knibb 83-52 COMMON COUNCIL AUGUST 6, 1991 Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. (Councillors Davis and Gould re-entered the meeting.) Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting.) The Mayor called for a motion to table for two weeks the 1990 Annual Report of The Power Commission of The City of Saint John at the request of the Chairman of the Commission, who is unable to be present at this meeting. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the 1990 Annual Report of The Power Commission of The City of Saint John be laid on the table for two weeks. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, Council assent to a subdivision plan prepared in accordance with the submitted drawing with respect to the 7 metre wide public utility easement situated on Stinson Drive along the westerly side of Lot 90-1. 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 expressing the understanding that Council has concerns with the attendance of Committee members at their regular meetings; submitting a record of attendance, maintained for budgeting purposes, for Council's information, with the observation that the July 3 attendance of 84% illustrates a high degree of commitment by Committee members; and advising that Council's concern about the number of members required for a quorum has also been noted and that the Committee will advise Council of any changes to its procedures, if they are amended -- be received and filed, and the Chairman and Committee members be thanked for their service to the City. (Councillor Fitzpatrick re-entered the meeting.) During discussion it was suggested that Council members should be provided with information on other City committees' membership and attendance. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Chairperson of the Five-Star Selection Committee of National Access Awareness Week expressing appreciation for Council's interest in National Access Awareness Week and participation in the 1991 Five-Star Community Awards; making observations about the City's application focusing on the areas therein which need clarification, with the intent being to assist the City to apply next year; encouraging the City to continue its undertakings. and suggesting that the Provincial organizing committee for National Access Awareness Week be contacted for any guidance required with regard to the 83-53 COMMON COUNCIL AUGUST 6, 1991 City's endeavours -- be referred to the City Manager to address the comments therein. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Council of the Corporation of the City of Nepean submitting a resolution passed at its June 27, 1991 regular meeting pertaining to the calling of a Royal Commission of Inquiry into the circumstances surrounding the Air India Flight 182 disaster which occurred in June 1985; and requesting Council's support of this resolution -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Reid Chedore "In Trust" for an amendment to the Section 39 agreement with regard to Old General Hospital property at 189 Waterloo Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on September 16, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of Mr. Philip E. Kierstead for an amendment to the Section 39 re-zoning of 931 Rothesay 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 September 16, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Westburne Industrial Enterprises Ltd. for an amendment to the Section 39 re-zoning of Building D at 600 Main Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on September 16, 1991. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the application of Highmeadow Holdings Inc. for an amendment to the Section 39 re-zoning of property at Highmeadow Park 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 September 16, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers 83-54 COMMON COUNCIL AUGUST 6, 1991 RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Ells Enterprises Ltd. for a dining room and lounge license with respect to premises at the McAllister Place Shopping Centre at 517 Westmorland Road, is to be held on August 8 -- 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