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1991-09-23_Minutes 83-117 COMMON COUNCIL SEPTEMBER 23, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of September, AD. 1991, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, 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; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; R. Johnston, Deputy Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on September 16, 1991, be approved. Question being taken, the motion was carried. The Mayor advised that the Saint John Port Corporation has completed its project of removing sunken and derelict vessels from the lndiantown area in the City's North End; and encouraged citizens to support the United Way Campaign in its fund-raising efforts. Councillor Flewwelling asked the results of the September 21 City auction to which Mr. Hanlon replied that the auction sales totalled approximately $150,000, compared to staff's estimate of approximately $95,000; and the Mayor asked the City Manager to take note of Councillor Flewwelling's suggestion that senior staff, rather than take a day and a half "retreat" to an out-of-City location (as indicated in a letter from the City Manager of which a copy was forwarded to Council members as an information item), a one-day retreat with no overnight accommodation, or holding the event in Saint John would be more appropriate and less costly in view of the current economic situation. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne suggesting that Council should adopt a policy whereby used City equipment is offered for sale to smaller municipalities prior to being sold at public auction; and requesting that this matter be referred to the City Manager and appropriate staff for review and comments -- be referred to the City Manager. The Mayor asked if the City determines the worth of equipment to be sold at public auction so that the auctioneer can reserve any items for which the bid is insufficient, to which Mr. Hanlon replied that, currently, the City conducts unreserved auctions and that the results have always been greater than the estimate established by staff. Question being taken, the motion was carried. 83-118 COMMON COUNCIL SEPTEMBER 23, 1991 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Supply of asphalt Maritime Limited September 11-17,1991 $91,864.98 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender for the supply of trees be awarded as indicated in the submitted report from the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Choice Drywall Ltd., in the amount of $39,760, be accepted for window and panel replacement at the Eastern Works Depot on Grandview Avenue and the Eastern Police and Fire Stations on Courtenay Avenue. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, contract 91-27, asphalt resurfacing - Manchester Avenue, Red Head Road and Bay Street (Provincially-Designated Highways), be awarded to the low tenderer, Standard Paving Maritime Limited, at the tendered price of $219,000, 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, security in the amount of $50,000 be accepted from F. A Simpson Contracting Ltd. as security to ensure the rehabilitation of the gravel pit located at 1600 Sand Cove Road (LRIS Number 412197). 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 the Engineering and Legal Departments have been examining the situation of cessation of the water supply at the Greenwood Subdivision off Loch Lomond Mall, which was the subject of a petition considered at Council's last meeting, and the matter has been reviewed with the Province of New Brunswick, and is still under review -- be received and filed, with staff to submit a further report to Council by October 15. Question being taken, the motion was carried. 83-119 COMMON COUNCIL SEPTEMBER 23, 1991 Consideration was given to a report from the City Manager regarding the placement of fill in property in the Glen Falls flood risk area, which was discussed at Council's September 3 meeting as a result of a letter from Mr. G. Hammond requesting Council to invoke section 41.2.(6) of the Community Planning Act as he had been cited with a violation of the Flood Risk Area By-Law for adding fill to landscape his backyard at 20 Mackay Street; and noting that the Flood Risk Area By-Law protects property within the area by precluding the placement of fill that would increase flooding unless the landowner provides for compensating flood storage, and that section 41.2.(6) of the Community Planning Act provides that Common Council may, for landowners who are unable to provide the compensatory flood storage, pass a resolution permitting the landowner to pay the City an amount sufficient to offset the cost of the City, through a civic project, providing equivalent storage. The report refers to a previous report which recommended the use of section 41.2.(6), although, due to the small scale of the flood abatement project selected, the per cubic yard costs were considered too high; and advises that, from a Community Planning perspective, if approved, the capital program will control the flooding problem in the Glen and the balance of the flood risk area, and also provide landowners and the community with additional land for development and that, without this program, these development opportunities are not available. The report also advises that the Engineering Department has been requested by the City Manager to report to Council in September concerning the detailed implementation of the Marsh Creek Flood Abatement Program; and further advises that, according to the Legal Department, specific resolutions must be made pursuant to section 41.2.(6) for each applicant who needs the relief by this section. The report explains that the Marsh Creek Flood Abatement Program will cost about $2.08 per cubic yard of flood storage provided, with the expectation that the entire Program is to be completed if this policy is adopted, and that it should be understood that the Program must proceed as soon as possible in that, although no specific application will significantly increase the flooding in Glen Falls, the accumulation of many applications will certainly not improve the situation; and also that, if Council adopts the submitted recommendations, staff will contact the various landowners in Glen Falls who are in violation of the By-Law and advise them of the relief that would be available. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) Common Council adopt a policy of receiving a Council report concerning each applicant who meets the criteria of Section 41.2.(6) of the Community Planning Act and when, in Common Council's opinion, it is appropriate, passing a resolution allowing payment of lieu of compensatory flood storage; and (2) staff will forward a Council report for consideration with respect to Mr. G. Hammond, Mr. J. Irvine and the other residents as soon as the necessary information can be obtained and the report(s) prepared. Councillor Flewwelling suggested that a cost should be applied to areas over a certain size in order to protect owners of small lots, to which Mr. Johnson replied that, in reviewing with the Legal Department various options to control only certain segments of Glen Falls or certain sizes of property or certain parcels, it was concluded that, to be equitable and fair as is necessary under the law, all persons have to be treated in the same manner and the City could not discriminate to one class of landowner as opposed to another. Deputy Mayor Gould asked how it could be explained to owners of small properties that they must pay to fill in the holes in their lawns which the rains wash out perhaps several times in anyone year, and expressed opposition to the above motion on the basis that a way must be found to take care of the small individual homeowner. The Mayor asked the situation of Messrs. Hammond and Irvine if Council does not adopt the above motion, to which Mr. Johnson replied that it would be necessary to prosecute them as being in violation of the City's By-Law. Question being taken, the motion was carried with Councillors Flewwelling, Gould and A Vincent voting "nay". 83-120 COMMON COUNCIL SEPTEMBER 23, 1991 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager explaining that the need to re-zone the property at the Latimer Lake water treatment facility, which was the subject of a recommendation at the last meeting, became evident as a result of a building permit application by the City's contractor, Security Mechanical Ltd., in regard to contract 91-10 for the supply and installation of the fluoridation system for the Loch Lomond water supply; and also, as the City in September 1990 moved to create a new zoning category called Utility Service Zone which was primarily intended for property used by public utilities including the City's Municipal Operations Department, the present facility at Latimer Lake is considered a legal non-conforming use as the present zoning is Park; also explaining that, while the proposed installation would be considered a legal use of the property, some of the work in the contract would be in conflict with the rules concerning the extension of a legal non-conforming use and staff made the decision that the entire site should be re-zoned when this was realized; advising that, if the proposed re-zoning is not approved, it will be necessary to redesign the location of the storage tanks and to modify the sampling pipework so as to stay within the limits of the existing building, which would represent an additional cost to the City both in the contract and in subsequent operating costs, and there would also be a time delay if re-zoning is not successful as equipment changes would be necessary and delivery dates for the new equipment cannot be anticipated at this time, and that an estimated 60-day delay could result if the re-zoning is not successful; and also advising that, if the re-zoning is successful, little or no delay or additional cost should be incurred on the assumption that the re-zoning process proceeds in an orderly fashion; and concluding that the review of this matter has also brought to staff's attention the fact that all the City's existing plant facilities are no longer correctly zoned and, as any changes to structures at these facilities or the addition of new operations can create the same situation as has developed at Latimer Lake, staff will therefore be taking immediate action to initiate the necessary re-zoning of these properties, which will necessitate in excess of 60 such applications -- be received and filed. During discussion Councillor A Vincent questioned the propriety of the City awarding contract 91-10 prior to considering the proposed re-zoning of the subject property to which Mr. Rodgers made the observation that, during debate, Councillors and staff have very appropriately talked about if the re-zoning is or is not approved thereby leaving open the question of re-zoning until after the public hearing in this regard and, at this particular stage of the development nothing has taken place to date which would prejudice Council from proceeding with the proposed re-zoning, the public hearing, voting on the matter and, whatever the consequences of that, deciding to proceed in whatever direction is necessary. Question being taken, the motion was carried with Councillors Gould and A Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Solicitor expressing the opinion that, with regard to the requirement for re-zoning the Latimer Lake water treatment plant property, re-zoning as recommended by the City Manager at Council's last meeting is required in order for the City to carry out the installation of the fluoridation facilities as outlined in a recently-awarded contract which calls for work to be carried out within, as well as outside of, an existing building, and it is the outside work that results in the requirement for re-zoning as legal non-conforming uses can only be extended throughout the building; explaining that, because of assurance from the Director of Engineering that, if the re-zoning does not take place, the installation of the fluoridation facilities can occur through modifications of the proposed design at additional cost, it would be in order for the City to issue a building permit at any time to the contractor for the portion of the work that is taking place within the existing building; and concluding that the City's Building By-Law exempts the requirement for a building permit in some instances, although the construction as proposed in this instance is not one of the exemptions -- be received and filed. 83-121 COMMON COUNCIL SEPTEMBER 23, 1991 Deputy Mayor Gould asked if staff is aware of the approximate additional cost if it is necessary to modify the design to which Mr. Robichaud replied in the negative on the basis that it would be necessary to have the consultant redesign the whole facility relative to putting the tanks inside and modifying the sampling pipework. Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". 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 16, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, (1) Douglas Anderson be appointed to the Saint John Parking Commission for a term to expire December 31, 1992; and (2) Betty Huttges and Marlene Vaughan be appointed to the Recreation and Parks Advisory Board. 2. That as recommended by the City Manager, the lease of the premises at 112 Prince William Street to Henry's Variety Ltd. be assigned to Carol Fox subject to the following changes:- (2) clause 2.4 be changed to read "The lessee agrees that prior to doing any deep fat frying she will install a new ventilation and fire protection system to the satisfaction of the Fire Chief; and (2) the assignment of the lease to be conditional on approval by the Department of Health. 3. That as recommended by the City Manager, the job title for the position of Staffing (Training) Officer in the Department of Human Resources be changed to Personnel Officer I. 4. That as recommended by the City Manager, Harold Wright of Heritage Resources be engaged for a minimum period of 3 weeks to assist in the preparation of applications for Certificates of Appropriateness in accordance with the quotation received on September 5, 1991 for: (1) a fee not to exceed $7,000 for this work; and (2) if determined by staff that the additional resources are required beyond 3 weeks, the assistance may continue to a maximum of 7 weeks and $7,000. 5. That as recommended by the City Manager, the City of Saint John enter into the submitted Use of Area Agreement with Brunswick Square Ltd., relative to a senior citizens' resource and activity centre, subject to the conditions outlined within the agreement. 6. That Council approve the submitted Preliminary Concept for the Saint John Regional Exhibition Centre, dated September 1991, prepared by Urban Consultants Ltd. September 23, 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. 83-122 COMMON COUNCIL SEPTEMBER 23, 1991 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 2 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 3 of the above report be adopted. Question being taken, the motion was carried. With regard to section 4 of the above report, the Mayor advised that portion (1) is to be corrected to indicate an amount not to exceed $2,850, rather than $7,000. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Harold Wright of Heritage Resources be engaged for a minimum period of 3 weeks to assist in the preparation of applications for Certificates of Appropriateness in accordance with the quotation received on September 5, 1991 for: (1) a fee not to exceed $2,850 for this work; and (2) if determined by staff that the additional resources are required beyond 3 weeks, the assistance may continue to a maximum of 7 weeks and $7,000. Councillor Flewwelling proposed an amendment, which was seconded by Councillor A Vincent, that, if the three-week period must be extended, the matter should be submitted again to Council to explain the reason for the extension. The proposed amendment was withdrawn with the consent of the mover and seconder upon Mr. Rodgers' observation, on a point of procedure, that the amendment is not proper in that if it passes there is nothing else on which to vote and it cannot stand with the original motion; therefore, Council could defeat the above motion and consider a new motion. Councillor Rogers, a member of the Preservation Review Board, expressed the opinion that approximately 5 to 7 weeks will be required to accommodate the backlog of 25 to 30 certificates of appropriateness, which resulted from the increase in the number of certificates this year. Councillor Flewwelling noted that two architects, who would have experience with building structure and engineering requirements, responded to the City's proposal call for assistance in the program, and asked why the City would select a person who does not have this experience. Councillor Davis suggested that staff should review the Heritage Preservation program provided by the City in that it is likely that there is much architectural work going into the service provided free of charge by the City, otherwise the amount of time being expended in the certificate preparation would not be necessary, and noted that, once the backlog of certificates is accommodated and the person engaged to assist is no longer involved, it could be that the process will once again become backlogged. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 83-123 COMMON COUNCIL SEPTEMBER 23, 1991 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 6 of the above report be adopted: AND FURTHER that Councillor Coughlan be appointed to represent Council on the committee established by Common Council resolution of September 16 with respect to the Saint John Regional Exhibition Centre. The Mayor asked that Councillor Coughlan be appointed to represent Council on the committee established by Common Council resolution of September 16, and requested Council to meet in Committee of the Whole immediately following this meeting in order to discuss a matter which arose earlier this date. Councillor Rogers noted costs over and above the proposed $16,979,500 construction cost estimate included in the above-submitted Preliminary Concept; and Councillor Flewwelling and Deputy Mayor Gould expressed concern about the provision of only 540 parking spaces for the proposed 6,000-seat facility, with the Deputy Mayor suggesting that the City must review its priorities already established for projects and re-arrange them according to the amount of funding available. Question being taken, the motion was carried with Councilors Flewwelling and Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Athletics Under 16 Girls Soccer Team requesting a grant to assist in its representation of the Atlantic Region in the upcoming National Soccer Championships to be held in Edmonton, Alberta, during the period October 10-15 -- be referred to the Recreation and Parks Advisory Board. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the letter from the Quincentennial Committee for Knights of Columbus Council 9176 suggesting that, as this group derived its name from explorer Christopher Columbus and in 1992 the world will be celebrating the quincentennial of his discovery of the world, it would be fitting to have Common Council's permission to name the street leading from the Westfield Road into Saint Matthew Catholic Church to be known as Columbus Drive, and that, as there is no name on this street, it would then make it much easier for the public to find it -- be referred to the City Manager and the Planning Department. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of Mr. Philip Massey for the re-zoning of 220 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 Tuesday, November 12, 1991. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Landers RESOLVED that the Study on Municipal Waste Management in New Zealand by Dr. George M. Betts (a copy of which was 83-124 COMMON COUNCIL SEPTEMBER 23, 1991 forwarded to Council members as an information item) be added to the agenda and received and filed. Question being taken, the motion was carried. Deputy Mayor Gould asked that Mr. MacKinnon ensure that Fundy SWAT is provided with a copy of the above Study. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk