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1993-03-01_Minutes 83-968 COMMON COUNCIL MARCH 1, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of March AD. 1993, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Knibb, Landers, McAlary, Rogers, Trites and A Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; T. Totten, Commissioner of Management Services; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; P. Woods, Commissioner of Finance; W. D. Todd, Director of Housing and Property Management; M. Jamer, Director of Works; J. Baird, Manager - Development Division; J. Griffin, Traffic Engineer; J. Adam, Manager - Data Processing; R. Johnston, Deputy Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Philip Ward, Pastor of St. Luke's Anglican Church, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that minutes of the meeting of Common Council, held on February 22, 1993, be approved. Question being taken, the motion was carried. The Mayor extended a message of sympathy to the family of the late Mr. F. Dennis Boyle, who passed away on February 27; and extended condolences to Monsignor George Martin, former head of St. Thomas University in Fredericton, whose sister, Molly, passed away recently. The Mayor proclaimed March 1 to 7 to be Social Work Week; and March to be Epilepsy Awareness Month, and Red Cross Month in the City of Saint John; and Sylvia Borsic, Executive Director of Epilepsy New Brunswick, addressed Council concerning the efforts of Epilepsy Canada and its fifty-six Provincial affiliates to promote ongoing research about epilepsy; and Mr. Gordon Dalzell of the Saint John Chapter of the N.B. Association of Social Workers commented on the social work profession. The Mayor noted her February 27 conversation, from Shawn O'Shaughnessy's residence on Douglas Avenue by Ham Radio, with the Canadian peacekeeping troops in Bosnia, and advised that The Honourable Gerald Merrithew, Saint John's M.P., also spoke with troops from his farm when he returned to the City from Ottawa. The Mayor expressed condolences to the family of the late Mr. Samuel T. MacKenzie, a retired lieutenant from the Saint John Fire Department, who passed away on February 23, 1993. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to (a) re-zone a parcel of land at 730 Wilson Street (NBGIC Number 35436), located at the intersection of Wilson and O'Brien Streets, from "1-3" Light Industrial Park to "1-1" Light Industrial classification and (b) add a new subsection to Section 620(2)(c) to read: "notwithstanding (i) or (d) a beverage room, club or lounge may be located at 730 Wilson Street (NBGIC #35436).", to permit the establishment of a billiard parlour which will be licensed as a beverage room and/or lounge under the Liquor Control Act, as requested by 039105 N.B. Limited, and that no written objections were received in this regard, with 83-969 COMMON COUNCIL MARCH 1, 1993 a copy of a letter having been received from Baxter Foods Limited to the Planning Advisory Committee withdrawing its letter of concern dated February 10, 1993. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and copies of correspondence in favour, expressing concern, an in opposition to the proposal, which were considered at the Committee's February 23 meeting at which the applicant expressed agreement with the recommendation, and several residents attended in opposition to the proposal expressing concerns with regard to the nature of the proposed use, traffic, parking and the lack of a sidewalk on O'Brien Street; also submitting a copy of the Committee's letter to Traffic Engineer John Griffin requesting him to investigate the possibility of installing a sidewalk on O'Brien Street; advising that, after considering the written and oral submissions, the Committee adopted the recommendation of the Planning Department; and recommending that: (1) Common Council amend the City of Saint John Zoning By-Law be re-zoning a parcel of land located at the intersection of Wilson Street and O'Brien Street, having civic number 730 Wilson Street and NBGIC Number 35436, from "1-3" Light Industrial Park to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions:-(a) the use of the property shall be limited to the applicant's proposal for a high-quality billiard parlour/lounge with a maximum of 20 billiard tables and seating for a maximum of 80 persons, and occupying no more than 6500 square feet of the building, and the use of the remaining floor area of the building shall be limited to office and retail/service commercial uses; (b) the billiard parlour/lounge shall be restricted to persons aged 19 and over, unless accompanied by a parent or guardian; (c) the hours of operation of the billiard parlour/lounge shall be limited to a closing time not later than 12:00 midnight from Sunday to Thursday, and not later than 1 :00 a.m. the next day on Friday and Saturday; (d) there shall be no live musical entertainment or dancing facilities provided; (e) there shall be no outdoor activities of any kind, other than parking of vehicles; (f) a commercial grade chain-link fence having a minimum height of 6 feet and a maximum height of 8 feet shall be constructed along the lot line separating the property from the adjoining lot at 15 O'Brien Street; the fence shall be maintained in good condition to prevent unauthorized access from the subject property to the adjoining lot; and the balance of the existing yard area abutting the adjoining lot shall be maintained in its existing natural state; and (g) all improvements to the property with regard to landscaping, parking, signs and other site features, including those required in (f) above, shall be illustrated on a site plan approved by the Development Officer and completed by September 30,1993; and (2) Common Council amend the City of Saint John Zoning By-Law by adding a new subsection 620(2)(c)(v) to read as follows: "(v) notwithstanding (i) or (d) a beverage room, club or lounge may be located at 730 Wilson Street (NBGIC #35436)". Mr. William H. D. Clark of 15 O'Brien Street appeared in opposition to the above-proposed amendment on the basis that, while he is not opposed to a billiard parlour in that the applicant's other establishments are well-run and clean, he is protected as a property owner under section 620(2) of the Zoning By-Law with respect to the proximity of a beverage room, lounge, or a liquor store; a possible decrease in property value should a billiard parlour locate next to his property; and, should the billiard parlour usage change, the possibility of the property being used in the future for a bar; and, with respect to the Planning Advisory Committee's recommended Section 39 condition for the construction of a chain-link fence, advised that he spoke to the applicant who agreed that a solid wooden fence similar to that between the Bowlarama on Lancaster Avenue and the adjacent property could be constructed. Mr. Clark expressed concern about the lack of a sidewalk on O'Brien and Wilson Streets in view of the number of children in the area and the applicant's indication to the Planning Advisory Committee that much of the business to the proposed billiard parlour would be through foot traffic, and suggested that the sidewalk should be continued from the Legion property up to O'Brien Street because of increased vehicular and pedestrian traffic over the last four years. During discussion Mr. Clark clarified that, while his main objection is to the liquor component of the proposal although the Legion and a liquor store are located across the street from his property, he would like some restrictions on the time and on future use, and that what concerns him is the age of the people who can access the establishment in that, where it is a billiard parlour and a drinking establishment, persons under 19 years of age are allowed access if accompanied by a person aged 19 years, whereupon it was noted that a person under the age of 19 years must be accompanied 83-970 COMMON COUNCIL MARCH 1, 1993 by a parent or guardian; and he also clarified that he is requesting the construction of a wooden fence, as well as the construction of sidewalks on O'Brien and Wilson Streets. Mr. Gerry Lowe, the applicant, appeared in support of his application; advised that the billiard parlour and lounge will employ five persons, three on a full-time and two on a part-time basis; and commented on the size of the proposed establishment and its components, estimated to cost approximately $300,000. Mr. Lowe also commented on his two other billiard parlour operations in the City, as well as the inclusion in the above correspondence from the Planning Advisory Committee of a copy of a letter to him from Chief of Police David J. Sherwood confirming that neither South Market Billiards nor Rothesay Avenue Billiards has been charged with a criminal offence or for a violation of the Liquor Control Act; and also advised his intent to provide for and attempt to enforce a non-smoking area of four tables. During discussion Mr. Lowe expressed the understanding that Mr. Clark wants a wooden fence constructed between the two properties, with which he has no problem; however, a wire fence as agreed to with the Planning Department would be constructed across the other 200 feet at the back of the building; advised that he assumes, from those working in the area concerned, that business to the proposed billiard parlour would mostly be drive-in in that most of the business begins at quarter to seven and is over on a week night by twenty after ten, and on weekends, Friday and Saturday, the late hour would move to an hour and a half later to eleven thirty and he does not anticipate a busy dinner hour at the proposed location on the West Side, and that, while both his operations are open until two o'clock, he has agreed to move his closing time nearer to twelve on weekdays and one o'clock on weekends; and he circulated photographs of his establishment at 541 Rothesay Avenue; and Mr. Griffin advised that the construction of a sidewalk in the subject area is being considered at the present time for possible inclusion in the 1993 Capital Budget. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 730 Wilson Street (NBGIC Number 35436), located at the intersection of Wilson and O'Brien Streets, from "1-3" Light Industrial Park to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee; and (b) adding a new subsection to Section 620(2)(c) to read: "(v) notwithstanding (i) or (d) a beverage room, club or lounge may be located at 730 Wilson Street (NBGIC Number #35436).", be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 730 Wilson Street (NBGIC Number 35436), located at the intersection of Wilson and O'Brien Streets, from "1-3" Light Industrial Park to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee; and (b) adding a new subsection to Section 620(2)(c) to read: "(v) notwithstanding (i) or (d) a beverage room, club or lounge may be located at 730 Wilson Street (NBGIC Number #35436).", be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 83-971 COMMON COUNCIL MARCH 1, 1993 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the correspondence regarding the above proposed amendment be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property located at 134 Sydney Street (NBGIC Number 5371), known at the time as the 1880 Club, to permit the re-zoning of the property to a "B-2" General Business Zone and the re-use of the existing building for business/professional offices and a dwelling unit, as requested by R. E. Darling Ltd. The Common Clerk advised that the necessary advertising was completed with respect to a proposed Street Closing By-Law amendment to close a portion of Carleton Street, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed street closing. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping And Closing Of Highways In The City Of Saint John", with respect to a portion of Carleton Street, be read a first time. Mr. Todd, in response to Councillor A. Vincent, advised that the portion of Carleton Street in question is to the north of the YM-YWCA property and is undeveloped, with part going down over the so-called escarpment. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting The Stopping And Closing Of Highways In The City Of Saint John", with respect to a portion of Carleton Street, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping And Closing Of Highways In The City Of Saint John". The Mayor presented to Mr. John Adam a plaque received from Roseau, Commonwealth of Dominica, in appreciation of the City of Saint John's assistance, through the FCM Municipal Exchange Program. The Common Clerk advised that the necessary advertising was completed with respect to a proposed Street Closing By-Law amendment to close a portion of Kennedy Street, and that nineteen letters and a petition containing 163 signatures in objection to the proposed Street Closing were received. Mr. Douglas Hickman of 81 Kennedy Street appeared in opposition to the proposed Street closing for the following reasons:- (1) the effect on the streetscape, which is already untidy with sheds, floats, boats and other paraphernalia which the residents would like cleaned up; (2) this is the last usable piece of public property in the North End that has access to a sheltered cove on navigable waters above the Reversing Falls that would be suitable for a public boat launch ramp; (3) in the event of an emergency between Reversing Falls and Boars Head, rescue crafts would have to come from Millidge Avenue which is not even in the Saint John Harbour limit; (4) as a boater, 58 feet of waterfront property in a sheltered cove on navigable waters is certainly worth 83-972 COMMON COUNCIL MARCH 1, 1993 more than $100 a year for 5 years and, with the cost associated with boat and yacht clubs, public access to water now and in the future, is a price list commodity to a community or a municipality. In response to the Mayor, Deputy Chief Johnston confirmed that the Fire Department has a concern about the proposal because the area in question provides the only launching ramp above the Reversing Falls, and especially at this time of year when the ice is in the River down to approximately Boars Head, the subject area is the only one that can be accessed above the Falls and, while it is not the best launching ramp, the Department has used it in the past, and also that the Department does not use the ramp that much because normally it launches in Millidgeville or Chesley Drive. Deputy Mayor McAlary asked if it has been possible to launch boats from the subject area in the past year or so, to which Mr. Hickman replied that it is difficult to do so because Mr. Carpenter has his sheds and floats there and people who go down to use them park on the public street, rather than on Mr. Carpenter's property. Mr. Philip Huggard of 33 Kennedy Street expressed objection to the proposed closing of a portion of the Street; concurred with Mr. Hickman's above comments; and noted his letter to the Planning Advisory Committee. Mr. Huggard expressed the opinion that in negotiation there should be a win-win situation and that, in this case, he sees no win for the Kennedy Street nor North End residents, but a win perhaps for one business person; therefore, it is not really a proper fair negotiation. Mr. James A. Hull of 29 Waterview Heights appeared on behalf of the Saint John Power Boat Club as its Commodore in opposition to the proposed Street closing on the basis that, if the Street were closed, it would eliminate a public launch area for the general public and put pressure on the Saint John Power Club, which is a private Club, the latter with respect to non-members putting their trailers down the Club's rail car destroying the rail car requiring the Club to engage divers to replace or re-gravel the track making it expensive to the Club. Mr. Hill re-iterated the concern expressed with respect to the restriction on emergency and/'or rescue vehicles should the portion of Kennedy Street be closed; and advised that the fact that the Saint John Power Boat Club will be putting up extensive security fencing, combined with the proposed exchange of land, will definitely restrict Fire vehicles in gaining access to the water. Mrs. Joan Hickman of 48 Kennedy Street expressed opposition to the proposed Street closing; suggested that, as there must have been an agreement with property owners when the sewer was installed nearly one hundred years ago, closing the foot of Kennedy Street and leasing the land to the applicant would breach former agreements with property owners; and expressed the opinion that property values will decrease if the foot of Kennedy Street is closed, and income generated from many of the properties will also decline in the long-term. Mrs. Hickman proposed that the area of Kennedy Street should be developed for use by the general public, and expressed the view that it is not for lack of interest that nobody uses the foot of Kennedy Street but rather that the end of the Street is so congested that it is nearly impossible to get a trailer to the water's edge as the applicant has essentially taken control of the foot of Kennedy Street as his float is almost in the centre of the lower edge of the Street with a 45-foot boat tied to the float, and there is fill across the foot of the Street next to the water's edge. Mrs. Hickman asked that, rather than accepting the applicant's proposal, the City consider using the land for the benefit of many residents from the North End and other areas of Saint John through the establishment of a recreational slip similar to the one on Millidge Avenue thereby providing easy access to the River by residents and, more importantly, entrance to the lower part of the River for emergency vehicles; suggested that the applicant has ample land on the right side of Kennedy Street to establish his boat repair shed and haul-out ramp, and that leasing him the foot of Kennedy Street and closing the Street is not considered to be in the best interests of the citizens; and referenced the applicant's previous proposal which required a re-zoning of the property and one on which the applicant has made no progress in establishing a boat repair shed on the property. During discussion Mr. Bedford explained the June 10 1992 enactment of a Municipal Plan amendment and re-zoning of Mr. Carpenter's property with a series of conditions, one of the conditions relating to the redevelopment of the site and subsequent removal of existing buildings, staff has been working with Mr. Carpenter to, in fact, move that process forward; and that, as Mr. Carpenter subsequently decided that he wanted to consider a change to his development proposal which included 83-973 COMMON COUNCIL MARCH 1, 1993 development on Parcel "A" for which he would give the City lands which are indicated on the plan as "B", from a staff perspective and in order to move the development forward, staff negotiated a land exchange with is the subject of Common Council resolution of January 18, 1993, the intention being that, if the portion of Kennedy Street in question were closed which would in fact remove public access to the water at that point, public access could be given on lands marked as "B" on the plan. With respect to the issue of the easement which was broached by Mrs. Hickman, Mr. Bedford advised that City staff has not been able to find a record of the sewer easement which is marked on the submitted plan and, as part of the negotiations, an easement would be provided to the City for that sewer; and that, while there has been a history of concerns with the bottom of Kennedy Street and Mr. Carpenter has not been able to totally meet the City's conditions because of ongoing negotiations, the land exchange proposed is an attempt to resolve those problems and, if the Street is closed, the time limits that are in the Planning Advisory Committee conditions approved by Council would then fall into play thereby providing for a year time limit for development to occur. Mr. Robert Jackson of Quispamsis appeared in opposition to the proposed Street closing as part-owner of an apartment building at 58 Kennedy Street and representing two of his in-laws who own adjoining property at 52 and 42 Kennedy Street; and, having noted efforts to refurbish the North End, made the observation that, although last year Council approved a zoning plan for Mr. Carpenter to develop his property based on a list of conditions, such as cleaning up the street, creating a landscape buffer, moving buildings and installing fences, to date to the best of his knowledge the only thing that has been accomplished at this site is the accumulation of more rubble and the appearance of more temporary buildings. Mr. Jackson also noted that the City accesses to the water are disappearing, and asked Council to stop the closure of Kennedy Street. Mr. Ralph Carpenter of 1731 Manawagonish Road addressed Council in support of the proposed closing of a portion of Kennedy Street; and advised that there is no debris in the subject area and that he cannot do any major work in that area until he gets Council's approval. Mr. Carpenter suggested that, if the proposed Street closing is approved, there would be no end to the situation, and proposed that he give the City the easement and the City give him the land in a straight deal and he, personally, would put a boat ramp in. During discussion Mr. Carpenter explained the location of the parcel of land on which he would put a ramp for public use, as well as areas that would require dredging in order to accommodate a ramp; and clarified that, while he agreed to the proposal outlined in Common Council resolution of January 18, 1993, he did so in order to get to Council. The Mayor cited the subject Council resolution and asked if Mr. Carpenter was in agreement with it, to which Mr. Carpenter expressed concern about the term relevant to cancellation of the lease by either party on one calendar month's notice; and Mr. Bedford, in response to Councillor A. Vincent's query of a map referenced by Mr. Carpenter which was different from that submitted to Council, clarified the property exchange proposal by identifying the properties concerned, with the location of a proposed boat shed being Mr. Carpenter's proposal if all the process continues with approval at every step. The Mayor suggested that, had the map referenced by Mr. Carpenter been submitted to Council, it would have made the situation easier. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Kennedy Street, be read a first time. In response to Councillor Rogers, Mr. Todd advised that the issue of emergency access has arisen in the past two weeks or so and was not one dealt with in the agreement, although the City would have the right to cancel the license for Parcel "B" and not allow Mr. Carpenter to use the land if emergency access is an issue; however, if that is to be done at the outset, it will be necessary for staff to discuss the matter with Mr. Carpenter because that would change some of the factors that were discussed during negotiating the agreement. Mr. Todd also advised that the Coast Guard indicated earlier this date that it has never used the site in question, although it may wish to do so in the future, and that the Fire Department may also need future use 83-974 COMMON COUNCIL MARCH 1, 1993 of the site should circumstances dictate. Councillor Rogers suggested that, as there is a great deal of uncertainty around this particular project and because of what has happened, the matter should be tabled until the matter is resolved, and clarified that one of the main issues that has arisen relates the availability of the area to emergency vehicles, and the question of a one-month notice to terminate the lease. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried with Councillor Landers and McAlary voting "nay". Councillor Trites asked the duration of the tabling motion to which the Mayor suggested that the matter should be tabled for two weeks at which time the information required by Council relative to emergency access will be submitted, and Councillor A. Vincent asked also that the Legal Department check into the easement question. (Councillor Chase and A. Vincent withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting a letter from Mayor Evans Grell or Roseau, Commonwealth of Dominica, regarding the City of Saint John's assistance, through the FCM Municipal Exchange Program, to Roseau through the donation of a computer system and for the services of City staff, Mr. John Adam and Mrs. Cindy Calvin, for setting up the system and training the local staff; and recommending that this letter be received and filed and Cindy Calvin and John Adam be thanked for their dedication and service in this program -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting a letter from The Honourable Jane Barry, Minister of the Environment, regarding the amount of money allocated to the City of Saint John, based on a 50/50 cost-sharing formula, for the next phase of closure at the Spruce Lake landfill; and advising that she will be writing a letter expressing the City's thanks with regard to this financial arrangement -- be received and filed. (Councillors Chase and A. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction certificate, namely:- 1. Contract - PC000008449 Erb's Enterprises Ltd. Interior Renovations - East Works Depot Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved $43,900.00 46,392.00 Nil 39,807.00 83-975 COMMON COUNCIL MARCH 1, 1993 Sum recommended for payment, Progress Estimate Number 1, dated February 22, 1993 Holdback release. $ 6,585.00 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for the following construction progress certificate, namely:- 1. Contract - PC000008045 Choice Drywall Ltd. Renovations - Police Identification Section Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated February 22, 1993 Holdback release. $20,884.00 20,884.00 Nil 17,751.40 $ 3,132.60 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract - PC000008051 R. A. Woods Construction Ltd. Electrical Renovations - Lancaster Arena Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated February 22, 1993 Holdback release. $67,335.00 68,105.00 Nil 57,889.25 $10,215.75 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC000008398 Beattie Construction Services Ltd. Roof Construction - Fire Station #8 Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated February 23,1993 Holdback release. $47,958.00 49,216.10 Nil 41,516.40 $ 7,699.70 Question being taken, the motion was carried. 83-976 COMMON COUNCIL MARCH 1, 1993 On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 92-12, Victoria/Charlotte Streets Water and Sewer Renewal 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 February 15, 1993 Final holdback release $310,090.00 335,176.55 Nil 254,614.84 80,561.71 5,270.39 $ 80,561.71 2. Contract 92-10, Asphaltic Concrete Street ResurfacinQ - 1992 Grove Construction (1986) Inc. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated February 25, 1993 Partial holdback release. $728,812.40 676,086.04 8,440.00 570,150.98 97,495.06 6,378.18 $ 97,495.06 Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the report from the City Manager responding to concerns of St. Peter's Home and School Association, considered by Council on January 18, about safety of pedestrians crossing Lansdowne Avenue while vehicles turn left and right from Metcalf Street; advising that, as a result of Engineering and Police staff monitoring the intersection, some remedial action is to be taken, with modifications to be done immediately to the traffic signals so that pedestrians will get a walk indication before vehicles get a green light, which will enable the crossing guard to enter the crosswalk and be clearly visible before vehicles start, and signs will be erected as a reminder to motorists that they are required to yield to pedestrians when turning -- be received and filed and a copy be forwarded to St. Peter's Home and School Association. Question being taken, the motion was carried. Read a report from the City Manager advising that, further to Common Council resolution of January 25, 1993 authorizing the initiation of street closing procedures for Tenth to Fifteenth Streets in the Rifle Range which referred to a plan in File 23#96 in the Registry Office, Canada Mortgage and Housing Corporation has had a new plan prepared and filed in the Registry Office and has requested that the advertising for the closing refer to this new plan; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council resolution of January 25, 1993 authorizing the initiation of street closing procedures for Tenth to Fifteenth Streets in the Rifle Range, be amended by changing "Saint John Registry Office as File 23#93" to Saint John Registry Office, February 17, 1993 as number 3,000". 83-977 COMMON COUNCIL MARCH 1, 1993 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted agreement with the Provincial Department of Transportation with respect to payment by the Province of costs for maintenance of Provincially-designated highways, and efforts continue to have the Province provide a proper level of Capital funding. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager informing Council of the nature of the proposed amendments to the Zoning By- Law regarding mobile signs and updating the status of progress, further to the previous report to Council on August 17, 1992 -- be received and filed. Question being taken, the motion was carried. Read the 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 February 15, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That the following persons be appointed to the Greater Saint John Economic Development Commission:- Hugh Tidby, Bill Gale, Terry Bird (Paul Allingham - designate), Wally Turnbull, John Gardner and Walter Flewelling; NB Tel nominee, Harry S. Mercer; Irving Group nominee, Larry Armstrong; and the Board of Trade nominees, Harry Gaunce, David Barry, Herb Duncan and Richard Oland, with the Mayor and the City Manager to be ex officio members. March 1, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Coughlan Seconded by Councillor Knibb 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 February 22, 1993, when there were present Mayor Wayne and Councillors Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, and M. Vincent, and your Committee submits the following recommendations, namely:- 83-978 COMMON COUNCIL MARCH 1, 1993 1. That as recommended by the City Manager, the land formerly used as a walkway between Ocean Drive and Seaward Crescent be subdivided and sold for a proportionate share of the costs as follows:- (1) the portion with a width of 15 feet adjoining Lot 24 Block A be sold to Walter and Helen Joyce; (2) the portion to be determined in conjunction with the surveyor that includes the landscaped area adjoining Lot 25 Block B be sold to Gail Mcintyre; and (3) that portion lying between Lot 23 Block A and the landscaped area of Lot 25 Block B, as determined in conjunction with the surveyor, be sold to Kimberly Allen. 2. That as recommended by the City Manager, Garry Prosser and Edward Doyle be advised that the City is not prepared to proceed with the closing of a portion of Paisley Street as requested by them. 3. That as recommended by the City Manager, (1) street closing procedures be started to close the walkway lying between 140 and 150 Dexter Drive; (2) upon successful completion of the street closing, the walkway and 5 feet of the adjoining Lot 3 be sold to Carl and Cathy Blanchard under the following conditions; (2.1) the sale price to be $2,200, plus costs necessary to complete the street closing; (2.2) a 20-foot easement will be retained as shown on the submitted plan to permit access to the sewer line and will specify the City is not responsible for restoration of the surface if excavation is necessary; (2.3) all surveys, subdivisions and descriptions required are the responsibility of the purchaser and will result in the former walkway, the 5-foot portion of the City land and Mr. Blanchard's property being consolidated to form a new lot; and (2.4) the transfer of the property will take place within 30 days of the street closing; and (3) agreement to sell this land does not explicitly nor implicitly obligate the City to complete the closing of the walkway and the land will not be sold if the closing is not completed. 4. That as recommended by the City Manager the matter of enacting an Urban Renewal By-Law in connection with the acquisition of two lots on Munroe's Alley be referred to the Planning Advisory Committee for a report and recommendation and that authorization be given for the necessary advertising. 5. That as recommended by the City Manager, Mark Cormier of 569 Martha Avenue be advised that he walkway adjoining his property is not available for sale, nor is the City prepared to grant him the use of it at the present time. 6. That as recommended by the City Manager, the position of Land Surveyor be moved in the establishment from the Engineering Department to the Community Planning Department. 7. That as recommended by the City Manager, authority be given to purchase a new 11 O-foot aerial ladder fire truck from Res Q Tech for $555,000, taxes extra. 8. That as recommended by the City Manager, with the exception of vehicles to be utilized in the Police Force, all sedans will be intermediate size or smaller unless authorized by the City Manager. March 1, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. 83-979 COMMON COUNCIL MARCH 1, 1993 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 5 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 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan of 423 Golden Grove Road (photo reduction submitted) with respect to the vesting of Part "A" as a public street. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from the Federation of Canadian Municipalities advising that Council's resolution, adopted at its February 8 meeting, on the rail network in Eastern Canada, will be reviewed and classified by the Standing Committee on Policies and Resolutions and submitted to 83-980 COMMON COUNCIL MARCH 1, 1993 FCM's National Board of Directors at its March 6 meeting for final decision, and that Council will be kept informed of the Board's decision on the resolution -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from the Fort LaTour Development Authority asking Council to name the existing roadway leading from Hilyard Street to the Fort LaTour site "LaTour Lane" -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that the letter from Jennifer Rowell asking for a financial donation to assist in her participation in Canada's Youth Challenge International in the Solomon Islands -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the letter from New Brunswick's Eastern Star Magazine advising that the City of Saint John advertisement in the Magazine is due for renewal with the current February 1993 issue now at the printers; and asking Council to again place an advertisement at a cost of $150 -- be received and filed and Council place an advertisement as requested. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk