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1992-05-04_Minutes 83-510 COMMON COUNCIL MAY 4,1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of May, AD. 1992, at 4:00 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; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; S. Galbraith, Director of Supply and Services; M. Jamer, Director of Works; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; J. Baird, Manager - Development Division; C. Campbell, Manager - Policy Division; J. Bezanson, Heritage Planner; B. Malone, Planner; G. Ingraham, Assistant Deputy Chief of Police; R. McDevitt, Fire Chief; G. Tait, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Ray Warner of Central United Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on April 27, 1992, be approved. Question being taken, the motion was carried. The Mayor proclaimed May 11 to 17 as Nurses Week in the City of Saint John; noted the opening of the Inn-an-The Cove at 1371 Sand Cove Road; and called for a motion to add to the agenda of this meeting The Market Square Corporation's recommendations for the award of the construction contract, and the total budget, for the Saint John Regional Exhibition Centre (which were considered in Committee of the Whole earlier this date). On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that two recommendations of The Market Square Corporation, which were considered in Committee of the Whole earlier this date, concerning the Regional Exhibition Centre, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Councillor Flewwelling proposed that the letter from the Loyalist Day (May 18th) Committee concerning the appointment of Honourary Charter Officials, and the City Manager's report with regard to the Fire Department Establishment (which are on the Committee of the Whole agenda of this date), be added to the agenda of this meeting. The Mayor expressed the understanding that the former matter is in Committee of the Whole as it is the intent to surprise the nominees and, with regard to the latter, indicated that Council must deal with this matter with the City Solicitor. 83-511 COMMON COUNCIL MAY 4,1992 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting a copy of a news release issued by the Office of The Honourable Gerald Merrithew, Saint John's M.P., announcing the $1.5 million passenger loading bridge for the Saint John Airport -- be received and filed, and Mr. Merrithew be commended on his initiative. Question being taken, the motion was carried. The Mayor called for a motion to receive and file her letter concerning the Green Up '92 Campaign and, in suggesting that the school children might get involved in the Campaign by picking up litter along the roadsides and the on and off ramps, asked Council to give her authority to award a prize to the school that collects the most bags of litter. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from the Minister of the Environment encouraging involvement in the Green Up '92 Campaign planned for the month of May -- be received and filed: AND FURTHER that the Mayor be authorized to award a prize to the school that collects the most bags of litter. Question being taken, the motion was carried. Read a letter from Councillor Flewwelling asking for information on the expenditures noted, which were included in the listing for the month of March 1992. Mr. Wilson gave a verbal explanation of the expenditures listed in the above letter. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by The Market Square Corporation, the construction contract for the Saint John Regional Exhibition Centre be awarded to Meridian Construction Inc., at the tendered price of $14,262,042 for Alternate #1 which includes concourse completion without extra seating: AND FURTHER that as recommended by The Market Square Corporation, Council approve a total budget of $17,000,000 for construction of the Saint John Regional Exhibition Centre. Messrs. H. Meinhardt, Chairman; J. Shackleton, General Manager; and S. Appleby, Assistant General Manager, of The Market Square Corporation, were present at the meeting, and Mr. Meinhardt addressed Council on the results of the tender for the building construction. Mr. Meinhardt advised that tenders have now closed on 95% of the work, and the Exhibition Centre building can be delivered within the $17 million parameter set by Council and, referring to a bid summary and tender award recommendation (copies of which were distributed at this time), explained that the three prices quoted by each of the six tenderers represents the base bid for the building; Alternate #1 including, in addition, the completion of the concourse ring with a bridge over the truck entrance at the west end of the arena to allow complete access around the building at that level; and Alternate #2 which includes the base price and the concourse ring, as well as approximately 1,800 additional seats. Mr. Meinhardt also advised that the low bid for the basic price, as well as for Alternates #1 and #2, was submitted by Meridian Construction, and that the addition of 1,000 seats at a cost of $569,000 is considered to be unwarranted at the present time in that these seats could be added at a future date with very little additional cost, if and when required; and 83-512 COMMON COUNCIL MAY 4,1992 recommended that the tender be awarded to Meridian Construction Inc. at a total cost of $14,262,042 as bid under Alternate #1. Mr. Meinhardt further advised that the following items were considered in a review of the total cost of the project: the site excavation with a net cost relating to the building of $916,000 and the building construction contract at $14,262,042, as well as a number of enhancements that are made possible by the excellent prices that were received which total $740,000, including: an allowance of $100,000 to carry out independent testing during the construction process to ensure that all work is done according to specification, a recommended budget increase to $450,000 for the sound system, the inclusion of heat recovery units on the refrigeration system at a cost of $140,000, and $50,000 for signage and graphics on the exterior and interior of the building. Mr. Meinhardt noted that these additional items, for which an allowance of 5% or $750,000 for changes during construction has been added, yield a total budget of $16,668,042, which leaves $331,958 in the original $17 million budget which, he suggested be left intact in the event that additional work is identified at a later date, such as enhancement of the concession spaces or the private boxes, and expenses associated with commissioning or additional landscaping around the building; and also recommended that Council approve an overall budget of $17 million for construction of the Regional Exhibition Centre building. During discussion Mr. Meinhardt read the list of sub-contractors to be involved in the above construction contract, and the cost of the land for the facility was broached on the basis of the total cost of the project. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-13 - Water and Sewer Renewal City Line and Woodville Road QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated April 14, 1992 Final holdback release. $486,787.50 527,473.02 Nil 448,352.06 79,120.96 5,176.14 $ 79,120.96 Question being taken, the motion was carried. (Councillor Landers withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the report from the City Manager advising that, with regard to the structure at 1377 Lorneville Road for which the demolition tender was tabled on April 13, the owner has applied for a permit to remove the building and has completed the removal, and recommending that the tenders for the demolition of the property located at 1377 Lorneville Road (NBGIC Number 285338) be returned to the bidders and they be thanked for their interest -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Consideration was given to a report from the City Manager, dated April 83-513 COMMON COUNCIL MAY 4,1992 27, 1992, recommending the acceptance of the tender of L. & R. Construction Ltd. in the amount of $3,318, for the demolition of the building located at 205 St. James Street West (NBGIC Number 365742). Consideration was also given to a report from the City Manager, dated April 30, 1992, advising that, after receiving a complaint from the Police Department on April 29 that several children were playing in the building at 205 St. James Street West and the owner would not board the building up, the Building Inspector decided that the contract should be given to the low bidder as quickly as possible to resolve the hazard to the public, and issued a purchase order to L. & R. Construction Ltd., in the amount of $3,318 and instructed the contractor that the building be removed prior to the weekend; also advising that the owner will be billed for the cost of the demolition; and recommending that this report be for information only. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the above reports from the City Manager be received and filed. 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 demolition of properties in preparation for the construction of the new #5 Fire Station be awarded as follows:- BTS-92-04 - 21 Adelaide Street (NBGIC Number 374421) - L. & R. Construction Ltd., in the tendered amount of $2,835.50; BTS-92-05 - 253-255 Main Street (NBGIC Number 374454) and 257-259 Main Street (NBGIC Number 374447) - Galbraith Construction Ltd., in the tendered amount of $10,250.00; and BTS-92-06 - 194 1/2 Metcalf Street (NBGIC Number 377010) and 194 Metcalf Street (NBGIC Number 377010) to L. & R. Construction Ltd., in the tendered amount of $8,774.00. Councillor A Vincent suggested that the City's own forces should bid on demolition projects and that the City engineers should estimate the cost in order to determine if the tendered prices are reasonable. Mr. Johnson confirmed Mr. Armstrong's opinion that the prices tendered for the above project are reasonable, and advised that further demolition tenders may well be somewhat higher in that the Old Black River Road dumpsite provided by the City for demolition materials, which has kept the prices as low as they have been for the last four or five years, is now filled and the City is having difficulty getting another site opened up. (Councillor Landers re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $96,000 be accepted from Galbraith Equipment Company Limited as security to ensure the rehabilitation of the gravel pit at 395 Manchester Avenue (NBGIC Number 408294). Question being taken, the motion was carried. Read a report from the City Manager recommending adoption of the submitted resolution as an appropriate response to Common Council's request of April 21 for the preparation of a motion respecting Council's wish that the Province address the unregulated development of pits and quarries in the unincorporated areas, and 83-514 COMMON COUNCIL MAY 4,1992 recent approval of a planning process to establish policy and standards for gravel pit and quarry development in Saint John. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the Province be requested to develop regulations for the development and ongoing operation of sand and gravel pits and quarries in unincorporated areas of the Province. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to the April 13 request of Sergeant Leonard Stull, Police Coordinator of the Crime Prevention Unit of the Saint John Police Force, for a grant for The Law Enforcement Torch Run, the City of Saint John is already directly involved in a major fund-raising event on behalf of the New Brunswick Special Olympics Inc., that being an annual celebrity golf tournament at Rockwood Park, and submitting a recommendation in this regard. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the organizers of The Law Enforcement Torch Run be advised of the role that the City is already playing in support of the New Brunswick Special Olympics. Councillor Landers asked the amount contributed by the City to the Special Olympics to which Mr. Wilson replied that the City gives to the event through its involvement in the Celebrity Golf Tournament, the success of which over the last few years has resulted in $40,000 being given, with the City's direct contribution being through the waiver of fees for the Golf Course, staff time and things of that nature. (Deputy Mayor Gould entered the meeting.) Question being taken, the motion was carried with Councillors Landers, Rogers and A Vincent voting "nay". On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, further to the April 13 request of the Saint John Jaycees for financial support in its bid to host the Atlantic Region 1993 Winter Board Conference in Saint John, staff has been unable to find any approved Council policy under which assistance to the Jaycees could be recommended and that, while staff would encourage the Jaycees to press forward with efforts to host the 1993 Conference, staff does not believe it appropriate for the City to become directly financially involved in the Jaycees' attempts; also advising that Tourism staff has met with a representative of the Jaycees and provided ideas, information on hotels, tourism kits and a promotion video with which to prepare a bid to host the meeting; and recommending that the request of the Saint John Jaycees be denied -- be received and filed and the recommendation adopted. Question being taken, the motion was carried with Councillors Rogers, A Vincent and M. Vincent voting "nay". Read a report from the City Manager advising that the City Market has been asked to host the highly-prestigious New Brunswick Crafts Association Artisans in a two-day show and sale on Saturday, June 13, and Sunday, June 14, and it is expected that the two-day event would attract several thousand people including many tourists and people from all over Southern New Brunswick, and that the City Market Promotions Committee has asked the Parks Department to submit a request to Common Council to allow the City Market to be open on Sunday, June 14, 1992, from 11 :00 a.m. to 4:00 p.m.; also advising that the City Market tenants have been surveyed 83-515 COMMON COUNCIL MAY 4,1992 and are all in favour of the opening to support the holding of the Craft Show; further advising that it will cost the City $350 to bring in two staff for the day; and submitting a recommendation in this regard. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) Council support the City Market being open on Sunday, June 14, 1992 from 11 :00 a.m. - 4:00 p.m. to support the hosting of the New Brunswick Craft Association Artisans show and sale; and (2) the City Solicitor be directed to review By- Law C-115 and advise Council as to the necessary steps to permit the Sunday opening. Question being taken, the motion was carried. Read a report from the City Manager referring to Council's approval, in Committee of the Whole in November 1990, of a resolution to provide $300,000 to U.N.B.S.J.'s student housing project, such funding to come from the Future Development Fund which, as Council will recall, was originally established from the proceeds of the sale of the Rockwood Court Housing Project and was earmarked specifically for future housing initiatives; noting that, while Council gave support to the resolution and advised U.N.B.S.J. accordingly, Council chose to defer adopting a resolution in open session until such time as the fundraising campaign was well underway; advising that representatives from the University have now informed the City that the campaign is progressing well and construction is now scheduled, and they have requested that the City present its contribution during the convocation ceremonies to be held in late May; and concluding that it would be appropriate for Council to confirm, in open session, the original motion so that the presentation may be made. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the City of Saint John, from the proceeds from the sale of Rockwood Court, contribute $300,000 to the U.N.B.S.J. student housing centre, with the concurrence of The Saint John Non-Profit Housing Inc. Question being taken, the motion was carried. Consideration was given to a report from the City Manager referring to Uptown Saint John Inc.'s request (which is on the agenda of this meeting) for Council to endorse a proposal to the Canada/New Brunswick Cooperation Agreement on Urban Economic Development to provide financial assistance of up to $25,000 and participate in the Uptown Strategy process, and advising that this is a result of a presentation by City and Uptown Saint John Inc. staff to officials of the Cooperation Agreement who wanted to participate in the Uptown Strategy process in general and share the benefits of this community visioning process with other business improvement areas across New Brunswick; and recommending that Council endorse the application, dated April 22, 1992, by Uptown Saint John Inc. for up to $25,000 additional funding under the Planning Assistance Component of the Cooperation Agreement. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Council endorse the application, dated April 22, 1992, by Uptown Saint John Inc. for up to $25,000 additional funding under the Planning Assistance Component of the Canada/New Brunswick Cooperation Agreement on Urban Economic Development. Question being taken, the motion was carried. On motion of Councillor Knibb 83-516 COMMON COUNCIL MAY 4,1992 Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender for the supply of petroleum products for a twelve- month period, on an as-required basis, be awarded as follows: items 1,2, 3, 6, 7, 8A, 8B and 16 to Irving Oil Co. of Saint John ($972,342.80); items 4A, 4B, 9A, 9B, 9C, 9D, 10 and 11 to Manco Petroleum Ltd. of Saint John (17,422.54); items 5, 12 and 15 to Commercial Equipment Ltd. of Saint John ($7,214.99); and items 13 and 14 to Laurentide Atlantic of Richibucto ($3,294.00), as indicated in the submitted bid summary; and that staff be authorized to expend $1,000,274.30, plus taxes, for these products. 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 of Melanson's Waste Management be accepted for supplying T.V. sewer inspection service on an as-and-when required basis for the period ending April 30, 1993, at a cost of $60 per hour, and $.40 per foot, and staff be authorized to expend up to $50,000 for this service. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, contract 92-2, Manawagonish Road storm sewer, be awarded to the low tenderer, QM Construction Ltd., at the tendered price of $149,022, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to the Environment Committee's report to Council on December 9, 1991 following its review of the options for a smoking by-law, the City Manager and staff have prepared the submitted proposed by-law, which has been reviewed by the Environment Committee and uses several techniques to reduce smoking in the community, with enabling legislation to permit Common Council to only control smoking in public places, with workplaces still uncontrollable; and highlighting the proposed by- law as follows: (1) no smoking except in designated smoking areas for all public places which include: (a) all places where people assemble, i.e. churches, schools, meeting halls or rooms, restaurants; (b) all places that people visit or conduct business, i.e. food stores, shops, areas within offices, banks, etc. into which the public is invited; and (c) common or public areas in apartment buildings, hospitals, etc.; (2) exemptions given to small restaurants which serve 40 persons or fewer; (3) designated smoking areas have restrictive standards of air quality which will be quite expensive both to install and to operate; (4) a reduced standard will apply to designated smoking areas in restaurants because of the lower density of smokers compared to a normal smoking room; and (5) requirements for signage. The report also advises that, since the public became aware of the proposed by-law's direction in December, concerns have been expressed by (1) operators of bingo halls, (2) Saint John Regional Centre; and (3) mechanical consultants, i.e. cost of designated smoking area; and that, while the Environment Committee determined that no additional exemptions should be made, a minor amendment has been included which allows the mechanical engineer, designing the smoke control system for a designated smoking area, some design flexibility without impacting on the quality of the air provided within the public places; further advises that the Environment Committee and others, including the District Medical Health Officer, wish to address their comments directly to Common Council; and recommending that (1) first reading be given to the submitted by-law; and (2) a proposed date be established at which Common Council will hear briefs by interested citizens or groups concerning the proposed by-law. 83-517 COMMON COUNCIL MAY 4,1992 On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that the Saint John Smoking By-Law be read a first time. Councillor Knibb advised his intent to vote against first reading of the above-proposed by-law on the basis that, in a society such that exists today where there are many more fundamental problems of human nature being faced, he considers it offensive to require the Police to enforce a by-law of this nature, as well as poor sense of judgement by those who want to impose another restriction in society, and also for the reason that this is not the time, in view of the depressed economy, to impose a burden upon business that will have to install ducts and ventilation in order to satisfy the by-law. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried with Councillors Knibb and A Vincent voting "nay". Read a first time the Saint John Smoking By-Law. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that a proposed date be established at which Common Council will hear briefs, as soon as possible, by interested citizens or groups concerning the proposed Smoking By-Law. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager responding to the March 30 presentation on behalf of the Champlain Heights Home and School Association; advising that, while most of the measures can be proceeded with immediately, some of the work is dependent on a reply from the Association regarding the pedestrian way; and recommending that staff proceed with the installation of curb and sidewalk intersection improvements, installation of stop signs and flashing lights at the circle area of Champlain Drive, and also that staff follow up on the possible closing of the pedestrian way -- be received and filed and the recommendation adopted, and that the main curb and sidewalk work be referred to the 1993 Capital Budget for consideration. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that further to Council's tabling of the matter of the former General Hospital boiler house and chimney at 211 Waterloo Street, which was presented to Council at the last meeting under the 1925 Building Act, the Legal Department has advised that the notice provided pursuant to the Act could be better drafted than the one actually given to the owner and, since the Building Inspector's recommendation has been tabled, staff determined that it would be prudent to re-notify the owner and have a new public hearing on this issue which will be done as soon as possible -- be received and filed. Councillor A Vincent asked how, as a chimney is not a building, it can be considered under the 1925 Building Act, to which Mr. Rodgers replied that he is satisfied that the particular object fits in under the 1925 statute. Question being taken, the motion was carried. 83-518 COMMON COUNCIL MAY 4,1992 Read a report from the City Manager submitting Appendix "A" which summarizes the costs and revenues for the watershed activities undertaken in 1990-91, and Appendix "B" which projects the 1992 schedule of costs and revenues; and advising that, in addition to ongoing work in the Loch Lomond watershed, forest activities will again increase in 1992 with work commencing in the Spruce Lake/Musquash watershed as a direct result of cooperation between the Water and Sewerage Department and the Southern New Brunswick Wood Cooperative, which worked over the past year to develop a forest management plan for City-owned land in this watershed, and that it is anticipated that, over the next few years, revenues may possibly equal or exceed expenditures. The report also advises that, during 1991, silviculture (which includes planting, thinning and site preparation) was carried out for the City by using the resources of the Southern New Brunswick Wood Cooperative Limited at rates established in the Canada/New Brunswick Cooperation Agreement on Forestry through which the City received subsidies of $25,500 in 1990-91 and anticipates receiving similar funding in 1992; and further advises that, at the present time, staff is preparing a proposal in conjunction with Forestry Canada, the New Brunswick Department of the Environment, and Environment Canada (Directorate of Inland Waters), to obtain funding through the Canada/New Brunswick Cooperation Agreement on Forest Development to address specific watershed forest management issues which pertain to municipal watersheds. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Council provide staff with the authority to engage the Southern New Brunswick Wood Cooperative Limited for silviculture operations at rates as set out under the Canada/New Brunswick Cooperation Agreement on Forest Development; and further that, as provided in the 1992 Water and Sewerage Operating Budget, expenditures of up to $60,000 be authorized for this purpose. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, in order to formalize what has been agreed to approximately two years ago between the City and the landlord of City Hall concerning a proportionate share of operating expenses and taxes, it is now appropriate for the amendments to be signed by the City to provide that (1) the City's proportionate share of operating expenses will include an amount of $52,500 (for 1990) representing the cost to the landlord of administering the City Hall building; (2) the landlord will pay the City on March 31 of each year the amount of any overpayment of the City's proportionate share of operating expenses and taxes during the previous calendar year; and (3) each year the City will make monthly payments on account of operating expenses and taxes based on the actual operating statement for the previous calendar year; 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 Mayor and Common Clerk be authorized to sign, on behalf of The City of Saint John, the lease amendments relative to the City Hall building, as explained in the above report from the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the City Manager advising that this year's Clean-Up Week is from May 11 to May 15, inclusive, and submitting a copy of an advertisement in this regard -- be received and filed. Question being taken, the motion was carried. 83-519 COMMON COUNCIL MAY 4,1992 Consideration was given to a report from the City Manager advising that the City has been informed that, if the draft legislation for the establishment of the Saint John Regional Exhibition Centre Commission is approved by May 4, it can be dealt with at this sitting of the Legislature; otherwise the Commission will not be created until the spring of 1993 and, as during the next twelve months many decisions will have to be made concerning the Centre, it would be preferable to have the Commission in place to deal with them; and also advising that, while it would have been preferable to have the outlying municipalities involved at this time so that the application to the Legislature would be a joint undertaking and in that this will not be possible as the outlying municipalities have deferred a decision until after the forthcoming municipal election, it is important that official correspondence be made from the City to the outlying municipalities explaining that the creation of the Commission at this time is solely for business reasons and that the City is anticipating further discussions with them after the May 11 election. The report submits the proposed legislation, which was drafted by the Legal Department and is similar to the Saint John Transit Commission Act and the Saint John Aquatic Commission Act and reviewed by the Saint John Regional Exhibition Centre Interim Committee; and submits a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Council approve the creation of the Saint John Regional Exhibition Centre Commission on the basis of the submitted proposed legislation and that the necessary steps be taken by the City Solicitor to bring this matter to the Legislature immediately, and further that correspondence be made between the City and each of the outlying areas explaining why the City is taking this action at the present time. The Mayor advised that, having been in touch with the Premier's Office with respect to the above matter, the proposed legislation must be delivered to the Province on May 5 for submission to the Legislature, and that the Commission, when established, would be able to engage a general manager for the Centre, as well as enter into negotiations on the private boxes and an AHL team and so on; and also advised that she has spoken with the Chairman of the Fundy Region Mayors Association explaining the proposed action. Councillor M. Vincent asked who drafted the proposed legislation to which Mr. Rodgers replied that he and the Commissioner of Finance prepared the draft using many common sections from the Act which is presently in existence with respect to the Aquatic Centre Commission and made changes to reflect what they thought were appropriate to the Regional Exhibition Centre. Councillor M. Vincent expressed the opinion that the quorum should be five of seven members, rather than four as proposed, particularly for the reason that, if the chairman or presiding officer is not to have a casting vote to break a tie, during the upstart of the operation of the Centre it will be essential for the Commission, to do its job properly, to have the flexibility that it needs and that it not be hindered by tie votes occurring which could happen and prevent the orderly flow of business. Councillor M. Vincent asked if the intent of section 5(f), concerning the investing of monies as the Commission thinks fit, is to be that such investing can be done without the input of the Commissioner of Finance, and, with regard to section 50) dealing with leases or rental arrangements of the facilities, expressed concern that this might very well prevent important negotiations and discussions that might be handled more appropriately by somebody other than the Commission. Councillor M. Vincent referred to section 7(7), which deals with the submission by the Commission to Common Council of additional reports on its finances and operations as may be requested by Common Council from time to time, and to section 7(8), which indicates that the City shall be liable for and shall pay to the Commission the amount by which the actual operating loss for a fiscal year exceeds the monthly payments previously paid on account of that fiscal year; and made the observation that the latter does not make any reference to the requirement of financial statements; and asked if section 50) restricts in any way the authority of the General Manager under section 6(1), and if the document gives authority to negotiate only to the General Manager and members of the Commission and, if so, if the proposed document could stymie any other negotiations by any other parties properly and rightfully appointed to act on Council's behalf. Mr. Rodgers replied that the authority of the General Manager is not reflected in the fact that the Commission would have the authority to enter into a lease or rental arrangement, and that, while legally he 83-520 COMMON COUNCIL MAY 4,1992 is uncertain if it means that the General Manager and Commission are the only ones authorized to negotiate, Council would not normally get involved once a commission of this nature is established and, with regard to the latter, made the observation that he cannot speak for other parties with whom the Commission may wish to negotiate, and also that the proposed legislation is indicating who, after negotiations are completed, the official parties are to the document, and also that he is recommending adoption of the proposed motion if Council is desirous of having legislation to set up a commission, and not from a policy point of view. Councillor Landers made the observation that, while she is in favour of the project, there has been concern about timing and getting the outlying municipalities on side in relation to the project, and that, while there is no question that the costs of the facility will be great, hopefully the City will benefit from the operating costs; and questioned the proposed establishment of a seven-member board, on which there will be no elected municipal officials and in view of the anticipated major operating costs that will affect the taxpayers of the community, without any outside municipalities having contributed to date and now having delayed their decisions in this regard until after the May 11 municipal election. Mr. Wilson explained that the purpose of the proposed legislation is to permit certain business to proceed with respect to the Commission and activities at the Centre and that, as indicated in the above report, ideally the City would have liked to have progressed further in discussions with the outlying municipalities; however, the Commission should be put in place at this point and, as discussions continue after the municipal election, there will be an opportunity to amend the legislation prior to the opening and operation of the Centre on a full-time basis, and also that there is a mandate in place to proceed with the decisions which have to be made and that the Commission is being recommended to facilitate those decisions. Councillor Landers, in noting that the tender has been called and awarded for the construction of the facility and a commission is now to be established, expressed concern about approaching the outlying municipalities for funding after this action has been taken without their input. During discussion Councillor Rogers proposed that (a) of Section (2)(2) be amended to read "seven members appointed by the Common Council", thereby deleting the words "none of whom shall be a member of an elected municipal council"; and that (9) of Section 2 be amended to indicate that the Chairman or presiding officer shall have a casting vote in the event of a tie. Mr. Rodgers explained that the wording for 2(9) was copied from existing legislation and again, based on the fact that it is the same law that applies to the Mayor as Chairman of the Council, and that, rather than leaving that person out of the voting procedure completely and rather than that person having two votes, this is what the City of Saint John, in the past, has believed to be the fairest way of having a chairman involved but not having an extra vote. The Mayor suggested that, rather than change the wording of section 2(9), the quorum could be changed from four to five thereby preventing a tie vote whereupon Councillor Rogers concurred that either of the two would be acceptable for her amendment. Mr. Rodgers, in noting that it is unusual to have a quorum of a number any larger than the simple majority, confirmed that the legislation could indicate a quorum of five rather than four members, and confirmed Councillor Fitzpatrick's observation that the two amendments should be dealt with in two separate motions. Moved in amendment by Councillor Rogers Seconded by Councillor Landers RESOLVED that section 2(2)(a) of the above-proposed legislation be amended by deleting the words "none of whom shall be a member of an elected municipal council". Question being taken, the amendment to the motion was carried with the Mayor and Councillors Davis, Coughlan, Fitzpatrick and Knibb voting "nay". Moved in amendment by Councillor Rogers Seconded by Councillor Landers RESOLVED that section 2(8) of the above-proposed legislation be amended to indicate that five voting members of the Commission shall constitute a quorum. Question being taken, the amendment to the motion was carried with the 83-521 COMMON COUNCIL MAY 4,1992 Mayor and Councillor Davis, Coughlan, Fitzpatrick and Knibb voting "nay". In response to Councillor M. Vincent's concern about section 5(f) if it is the intent that the Commission can invest money on its own without involving the Commissioner of Finance, Mr. Wilson, in concurring with Mr. Rodgers' observation that the Commissioner of Finance as an ex officio member would not have a say directly in what the Commission does with its money, made the observation that the Commissioner of Finance has the authority, given by Council resolution, to make transfers to the different commissions and boards based on the cash-flow requirements, and that this is normally done based on their operating needs and not in a way that would enable them to build up cash reserves when the City would be borrowing. Councillor M. Vincent proposed an amendment, which was seconded by Councillor Rogers, to include in section 5(f) the words "on the advice of the Commissioner of Finance". Mr. Rodgers confirmed Councillor Fitzpatrick's observation that the proposed amendment, if adopted, would mean that, if the Commissioner of Finance's advice would be to not invest, the Commission would not be able to do so, and Councillor Fitzpatrick noted that the Commissioner of Finance would then be given the full financial authority thereby taking away from the Commission's authority. During discussion Mr. Wilson confirmed that, as indicated in section 7(6), he would have access to the Commission's financial records prior to paying to the Commission the amount by which the actual operating loss for a fiscal year exceeds the monthly payments, as referenced in section 7(8). Mr. Rodgers made the observation that there is a difference between consultation and decision making with respect to the Commissioner of Finance's involvement; and the Mayor noted that the Commissioner of Finance will definitely be consulted and, as the person who would report to Council, Council would be the first group to be made aware of anything he feels that the Commission is not doing right, and the proposed amendment with respect to section 5(f) was subsequently withdrawn. Councillor Fitzpatrick asked the plan for operation, if the legislation for the Commission was not to proceed at this time, to which Mr. Wilson replied that the Interim Committee would negotiate and subsequently make recommendations to Council and that, while it was thought that fall legislation would be possible, he now understands that the Legislature does not enact such legislation in the fall sitting. Question being taken, the motion as amended was carried with Councillors Landers and A Vincent voting "nay". Read a report from the City Manager submitting correspondence from the Legal Department concerning a request from the solicitor for Mr. and Mrs. Dennis McNally, the owners of the building at 612 Lancaster Avenue, for an easement permitting the encroachment of the McNally building upon Lancaster Avenue; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of one dollar ($1.00), to execute a grant of easement in favour of the owners of the building at 612 Lancaster Avenue, to permit encroachment of the building upon Lancaster Avenue, such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. The Mayor called for a motion to withdraw from the agenda the reports from the City Manager, dated April 24 and May 1, 1992, recommending the acceptance of security to ensure the rehabilitation of the Galbraith Construction Ltd. gravel pit at 2400 Ocean Westway, and advising that this item no longer requires a decision of Council, respectively. On motion of Councillor Knibb 83-522 COMMON COUNCIL MAY 4,1992 Seconded by Councillor Gould RESOLVED that the above-noted reports from the City Manager be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the application of Deans Hill Company Ltd. for a proposed Municipal Plan amendment, re- zoning and a Section 39 amendment with respect to property on Douglas Avenue, Chesley Drive and Main Street, the proposed By-Law amendments having been given first and second readings at the April 27 public hearing at which time Council, by resolution, requested further conditions concerning the phasing of the project as well as the amount of floor space to be initially approved in the office/commercial building; explaining that the purpose of this report is to suggest the wording for the proposed Section 39 resolution to address these two concerns, as well as recommend certain wording changes to other parts of the proposed Section 39 resolution as recommended by the Legal Department; submitting a copy of the Planning Advisory Committee's report to Council at the April 27 public hearing; and recommending that the following wordings as requested by Council be adopted as amendments to the Section 39 resolution which was recommended to Council by the Planning Advisory Committee: 1) Part 3(d)(i) of the recommendation be amended to read as follows:- "(i) the building shall initially contain a maximum gross floor area of 49,000 square feet subject to the conditions of part (3)(d)(iii) below. A second stage, containing up to an additional 49,000 square feet shall be permitted only if approved by Common Council as a statutory amendment.; 2) The following part (3)(i) be added immediately following part (3)(h) of the recommendation: "(i) Phase 1 of this proposal, being the urban inn and the restoration of buildings on Douglas Avenue, shall be undertaken prior to commencement of any subsequent phase of the proposal. Subsequent phases shall not be undertaken until such time as the Development Officer deems that the work required for each building in Phase 1 is at least 50 per cent complete. "; 3) The words "for adoption by Council as an amendment to these conditions" in part 3(d)(iii) and part 3(e)(iii) of the recommendation be replaced by the words "for approval by Council as a statutory amendment", so that they now read as follows: "(iii) detailed plans, illustrating the exact location of the building and vehicular access, height, elevation views and exterior materials, shall be submitted for approval by Council as a statutory amendment. The design guidelines as recommended by the Preservation Review Board will be used to evaluate the detailed plans. "; 4) The words "for adoption by Council as an amendment or amendments to these conditions" in part (3)(f)(v) of the recommendation be replaced by the words "for approval by Council as a statutory amendment or amendments", so that it now reads as follows: "(v) detailed plans, illustrating the exact location of buildings and vehicular access, site development, height, elevation views and exterior materials, shall be submitted for approval of Council as a statutory amendment or amendments. The design guidelines as recommended by the Preservation Review Board will be used to evaluate the detailed plans.". (Councillor Landers withdrew from the meeting as she was not present for the April 27 public hearings of the above-proposed By-Law amendments, nor the proposed re-zoning of 772 Millidge Avenue.) On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the above recommendation of the City Manager be adopted. 83-523 COMMON COUNCIL MAY 4,1992 Councillor Fitzpatrick asked if the developer must prove that there will be no detrimental effect of the proposal to the designated downtown core, prior to Council amending the Municipal Plan, to which Mr. Baird replied that, while there are policies in the Plan which speak of the need to protect the downtown area, there is not a clear statement that requires particular studies or documentation from an applicant as there is with respect to a shopping centre. The Mayor advised that Mr. Thorne confirmed with the City Manager that he was not opposed to Phase 1 being done first. Question being taken, the motion was carried with Councillors Flewwelling and Gould voting "nay". Consideration was given to a report from the City Solicitor regarding Council's consideration at its April 19 meeting of a request on behalf of St. Martins & District Lions Club for the City to waive a $100 permit fee for the construction of a bus shelter at the corner of Range Road and St. Martin's Highway, Council in 1991 having granted the Club permission to construct the bus shelter with the understanding that the City assumes no liability and that, should the City need or require any portion of the right-of-way, the bus shelter would be removed and the use terminated within 30 days notice being given to the Club; advising that he checked with the Building Inspection Department and the $100 permit fee is required under section 9.6.1 of the Building By- Law; and expressing the opinion that the City has no authority to waive any provision of the City's Building By-Law, nor does the City have the authority to use its general authority in giving grants-in-aid for purposes of relieving a person from the full requirements of the City's By-Law; and concluding that, as there is a general principle of municipal law that permit fees with respect to building permits are levied for the work involved and their imposition is not for the purpose of raising general revenue, it would be inappropriate, and the City's authority could be seriously questioned, if grants-in-aid are used in instances like this case. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above report from the City Solicitor be received and filed and the St. Martins & District Lions Club be so informed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, (a) a parcel of land fronting on Chesley Drive, Hilyard Street and Edward Street, being NBGIC Numbers 369074 and part of 373613,368878,368860, 380329,368852,55084313 and 368845, from Medium Density Residential to High Density Residential classification; and (b) the following parcels of land: 354 Main Street (NBGIC Number 370445),24-26 Douglas Avenue (NBGIC Number 368894),28 Douglas Avenue (NBGIC Number 368886), 36 Douglas Avenue (part of NBGIC Number 368878), 50 Douglas Avenue (part of NBGIC Number 368860), 56 Douglas Avenue (part of NBGIC Number 380329),60 Douglas Avenue (part of NBGIC Numbers 368852 and 55084313),80 Douglas Avenue (part of NBGIC Number 368845), and Chesley Drive and Main Street (NBGIC Numbers 55085708, 55085724 and part of 373613), from Medium Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried with Councillors Flewwelling and Gould voting "nay". On motion of Councillor Knibb 83-524 COMMON COUNCIL MAY 4,1992 Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-271 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the following parcels of land: 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 Numbers 368852 and 55084313),80 Douglas Avenue (NBGIC Number 368845), and Main Street (parts of NBGIC Numbers 55085708,55085724 and 373613), which are at present zoned "RM-1" Three-Storey Multiple Residential, to "ID" Integrated Development classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to conditions setting out the proposal as follows:- (a) the existing buildings, located at 60 and 80 Douglas Avenue, shall be connected by new construction and converted to a 35-room inn with a 70-seat restaurant, with vehicular access from Douglas Avenue, on condition that (i) a surface parking lot, located to the rear of the building, shall be provided for a minimum of 58 vehicles or such greater amount as required by the B-2 standards in Section 850 of the Zoning By-Law; (ii) all exterior changes to the building and all site development to be undertaken shall be in accordance with detailed plans and elevation drawings approved by the Development Officer and, without limiting the generality of the foregoing, the required plans and elevations shall include details on the following items: extent and location of verandas, type and location of windows, entry/door type and location, roof type and materials, including cupola, exterior building materials, all colours, paved driveway and parking areas, landscaped areas including plant materials, signs; (b) the existing buildings located at 24-26,28, 36 and 56 Douglas Avenue (except for rear wings) shall be retained and a new building similar in size to 56 Douglas Avenue shall be constructed to replace the existing building at 50 Douglas Avenue, and the use of these buildings shall be converted to a combination of hotel suites operated in conjunction with the inn (60-80 Douglas Avenue), apartments and offices, on condition that: (i) a surface parking lot, located to the rear of the buildings, with access from Douglas Avenue, shall be provided for a minimum of 15 vehicles or greater amount as required by the B-2 standards in Section 850 of the Zoning By-Law; and (ii) all exterior changes to the existing buildings, all new construction and all site improvements shall be in accordance with detailed plans and elevation drawings approved by the Development Officer and, without limiting the generality of the foregoing, the required plans and elevations shall include details outlined in part (3)(a)(ii) of this recommendation; (c) the existing buildings located at 354 Main Street (except for rear wing) shall be retained for office uses, subject to the following conditions: (i) all exterior changes to the building and all site improvements shall be in accordance with detailed plans and elevation drawings approved by the Development Officer and, without limiting the generality of the foregoing, the required plans and elevations shall include details outlined in part (3)(a)(ii) of this recommendation; and (ii) any existing required parking spaces displaced by the development of landscaped areas shall be provided elsewhere on the site; (d) an office building, with or without general commercial uses on the ground floor, shall be constructed on Chesley Drive in the general location indicted on the applicant's proposed development plan, subject to the following conditions: (i) the building shall initially contain a maximum gross floor area of 49,000 83-525 COMMON COUNCIL MAY 4,1992 square feet subject to the conditions of part (3)(d)(iii) below. A second stage, containing up to an additional 49,000 square feet shall be permitted only if approved by Common Council as a statutory amendment (ii) parking facilities shall be provided with sufficient capacity to accommodate parking for the development calculated on the basis of B-2 standards in Section 850 of the Zoning By-law; and (iii) detailed plans, illustrating the exact location of the building and vehicular access, height, elevation views and exterior materials, shall be submitted for approval by Council as a statutory amendment. The design guidelines as recommended by the Preservation Review Board will be used to evaluate the detailed plans. (e) a 162-unit condominium apartment building, with or without local commercial uses on the ground floor, shall be located on Chesley Drive in the general location indicated on the applicant's proposed development plan, subject to the following conditions: (i) commercial uses shall be restricted to those permitted in the "RM-2" or "B-1" zone and shall be limited to not more than 6% of the gross floor area of the building; (ii) parking facilities shall be provided with sufficient capacity to accommodate parking for the development calculated on the basis of RM-2 standards in Section 850 of the Zoning By-Law; and (iii) detailed plans, illustrating the exact location of the building and vehicular access, height, elevation views and exterior materials, shall be submitted for approval by Council as a statutory amendment. The design guidelines as recommended by the Preservation Review Board will be used to evaluate the detailed plans. (f) the area of the subject site extending from the corner of Hilyard Street and Chesley Drive to the rear of 186 Douglas Avenue shall be developed with a variety of multiple residential buildings containing an overall maximum of 276 dwelling units, subject to the following conditions: (i) access to the development shall be via an extension of Hilyard Street parallel to the existing railway right-of-way, constructed at the applicant's expense, and this extension of Hilyard Street shall not be connected with Alexandra Street; (ii) no more than 120 dwelling units shall be constructed on this portion of the subject site until such time as an additional access to Chesley Drive is provided, and there shall be no vehicular access to this portion of the subject site from Alexandra Street or Douglas Avenue; (iii) parking facilities shall be provided with sufficient capacity to accommodate parking for the development calculated on the basis of RM-2 standards in Section 850 of the Zoning By-Law; (iv) the height and massing of all buildings shall provide for minimum obstruction of the views from properties located on Douglas Avenue; and (v) detailed plans, illustrating the exact location of buildings and vehicular access, site development, height, elevation views and exterior materials, shall be submitted for approval of Council as a statutory amendment or amendments. The design guidelines as recommended by the Preservation Review Board will be used to evaluate the detailed plans. (g) as interim uses of the site, the following uses shall be permitted: (i) a sign for the purposes of identifying the development, having a maximum area of 120 square feet, oriented toward Chesley Drive and the Harbour Bridge, shall be permitted to be located on the hillside to the rear of 60-80 Douglas Avenue on condition that: 83-526 COMMON COUNCIL MAY 4,1992 - the sign shall not be visible from Douglas Avenue; - the sign shall be removed when Phase 3 of the development, as set out in the applicant's proposal, is substantially completed; (ii) other construction signs shall be permitted on the site subject to compliance with the requirements of Section 840(6) of the Zoning By-Law; (iii) the site of the proposed 162-unit condominium building may be developed and used as a surface parking area upon issuance of a building permit for the office commercial building, subject to the approval of the Development Officer of a detailed site plan illustrating the proposed parking lot improvements to City standards; (iv) the site of the proposed 60-unit condominium building at the intersection of Chesley Drive and Hilyard Street may be developed and used as a surface parking area upon issuance of a building permit for the proposed 162-unit condominium building, subject to the approval of the Development Officer of a detailed site plan illustrating the proposed parking lot improvements to City standards; (h) the subject site shall be consolidated into one parcel and registered in the same name and interest within six months of adoption of this resolution, and may not be subsequently re-subdivided except as follows:- Parcel 1 : The site of the urban inn and restored buildings on Douglas Avenue, being Phase 1 of the proposal, may constitute a separate parcel. Parcel 2: The site of the deBury House and office commercial building, being Phase 2 of the proposal, may constitute a separate parcel. Parcel 3: The site of the 162-unit condominium building, being Phase 3 of the proposal, may constitute a separate parcel. Parcel 4: The remainder of the site, extending from the corner of Hilyard Street and Chesley Drive to the rear of 186 Douglas Avenue, being Phase 4 of the proposal, may constitute a separate parcel, or each building approved pursuant to subsection (f) may be on a separate parcel when fronting on the developed portion of Hilyard Street. (i) Phase 1 of this proposal, being the urban inn and the restoration of buildings on Douglas Avenue, shall be undertaken prior to commencement of any subsequent phase of the proposal. Subsequent phases shall not be undertaken until such time as the Development Officer deems that the work required for each building in Phase 1 is at least 50 per cent complete. (4) the existing approved proposal and conditions adopted pursuant to Section 39 of the Community Planning Act on July 3, 1973, for the portion of the subject property which is already zoned "ID" Integrated Development, be replaced with the resolution in part (3) of this recommendation at the same time as the third reading and adoption of that resolution. The by-law entitled, "By-Law Number C.P. 100-271 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. 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 the by-law entitled, "By-Law Number C.P. 100-272 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 772 Millidge Avenue (NBGIC Number 55002265), from "R-1A" One-Family Residential to "R-2" One- and Two-Family Residential classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-272 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. 83-527 COMMON COUNCIL MAY 4,1992 Question being taken, the motion was carried. (Councillor Landers re-entered the meeting.) Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on April 13, 1992, 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 recommendation, namely:- 1. That as recommended by the Nominating Committee, Carl White be appointed to the Recreation and Parks Advisory Board. April 27, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report be received and filed and the recommendation therein 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 Tuesday, April 21, 1992, 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 recommendation, namely:- 1. That as recommended by the City Manager, the submitted schedule of rates, fees and charges for Rockwood Park be approved for 1992. April 27, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the above report be received and filed and the recommendation therein be adopted. Councillor Knibb expressed concern that it appears that students 18 years and under are now being forced out of the 1991 designation of $135 to the $250 category in 1992 in that, under the Seasonal Green Fee Ticket section, students 25 years or under with student card are referred to at a rate of $250, and asked if that section should refer to students between 18 and 25 years. Mr. Morrison clarified that 83-528 COMMON COUNCIL MAY 4,1992 the $250 Student category refers to persons who are continuing their education in university, community college or whatever, while the $150 category is for students under 18 years. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. Read report of the Committee of the Whole report (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 April 27, 1992, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Rogers, A Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the Common Council of the City of Saint John grant permission for the issuance of a liquor license for the operation of two licensed events at Pugsley Park on May 23 - 24, 1992, for swimmers, officials and invited guests only in conjunction with the 1992 Masters National Swimming Championships. 2. That as recommended by the Major Tournament Committee, (1) Common Council provide a preliminary approval of a guarantee of up to $20,000 against the sale of tickets to host an exhibition soccer match between Canada and USA, on one of two dates, August 20, 1992 or September 3, 1992; and (2) Mr. Derek Wisdom, Executive Director of Soccer New Brunswick, be requested to meet with the Major Tournament Committee within two to three weeks and present a more complete plan which includes a detailed budget, organizational details, and a marketing scheme. 3. That as recommended by the City Manager, the land on the southeastern corner of Sewell and Station Streets, known as NBGIC Number 38430, be acquired from Irving Oil Limited, such land required for the upgrading of Station Street to four lanes, under the following terms: (1) the purchase price to be $22,000; (2) a deposit of 7% or $1,540 to be paid on approval of the sale by Common Council; and (3) the deed to contain a covenant that the land will not be used for the sale of petroleum products, or for the operation of a convenience store or service bay. 4. That as recommended by the City Manager, the City terminate its lease with Diana's Restaurant for space in the City Market building and the space be advertised for rent, and that City staff be directed to take whatever action necessary to recover outstanding rent owed. 5. That as recommended by the City Manager, Common Council amend the Supply and Services Establishment by decreasing Encoding Clerk, Inventory Control Clerk and Maintenance Clerk from one (1) to zero (0) positions each, and introducing three (3) Service Clerk positions. 6. That as recommended by the City Manager, the City-owned land on Ludlow Street, known as NBGIC Number 363192 and 363176, excluding the triangular portion required for road improvements, be declared surplus and be added to the list of properties available for sale, with a condition of sale being that the adjacent lot owned by Irving Oil is purchased. May 4, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan 83-529 COMMON COUNCIL MAY 4,1992 RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillors Fitzpatrick and Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan 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 Councillor Flewwelling voting "nay". On motion of Councillor Fitzpatrick 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 Knibb Seconded by Councillor Coughlan RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision plan with respect to the "Future Street" which is intended as a potential extension to Ian Street in the proposed subdivision at 927 Grandview Avenue; and (2) the subdivision plan contain the following notation: "No subdivision or development of Parcels 92-1 and 92-2 will be permitted until municipal services, utilities and street construction are carried out to the satisfaction of the City.". Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the 83-530 COMMON COUNCIL MAY 4,1992 Planning Advisory Committee, Council assent to the subdivision plan (photo reduction submitted) with respect to the 244 square metre (2,626 square foot) widening of McAllister Drive. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Loch Lomond Water Protection Association requesting that, as the Federal Minister of Transport stated that Transport Canada has now decided not to proceed with the Airport Industrial Park at the Saint John Airport, Common Council consider negotiating with the Federal Government for the repurchase of the land, as this purchase would protect a major portion of the City water supply as well as the local water supply and recreational waters -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. Councillor Knibb proposed a motion, which was not seconded, to decline the request of The Rippin' Regionals Relay Team for a waiver of the Lily Lake Pavilion fee and a grant to hire a supervisor. The Mayor asked if Council wished to table the request until consideration is given to the City Manager's report (which is on the Committee of the Whole agenda of this date) concerning the waiver of fees for the use of the Lily Lake Pavilion. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that the letter from the Team Captain of The Rippin' Regionals Relay Team asking permission to use the Lily Lake Pavilion on the afternoon of either May 31 or June 7, and a grant of $650 to hire a supervisor to ensure that all aspects of the safety code are met, for a fund-raising event for the Labatt's Lite 24-Hour Relay -- be laid on the table pending consideration in Committee of the Whole later this date of the City Manager's report concerning the waiver of fees for the use of the Lily Lake Pavilion. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letters from (a) Jason Wheaton and (b) Shelley Whitters regarding the City's policies with respect to the cleaning of streets and the towing of vehicles -- be referred to the City Manager and the Saint John Parking Commission. (Councillor M. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Lorneville Ratepayers Association noting that it has been twelve years since the main road has received a resurfacing, and that the bottom section of the Jacks Road is in need of repair, and asking to be advised concerning this request for improvements -- 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 Coughlan 83-531 COMMON COUNCIL MAY 4,1992 RESOLVED that the letter from Uptown Saint John Inc. advising that assistance may be available through the Canada/New Brunswick Cooperation Agreement on Urban Economic Development to assist in implementing the Uptown Strategy process, and explaining why it wishes to apply for assistance of up to $25,000 toward the completion of the Strategy; and requesting that the Mayor and Council endorse this request by signing the submitted application -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from the Co- Chairman of the Host Committee of the 1992 Miller Slo Pitch National Co-Ed Rec Championship requesting a waiver of fees for the use of arenas and fields for the Tournament, to be held on July 29 to August 3, and referring Council to various City staff persons, with whom the various requirements have been discussed, for more details -- be referred to the Major Tournament Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. David R. Bowen, Chairman of the River Road Concerned Citizens Committee, advising of his receipt from the Crown Lands Branch of the Department of Natural Resources, copies of correspondence regarding an application by Moosehead Breweries Ltd./Brookville Manufacturing Co. to have the Crown Reserve Road between Grants 30 and 31 in Acamac/Ketepec discontinued and given to that Company; also advising that the residents were extremely upset to find, among the correspondence, some from the Legal Department of the City of Saint John in which it is indicated that the City at this time does not object to the discontinuance; and urging Council to study the submitted copies of letters of opposition received by the Crown Lands Branch and the petition voicing opposition to the discontinuance and, based on same, to contact the Crown Lands Branch to advise that the City's recommendation was premature, and that the decision of Council is to have the lands retained in the ownership of the Crown, and developed for recreational purposes for the good of residential property owners -- be referred to the City Manager for a report to Council. The Mayor advised that the Road in question is a Provincially-owned road. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Rod Crowther of Re/Max Professionals (1989) Ltd. advising that he has been informed that his application for a Municipal Plan amendment and re-zoning of the former 1880 Club at 134 Sydney Street cannot go to Council for a public presentation until June 8; and asking, because of the time elements involved, that Council consider the application for public presentation at the May 19 Council meeting -- be received and the request for a May 19 public presentation be granted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan 83-532 COMMON COUNCIL MAY 4,1992 RESOLVED that the letter from the Martinon Citizens Group submitting a brief presentation it would like to make at open session of Council concerning a problem of gasoline pollution in their well water; expressing the understanding that the City of Saint John has issued a permit for the installation of new underground storage tanks for the holding and dispensing of gasoline at the River Road Co-Op site in Martinon, and requesting Council to rescind that permit until such time as the existing pollution is cleaned up and assurances can be given to the residents that their water supply is in no further danger -- be received and The Honourable Jane Barry, Minister of the Environment, be asked for a report in this regard. The Mayor advised that The Honourable Jane Barry has informed her that the Province has stepped up the removal of the tanks one year ahead and that remedial plans must be presented to her within a seventy-five day period, and suggested that the Minister be asked to give Council a full written report with regard to the above matter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter and petition from the residents of Lakewood and Lakewood Heights expressing concern about what they consider to be a serious health problem that exists at the Little River Reservoir in that, while the area has been used as a favourite beach area and was one of the Canada Games facilities, it has never been properly outfitted; stating that they cannot understand why the only public beach in Saint John East is not properly serviced, facilitated and maintained; and asking that a delegate or committee be sent out to look at the Reservoir to see the situation that exists -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Gary J. McKendrick advising of a situation that exists in East Saint John which he considers to be very dangerous in that the residents of Morland Mobile Home Park must flirt with disaster trying to exit from Marlborough Avenue onto Rothesay Avenue; and suggesting that a set of lights located as indicated on the submitted drawing would allow for a safe exit onto one of Saint John's busiest roads -- be referred to the Traffic Department for a report to Council. Councillor A Vincent noted his August 6, 1991 request for a report on the above matter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Gerry Holden and B. Lynn McDonald for the re-zoning of 860 Dever 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 June 22, 1992. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that the application of Mr. 83-533 COMMON COUNCIL MAY 4,1992 Wayne Polley for the re-zoning of 159 Metcalf 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 June 22, 1992. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the application of Lagace Trucking Co. Ltd. for the re-zoning of 1619-1631 Old Black River 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 June 22, 1992. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that the letter from Mr. Richard W. Steeves, a representative of the private taxi owners, requesting, on behalf of the taxi owners and private owners, to make a proposal for a freeze on taxi cabs in the City, and advising that they would also like to have a medallion system -- be referred to the City Manager and the Taxi Inspector for a report to Council. Councillor M. Vincent asked if it would be staff's intent to meet with the author of the above letter to which the Mayor responded in the affirmative. Question being taken, the motion was carried. (Councillor Rogers withdrew from the meeting due to a possible conflict of interest.) Consideration was given to a letter from the New Brunswick Mental Health Nurses Group submitting information and documentation concerning dramatic funding cuts to the Mental Health Commission of New Brunswick which translates to fewer resources and services to the mentally ill in this community; expressing concern about the quality of care available to the community; and asking Common Council to advocate for the citizens who require a range of psychiatric services and support. The Mayor advised that representation was made to her office a few weeks ago by Jennifer Stevens-Ross and others involved in the Mental Health Commission and the program that is now in place at which time she suggested that, more than likely, Council would be requesting them to meet with Council to update Council on what is occurring in this area, and she suggested that arrangements should be made for them to address Council at the next appropriate meeting of Council regarding the above matter. (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that arrangements be made for representatives of the Mental Health Commission of New Brunswick and the New Brunswick Mental Health Nurses Group to address Council and that the Mental Health Commission and/or the Department of Health be advised of Council's receipt of the above information and ask them for an explanation on the effects of the program on the community. Question being taken, the motion was carried. 83-534 COMMON COUNCIL MAY 4,1992 (Councillors Rogers and Fitzpatrick re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the letter from Uptown Saint John Inc. requesting permission for Mr. Stephen Hutchison, First Vice President, to appear before Common Council at this meeting to further address the proposed Municipal Plan amendment and re-zoning for Deans Hill -- 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