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1991-09-16_Minutes 83-102 COMMON COUNCIL SEPTEMBER 16, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of September, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Galbraith, Director of Supply and Services; D. O'Leary, Director of Economic Development; J. Johnson, Building Inspector; R. McDevitt, Fire Chief; G. Tait, Deputy Fire Chief; J. McNamee, Assistant Deputy Chief of Police; J. Griffin, Traffic Engineer; P. Asimakos, Planner; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Father Michael LeBlanc, Pastor of St. Joseph's Roman Catholic Parish, offered the opening prayer On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on September 9, 1991, be approved. Deputy Mayor Gould expressed the understanding, based on Council's discussion at its September 3 meeting, that staff was to contact two particular persons in the Glen Falls area to resolve a situation involving the repairing of their lawns, and advised that it appears from speaking to one of the residents that the staff person who contacted him gave no direction with respect to how he might proceed to resolve the situation. Mr. Bedford advised that Mr. Johnson has been in contact with the two residents who are concerned about filling their properties and informed them that he hopes to have a report to Council in the next week or so in order that this issue can be resolved. The Mayor asked the status of the Glen Falls' residents situation in the interim in view of the suggestion at the September 3 meeting that the City, in the meantime, should take no action with respect to the two persons concerned as well as other residents in the area who are planting seed; to which Mr. Bedford replied that, as it is necessary to implement the legislation in place at the present time and until a report is submitted to Council in this regard, the situation has not changed for residents of Glen Falls. (Councillors Fitzpatrick and A Vincent entered the meeting during the above discussion.) Question being taken, the motion was carried. The Mayor welcomed to the Council Chamber Mr. William Grant, Vice Chairman of the St. Joseph's Hospital Foundation; Mrs. Patricia Darrah-Macfarlane, Director of Development at St. Joseph's Hospital; and the Foundation's official mascot for a September 28 fund-raising event; and Mr. Grant addressed Council concerning the forthcoming "Canducky Derby" race through Reversing Falls, the proceeds of which will go toward the purchase of a ventilator for the Hospital. The Mayor and Fire Chief McDevitt presented Certificates in Fire Service Administration to Firefighter Gerald Green, Deputy Chief Ronald Johnston, Firefighter Brian (B.J.) MacDonald; and Deputy Chief Glen Tait, noting that Firefighter Alan Powell, who was not present to receive his Certificate, also completed the Fire Service Administration Program through Henson College, Dalhousie University; and 83-103 COMMON COUNCIL SEPTEMBER 16, 1991 commended these five members of the Fire Department on their achievement in earning their Certificates. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the City Manager's report concerning the proposed re-zoning of the Latimer Lake water treatment plant property, and two resolutions for submission to the forthcoming Cities of New Brunswick Association meeting (which were considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions with respect to the development of the Old General Hospital site at 189 Waterloo Street pursuant to Section 39 of the Community Planning Act, to permit the subdivision of the entire site into four parcels of land and change the proposed uses and mix of uses in three of these parcels, as requested by Reid Chedore "In Trust", and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee advising that it is unable to give a report on the above matter because it has not received a report from Planning staff, nor were any representations made by the applicant to the Committee at its meeting. Consideration was also given to a report from the City Manager explaining that, due to insufficient input from various sources and the requirement for further details from the applicant in order to resolve the concerns that were being raised, a staff report on the above application was not available to the Planning Advisory Committee for its review at its September 10 meeting, although it is anticipated that a report should be ready for the Committee's next regular meeting on September 24; advising that the applicant is proposing a significant redevelopment project and the concerns of several agencies, Council and the community need to be fully addressed and analyzed; and recommending that Common Council hold the public hearing as advertised and that the application be tabled and the Planning Advisory Committee be requested to submit a report and recommendation for Council's consideration. Mr. Dennis Weaver appeared in opposition to the above-proposed amendment; advised that, while as the owner of eight units at 217 Waterloo Street and the corner of Alma Street he is encouraged to see that something positive seems to be happening in the subject area, he has minor objections to the proposal as they affect the property which he owns and the tenants in the property; and explained that, as indicated in his letter to the Planning Advisory Committee, his concerns relate to the proposal for a parking lot on the corner of Waterloo and Alma Streets which reaches out onto Alma Street and will present parking and access problems for visitors to and tenants of his units; the effect on the quality of life of his tenants due to increased traffic on Alma Street which virtually now has no traffic; and the possible effect of heavy construction vehicles on his units, which are in the vicinity of 100 years of age and have stone foundations, in the form of future structural problems. Mr. Weaver asked Council to take his concerns into consideration. With regard to the question of procedure in that the Planning Advisory Committee had no staff report to consider in order to make a recommendation to Council and the public hearing is being held, the Mayor noted that it is not unusual in that there have been a number of occasions that the Committee has not had a report and requested Council to conduct the public hearing and to table the matter pending the Committee's recommendation, and that the public hearing must be held as advertised. Mr. Reid Chedore, attorney for the owners of the subject property, appeared in support of the proposal and, in response to Councillor A Vincent's query 83-104 COMMON COUNCIL SEPTEMBER 16, 1991 as to the names of the owners, advised that he was not at liberty to so inform Council, whereupon Councillor A Vincent asked if Council could properly carry on business in this manner, to which Mr. Rodgers replied that Council can choose to proceed or not to proceed, whichever it so wishes. Mr. Chedore, in advising that the owners have not had an opportunity to discuss Mr. Weaver's expressed concerns nor did the owners meet Mr. Weaver at the Planning Advisory Committee meeting as they too had been advised that the matter would not be dealt with at the meeting, expressed the understanding that parking, as indicated on the plan provided to Council, is not inconsistent with that which was approved previously by Council, and the parking component remains somewhat unchanged. Mr. Chedore explained that, as to the project itself, the proposal is not to try to deal with the entire complex at this time, but rather to deal with components of the complex and that his clients' intention, since acquiring the property in November 1990, has been to determine the best and highest use of the buildings and the property and, in addition, to secure, maintain and to evaluate, and that it is now determined that the best proposal would be to develop the peripheral buildings, such as the so-called boiler house building and the so-called interns' residence, as independent commercial ventures, in that both have access off the main area, that is from separate streets and such is Mr. Weaver's concern over the Alma Street entrance, which he is quite confident that, through discussion with City staff, can be alleviated. Mr. Chedore also explained that dealing with the extremity buildings by making them independently viable commercial enterprises will tend to support the rest of the complex; for instance, the purpose of the proposal to reduce the size of the proposed already-existing lot, which is called the nurses' residence, is to make it more usable space and, in addition, increase the parking component that would be available to the larger building, which would necessitate more demolition than initially visioned by former owner Mr. A Deters. Mr. Chedore also advised that the overall timing of the proposal is fairly crucial to the owners, with the overall timing for the boiler house being immediate in that, if Council accept's the proposal, the owners have an offer to purchase under tentative agreement which could be fulfilled and the building altered as to usableness, and there has already been discussion regarding the interns' complex for its relatively-immediate use, although not until such time as the Section 39 amendment is approved. Mr. Chedore suggested that the proposed amendment and uses are not substantially different from what has already been granted, although the use of the boiler house is different in that it was initially envisioned as a service building for the entire complex, while the owners consider this use redundant and want the building as an independent complex in and of itself; and that the current zoning for the interns' residence is sufficient and it is only a matter of what type of use would be given; and made the observation that part of the rationale for not immediately considering developing the whole complex was that it seemed necessary to harmonize the whole project with what St. Joseph's Hospital is doing and with what the City's needs are in light of the Mercantile Centre's construction, and that discussions have been held with St. Joseph's Hospital in this respect. Mr. Chedore concluded that the owners would like an opportunity to deal with matters after staff and the Planning Advisory Committee have had the opportunity to do so. During discussion Mr. Chedore responded to Council queries concerning the proposal; and Mr. Bedford commented on the reason for the absence of a Planning staff report at the Committee's meeting, as explained in the above report from the City Manager, and on the need to hold the public hearing as advertised, otherwise the process of public advertisement for a public hearing and referral to the Planning Advisory Committee would have to be gone through again; and the Mayor confirmed Mr. Chedore's observation that it would be necessary for the applicant to request to address Council, should the decision be made to table this matter pending a recommendation from the Planning Advisory Committee, upon Council's receipt and consideration of such recommendation. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Reid Chedore "In Trust" for an amendment to the Section 39 conditions with respect to the Old General Hospital property at 189 Waterloo Street be laid on the table pending a report from the Planning Advisory Committee. 83-105 COMMON COUNCIL SEPTEMBER 16, 1991 Councillor A Vincent re-iterated his opposition to not having been informed of the owners' names, and Mr. Rodgers expressed the opinion that it is proper and appropriate for Council, having held the public hearing, to proceed on the basis of what it has before it in the way of the application; noted the Council is dealing with a proposed Section 39 amendment, rather than a re-zoning; and advised that, if Council proceeds to amend the Section 39 resolution, there may be a requirement for more information prior to the registration of the resolution in the Registry Office with respect to the binding effect of the benefits of the Community Planning Act with regard to Section 39, and that he would so advise Council. Question being taken, the tabling motion was carried with Councillor A Vincent voting "nay". The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions attached to the 1988 re-zoning of 931 Rothesay Road (NBGIC Number 297341), to accept a revised development proposal (1) to permit the existing building to be enlarged and used as an office for a land surveying company; and (2) to permit the off-street parking areas to be developed with a crushed rock surface and no curbs, as requested by Mr. Philip E. Kierstead, and that a letter in this regard (copies of which were distributed to Council members at this meeting) was received from four area residents. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff's report and a letter in support of the above-proposed amendment considered by the Committee at its September 10 meeting at which the applicant expressed agreement with staff's recommendation and several area residents attended in opposition and expressed concern regarding the effect of the proposed office development upon water quality, sewage disposal and traffic in the area; and recommending that the Section 39 conditions attached to the 1988 re-zoning of 931 Rothesay Road (NBGIC Number 297341) be amended to permit (a) the use of the property for business office purposes; and (b) development of parking areas with asphalt paving and no concrete curbs. Mr. Philip Kierstead appeared in support of his application to respond to Council queries with respect to his proposal, and advised that, with regard to a concern about the effect of the proposed office development on the sewage system, it is his understanding from the Provincial Board of Health that, if he makes any alterations whatsoever, he must install a system which is acceptable to the Board and that the existing system would not be acceptable for any expansion to the dwelling. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 conditions attached to the 1988 re- zoning of 931 Rothesay Road (NBGIC Number 297341) be amended to permit (a) the use of the property for business office purposes; and (b) development of parking areas with asphalt paving and no concrete curbs. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that the correspondence regarding the above application be received and filed. Question being taken, the motion was carried. 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 installation of an illuminated facia sign approximately 24 feet by 4 feet in size for Westburne Industrial Enterprises Ltd., a new tenant of the building, as 83-106 COMMON COUNCIL SEPTEMBER 16, 1991 requested by Westburne Industrial Enterprises 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 from the Planning Advisory Committee submitting a copy of the Planning staff report and a letter from the owner noting that he is in favour of the staff recommendation, which were considered at the Committee's September 10 meeting at which no persons were in attendance either in favour of or against the above-proposed amendment; and recommending that the conditions with respect to signage imposed on the Hilyard Place development pursuant to Section 39 of the Community Planning Act be amended to permit the proposed 24 foot by 4 foot illuminated facia sign, on the condition that the sign is placed no higher in elevation than the existing Coca Cola Bottling signs. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the Planning Advisory Committee, the conditions with respect to signage imposed on the Hilyard Place development at 600 Main Street pursuant to Section 39 of the Community Planning Act be amended to permit the proposed 24 foot by 4 foot illuminated facia sign for Westburne Industrial Enterprises Ltd., on the condition that the sign is placed no higher in elevation than the existing Coca Cola Bottling signs. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the correspondence regarding the above application be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions attached to the 1973 re-zoning of Highmeadow Park, Phase I, Part 1 (NBGIC Number 436915), to permit fences having a height of up to 2.6 metres (8.5 feet) at the rear of units 502 to 524 and 902 to 920, to permit a higher fence than normally permitted for the units with rear yards facing McAllister Drive, as requested by Highmeadow Holdings Inc., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report considered at its September 10 meeting at which the applicant expressed agreement and no other persons were in attendance; and recommending that the conditions attached to the July 3, 1973 re- zoning of Highmeadow Park, Phase I, Part 1 (NBGIC Number 436915), be amended to permit fences having a height of up to 2.6 metres (8.5 feet) at the rear of units 502 to 524 and 902 to 920. Marjorie Bodaly, President of Highmeadow Holdings Inc., was present in support the above application to respond to Council queries in this regard, and confirmed her agreement with the Committee's recommendation. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, the conditions attached to the July 3, 1973 re-zoning of Highmeadow Park, Phase I, Part 1 (NBGIC Number 436915), be amended to permit fences having a height of up to 2.6 metres (8.5 feet) at the rear of units 502 to 524 and 902 to 920, facing McAllister Drive. Question being taken, the motion was carried. 83-107 COMMON COUNCIL SEPTEMBER 16, 1991 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the correspondence regarding the above application be received and filed. Question being taken, the motion was carried. The Mayor asked Council's consideration at this time of the 1990 Annual Reports of The Market Square Corporation and the Market Square Parking Garage, and asked Mr. Henry Meinhardt, Chairman of the Corporation, to address these Reports. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the 1990 Annual Report of The Market Square Corporation be received and filed with appreciation. Mr. Meinhardt introduced Messrs. J. Shackleton, General Manager, and S. Appleby, Assistant General Manager, of The Market Square Corporation, and, reading from the 1990 Annual Report of the Corporation, commented on Market Square revenue and expenses for the year ended December 31, 1990, as indicated on the submitted Schedule, related to the City's municipal property taxes, which remained unchanged from 1989 owing to an assessed value reduction of $2.7 million for the Hilton Hotel; gross income realized from the Parking Garage operation and the lease of a portion of the Library premises to the Province, with City expenses including the public lease share of the complex common area costs, Provincial property taxes, energy, the Trade and Convention Centre operating deficit, the Corporation's administration costs, depreciation, and the public lease contribution to the complex promotion fund, with 1990 being the last year the City was required to pay $550,000 toward depreciation as part of the total expenses of its tenancy. Mr. Meinhardt also commented on the Corporation's management agreement with The Bi-Capitol Project Inc. for the restoration and reconstruction of the former Imperial Theatre, its involvement in the project to restore the City Market and the plans for the Germain Street Pavilion and connecting link to Brunswick Square, and expressed appreciation to the support given the Corporation by the members of Common Council. Mr. Meinhardt responded to Council queries related to the Corporation's involvement with The Bi-Capitol Project Inc. in the project for an approximate 800-seat performing arts theatre to be completed in June 1994; the status of the Hilton Hotel which he advised is holding its own and paying its own operating costs at the present time; and Cadillac-Fairview Corporation Limited's plans for the Market Square complex, as well as the amount of vacant space at the complex, the latter to which Mr. Meinhardt advised that vacant space on January 25, 1991 totalled 37% of the total space, on August 12, 1991 vacant space totalled 44% and, as of August 29, 1991, the total was down to 34%, and that Cadillac-Fairview has indicated that it has a number of persons willing to come into the complex as tenants as soon as the economic climate turns around; and he advised that a breakdown of the fee for outside services, which relates to legal and consulting services, could be provided to Council. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the 1990 Annual Report of the Market Square Parking Garage be received and filed. Mr. Meinhardt, reading from above-noted Annual Report, advised that the total of 408,000 cars which used the facility in 1990 represents a decrease of 83-108 COMMON COUNCIL SEPTEMBER 16, 1991 approximately 67,000 cars, or 14%, from the previous year, which is essentially attributed to the overall trend of activity levels at Market Square, although the Parking Garage continues to enjoy a daily turn-over rate of 2.03 vehicles per parking spot; and that the operating revenue was $150,000 under budget for the year and $54,000 less than 1989, with the anticipation being that declines of this nature should reverse in the future owing to increased activity in the Hotel, the Trade and Convention Centre, and the assumption of the central building complex lease by Cadillac-Fairview. Mr. Meinhardt also advised that operating expenses were $11,000 ahead of budget and remained unchanged from 1989, with operating income, overall, being $131,000 under budget; and expressed the view that the Parking Garage is a vital and integral part of the Market Square complex and the Corporation remains committed to providing a high level of service to Market Square and the public. Mr. Meinhardt, in response to Council queries, advised that the Parking Garage employs nine persons, and advised that negotiations for Can park Services to operate the Garage under a management agreement have concluded and the agreement has been extended for another three years on the same basis as the expired agreement. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne advising that she had the opportunity to visit Sept-Isles, Quebec, to speak at a Ports and Harbour Conference on behalf of the local Port Authority, and that the 1992 Conference is to be held in Saint John; also advising that bicycle paths along the streets in Sept-Isles are automatically considered in its streetscape planning; suggesting that it is time for the City to take a look at having similar accommodations; and recommending that this matter be referred to the City Manager and appropriate staff for consideration -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne suggesting that, in view of the situation facing the country today, it is most important that all municipalities become involved in showing that they want a united Canada and, therefore, it is important to have a proper celebration for Canada's 125th birthday on July 1, 1992; and asking that, in order to ensure that the City of Saint John has a proper program in place, the Nominating Committee recommend appointments to a committee to co-ordinate the celebrations and prepare a budget for Council's consideration, prior to the adoption of the City's 1992 operating budget -- be referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that the letter from Councillor Landers regarding the issue of contracting out and the obligations and responsibilities that apply to these individuals upon receiving a contract with the City, and asking that staff submit to Council the policy with regard to what other obligations are considered in recommending award of contracts to the low tenderer -- be referred to the City Manager for a report to Council on the tendering policy, how it is applied and how tenderers are supposed to respond to conditions set out by the City for its employees. Councillor Landers expressed concern that contractors who perform work for the City do not seem to adhere to the same standards that the City expects of its employees, particularly with respect to direction or detour signs, lighting and barriers; and referred to a situation in a West Side area in that the residents had no notification of a water shut off. Councillor Landers suggested that such matters should be 83-109 COMMON COUNCIL SEPTEMBER 16, 1991 considered when the City's tenders its work projects and that Council should be concerned not only with the tendered price but with all aspects of the project, and that a tenderer, which does not abide by the City's standards, should not be awarded the tender, lowest or not, because the end result is that the City is responsible for an incident or accident on one of the sites. 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, having awarded the contract for the installation of fluoridation facilities at the Latimer Lake water treatment plant, with an application for a building permit having been submitted for approval, the proposed modifications and new construction at Latimer Lake require that the site of the treatment plant be re- zoned at this time to "US" Utility and Service; and recommending that Common Council set a date for a public hearing, authorize the necessary advertisements, and refer the proposal to the Planning Advisory Committee for a report and recommendation -- be received and filed and the recommendation adopted, with the public hearing to be held on October 28, 1991. During discussion Mr. Brown advised that he would discuss with staff the reason for the zoning of the property not having been addressed earlier, as well as a report on the status of fluoridation of the City's water supply in view of a Council query on whether or not the necessity to re-zone the area could result in a delay; Mr. Rodgers cautioned Council that, as the above recommendation is to commence advertising for a proposed re-zoning, not to indicate what the outcome of the proposed re-zoning might be, as it is a separate matter from a policy decision Council has made that is connected to the re-zoning; and Councillor A Vincent suggested that the City Solicitor should review the City's Royal Charter on the basis of his understanding that the City does not require a permit to do its own work and does not have to go through the process of re- zoning. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Gould 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 September 4-10, 1991 $97,345.65 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager regarding the issue of brick sidewalks, which was considered on July 8, specifically, with respect to the space between the bricks being a potential hazard for pedestrians who may trip; explaining that the most common problem with Saint John's brick sidewalks is that the mortar joints between the bricks are susceptible to being washed or worn away and the resulting depressed mortar joint is causing a problem for pedestrians and, in some cases, causes the bricks to become loose; also advising that, this year, the Works Department implemented a new procedure for mortar joint repairs involving the removal of the old joint material with a high pressure water jet and refilling the joints with a dry mix of sand and cement, with water finally sprayed over the bricks to allow hydration of the cement, and that, while the new procedure is much quicker than the procedure previously used, whether or not the repair will be long-lasting remains to be seen, although early indications are positive; further advising that staff has consulted with other municipalities which have brick sidewalks, with the general consensus being that brick sidewalks built without mortar joints and interlocked are much less of a maintenance problem than those with mortar joints and that they are more of a maintenance problem than conventional concrete or asphalt sidewalks, and 83-110 COMMON COUNCIL SEPTEMBER 16, 1991 that staff also consulted with Mr. Alfie Roman of L.E. Shaw Ltd., a company with extensive expertise relating to brick pavers; and concluding that the total brick sidewalk budget for 1991 is $26,322 -- be received and filed. Question being taken, the motion was carried. Read a report from the City Manager referring to Common Council resolutions of April 29 and August 6, 1991, concerning the purchase of land on Lorneville Road, the latter changing the closing date to on or before August 31 from on or before June 30; advising that the deed was not signed by the signing officers for the Mount Purple Royal Orange Lodge so the transfer could not take place and that the Lodge's solicitor has advised that he now has the signed deed, so the transfer can be completed; and recommending an amendment to the August 6 Council resolution. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council resolution of August 6, 1991 regarding the acquisition of land on Lorneville Road from the Mount Purple Royal Orange Lodge #29 be amended by changing the closing date from August 31, 1991 to on or before October 31, 1991. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the report from the City Manager advising that, further to Council's consideration on September 3 of the matter of the Province's Coastal Clean-Up Project, September 14 has been scheduled for this year's Project, which will be Saint John's third year of participation, and that Ms. Rose Bennett, Manager of Volunteer Services at The New Brunswick Museum, is acting as the liaison between the Museum and the volunteers; also advising that, at the same time, Mr. Harold Wright intends to have a clean-up on Partridge Island and, as in the past, the volunteer group has contacted Municipal Operations with regard to having the trash collected on the Monday following the clean-up; and concluding that, in the next year, the City will become more involved at an earlier date to allow for more public advertising and involvement -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager referring to Mr. John Hanson's submission at Council's last meeting of two grant requests, one for the 1990 Ned Landry Tribute and the second for a 1991 Orchestra Festival; advising that, while there is no recollection by staff of the Finance Department and the Common Clerk's Office of these requests having been received previously, Mr. Hanson has been contacted and given an apology in the event that the administration has misplaced these requests; also advising that the gathering of students, whether it be for a music festival, a sports event or any other event, is an area in which the City has, in the past, not wished to become involved, and that staff has determined that Mr. Hanson's requests fall outside any policies which Council has approved to date; further advising that the $50,000 included in the 1991 budget under Unspecified Grants, in contemplation of Council having to deal with requests that fall outside approved policies, has been absorbed by other grants as indicated; and recommending that the request for financial assistance with respect to the 1990 Ned Landry Tribute and the 1991 Orchestra Festival be denied -- be received and filed and the recommendation adopted. Question being taken, the motion was carried with Councillors Gould, A Vincent and M. Vincent voting "nay". On motion of Councillor Gould 83-111 COMMON COUNCIL SEPTEMBER 16, 1991 Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting an updated listing of motorized equipment and vehicles scheduled to be sold at the public auction on September 21 -- be received and filed. During discussion Mr. Galbraith responded to Council queries on the mileage of various vehicles to be auctioned and the reason for their being included in the auction; and advised that, while there is no policy as such that governs the type of vehicle used and in what application, each time the City goes to tender for replacement vehicles staff considers the function of the vehicle and the technical specifications are written around the function that such vehicle would serve, which results in a variety of different types of equipment in the fleet; and Mr. Wilson expressed the understanding that, as the original advertisement for the auction inadvertently referred to a bankruptcy sale, the newspaper on this date is to carry a corrected advertisement, and advised that the advertisement is the responsibility of the auctioneer. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the status report on the District #2 Fire Protection Study on staff's actions concerning Stations #5 and #7 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that, further to Council's approval on September 9 of a financial arrangement for a new water tank reservoir to be constructed adjacent to the Spruce Lake Industrial Park, Council's authorization to begin the re-zoning process is requested as the subject property is part of a larger parcel owned by the City which is zoned "P" Park, with re-zoning to "US" Utility Service necessary for the proposed use; and recommending that Council set a date for a public hearing, authorize the advertising, and refer to the Planning Advisory Committee for a report and recommendation a proposal to re-zone a portion of City-owned land, being part of NBGIC Number 286559, as illustrated on the submitted sketch -- be received and filed and the recommendation adopted, with the public hearing to be held on October 28, 1991. (Councillor M. Vincent withdrew from the meeting.) 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 low tender, as submitted by Galbraith Construction Ltd., in the amount of $9,450, be accepted for the demolition of the building located at 124 Victoria Street (L.R.I.S. Number 379651). Question being taken, the motion was carried. The Mayor called for a motion to withdraw from the agenda of this meeting the City Manager's report on the demolition of buildings located at Third Loch Lomond. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above-noted report 83-112 COMMON COUNCIL SEPTEMBER 16, 1991 from the City Manager be withdrawn from the agenda of this meeting as requested by the City Manager. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting two resolutions for Council's consideration and approval for submission to the forthcoming Cities of New Brunswick Association meeting, regarding VIA Rail and the 911 Program, and to two resolutions, which were considered in Committee of the Whole earlier this date, concerning revenue-raising opportunities for municipalities and the Unconditional Grant. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the following resolutions be submitted for consideration to the Cities of New Brunswick Association meetings scheduled for October 11 and 12 in Saint John:- 1. WHEREAS rail passenger transportation is a very cost-effective mode of transportation from city core to city core; and WHEREAS rail passenger transportation is a reliable, affordable, and user-friendly mode of transportation for students, middle income families, senior citizens, and the disabled in a vast and expansive nation; and WHEREAS rail passenger transportation can make a much more significant contribution to the region's tourism industry than is permissible under the present VIA Rail routings: THEREFORE BE IT RESOLVED that the Cities of New Brunswick Association convey its strongest support for continued and enhanced rail passenger service to the Federal Minister of Transportation: AND BE IT FURTHER RESOLVED that copies of this motion be sent to the Federation of Canadian Municipalities, the Executive of VIA Rail Inc., and to the opposition Transportation critics, in addition to the Minister of Transportation. 2. WHEREAS an enhanced 911 Program is to be made available in the Province of New Brunswick; and WHEREAS the value of the said Program towards the safety of all the citizens of the Province of New Brunswick will be greatly increased; and WHEREAS the Government of the Province of New Brunswick has concern for the safety and welfare of the citizens of the Province: THEREFORE BE IT RESOLVED that the Cities of New Brunswick Association convey its strong support to the Government of the Province of New Brunswick to expedite whatever action is necessary to have the enhanced 911 Program implemented. 3. WHEREAS municipalities do not share in the profits from the Province's lottery scheme; and WHEREAS under the present legislation municipalities have no right to share directly in such Provincial lotteries nor do municipalities have under current legislation the ability to become involved in similar revenue-making opportunities; and WHEREAS the current tax base focus of municipal government funding is seen to be very limited in view of the increasing demand for services: THEREFORE BE IT RESOLVED that the Cities of New Brunswick Association, in 83-113 COMMON COUNCIL SEPTEMBER 16, 1991 view of the need for additional revenue-raising opportunities for municipalities, make representation to the Provincial Government in this regard. 4. WHEREAS the Unconditional Grant Program in the Province of New Brunswick provides municipalities with a substantial amount of the funding required to provide necessary services at the local level; and WHEREAS the amount of funding under this Program has not kept pace with inflation in recent years with the result that municipalities are now being required to reduce or to eliminate various programs; and WHEREAS new services and programs must be delivered by municipalities because they are being transferred to them by the Provincial Government; and WHEREAS the Provincial Government continues to receive increasing amounts of property tax revenue each year as a result of increased property assessments and new construction: THEREFORE BE IT RESOLVED that the Cities of New Brunswick Association of the Province of New Brunswick request the Provincial Government to increase the amount of funding for 1992 under the Unconditional Grant Program by at least the rate of inflation. 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 September 9, 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 as recommended by the City Manager, Corey Stephen of John Craig & Associates be advised that the City is not prepared to rent the side of the former Red Rose Tea building for advertising purposes. 2. That as recommended by the City Manager, Parcels "Kl", "K2" and "K3" on a plan prepared by Murdoch Lingley Limited dated December 15, 1969 and titled City of Saint John Parcels K2 and K3 be transferred to The Saint John Harbour Bridge Authority for a price of $1.00. 3. That as recommended by the City Manager, Common Council approve the application of Mr. Giuliano DeBortoli for a Housing Through lnfill Development grant estimated at $19,500, relative to the development of two semi-detached housing units at 381 Lancaster Street, subject to approval of plans by the Housing and Property Management Department. 4. That as recommended by the City Manager, Mr. Mark Giberson be appointed as the City's nominee to the board of arbitration with respect to Local No. 18, C.U.P.E., grievance 91-27 on behalf of Mr. Robert Hayes. 5. That as recommended by the City Manager, The Market Square Corporation assume responsibility for supervision of the future design and construction administration of the Saint John Regional Exhibition Centre, at a fee equal to 1 % of the capital cost, but not to exceed $150,000: AND FURTHER that the committee to be established to facilitate the essential liaison and decision making on matters not requiring Council approval include the Mayor, Councillor Davis and the City Manager (ex officio members of The Market Square Corporation); a member of Common Council; Mr. Daryl Wilson, Commissioner 83-114 COMMON COUNCIL SEPTEMBER 16, 1991 of Finance; Mr. Henry Meinhardt and Mr. Hans Klohn (The Market Square Corporation); and Mr. Charles Robichaud, Assistant City Manager - Municipal Operations. September 16, 1991, Saint John, N.B. On motion of Councillor Rogers Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. 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 Coughlan Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) (The Mayor withdrew from the meeting whereupon Deputy Mayor Gould assumed the chair.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried with Councillors Flewwelling and Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Council assent to the subdivision plan of 325 Churchland Road (NBGIC Number 350637) prepared in accordance with the submitted tentative plan photo-reduction with respect to the 3 metre (10 foot) wide utility easement. Question being taken, the motion was carried. 83-115 COMMON COUNCIL SEPTEMBER 16, 1991 Consideration was given to a report from the Preservation Review Board explaining the reason for inclusion in the designated preservation area of only the facades of the Sydney Street buildings fronting onto King's Square; and advising that an application has been received from James MacDonald, owner of the property at the corner of Sydney and Leinster Streets, to rehabilitate the Leinster Street facade, with a request that this facade be found eligible for receipt of a $5,000 grant from the Board's Grants For Historic Building Preservation Program. The report also advises that the front (Sydney Street) facade of this building is within the Trinity Royal Preservation Area and clearly eligible for grants, and that the issue of the owner's request for an extension of the area boundary to include all of the property will be dealt with under separate report; and comments on the importance of the Leinster Street facade of the subject building in that, if work is not carried out as soon as possible, the entire building, including the Sydney Street elevation which is within the Preservation Area, may be lost. The report states that the Board wishes to take steps necessary to save both facades and that, as the integrity of both facades is dependent upon the Leinster Street facade being saved, the Board concluded that the grant program should be extended in this special instance; and submits a recommendation in this regard. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that Council concur with the Preservation Review Board's recommendation to approve a grant of up to $5,000 under the Grants For Historic Building Preservation Program in favour of Mr. James MacDonald toward the rehabilitation of the Leinster Street facade of the 38 Sydney Street building. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Marian Perkins, President of the Elizabeth Fry Society of Saint John, submitting a copy of a letter hand-delivered to Mr. D. O'Leary, Director of Economic Development, for inclusion in the City's bid to have the Atlantic Regional Prison for Women located in Saint John; advising that it was therefore very upsetting to hear a statement on news broadcasts that the Elizabeth Fry Society had not supported the City's bid; and concluding that, since the Society depends entirely on goodwill and the generosity of citizens to support is work, she is sure that, in fairness, the Mayor and Council will want to rectify the statements made to the news media regarding the Society's position with respect to the Regional Prison for Women -- be received and filed with appreciation. The Mayor referred to Council's discussion in open session the latter part of February and to a request she received from the Elizabeth Fry Society for her to sign a petition for Halifax. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Mr. Darrell Dick, President of the Lancaster Minor Hockey Association, referring to Common Council resolutions of October 15 and November 13, 1990 concerning the Association's pre-season ice time; expressing the opinion that the pre-season ice being rented for minor hockey at the rates of $70 and $90, together with a decrease in free time from 15 to 20 hours, is defeating the Association's purpose of trying to achieve its objective of not raising registration fees to a level beyond the means of many parents, and that minor hockey should have this time at the prevailing rate charged to minor hockey during the year; and asking that the City advise at the earliest convenience if it would be willing to consider changing the pre-season rate to $30 and eliminate the free time as requested previously -- be referred to the City Manager. Question being taken, the motion was carried. 83-116 COMMON COUNCIL SEPTEMBER 16, 1991 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter and petition from residents of Greenwood Subdivision off Loch Lomond Road advising of their notification by Mr. Joe McNamara, the owner of the water and sewage system and the original owner of the subdivision, that as of December 1, 1991 he will cease to supply water to the 35-unit subdivision; expressing the opinion that it is time for the City of Saint John to take ownership of the water and sewage system in the subdivision; and asking Council to act on this situation rapidly as in two months the 35 houses will have no water supply -- be referred to the City Manager and the City Solicitor for a report to Council at the next meeting. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk