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1993-03-08_Minutes 84-1 COMMON COUNCIL MARCH 8, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of March, AD., 1993, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City manager - Operations; 1. Totten, Commissioner of Management Services; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; D. Logan, Purchasing Agent; R. Russell, Superintendent of Rockwood Park; D. Sherwood, Chief of Police; R. McDevitt, Fire Chief; Mrs. G. Barker, Staffing Officer; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Lloyd Lake, retired Anglican Minister, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on March 1, 1993, be approved. Question being taken, the motion was carried. The Mayor noted the news conference in Millidgeville earlier this date at which Provincial Environment Minister The Honourable Jane Barry, representing the Honourable Marcelle Mersereau, Minister of Municipalities, Culture and Housing, presented the City with a cheque for $57,887 for the new decontamination shower trailer unit for the Hazmat Team, which is the first prototype of its kind in New Brunswick and made possible through the assistance of both the Federal and Provincial Governments. The Mayor expressed appreciation for the Provincial contribution and advised that a letter of thanks has been prepared in this regard. On motion of Councillor A Vincent Seconded by Councillor Rogers RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mrs. Evelyn Mooney, who passed away on March 2, 1993. Question being taken, the motion was carried. The Mayor proclaimed March to be Purchasing Month in the City of Saint John in recognition of the purchasing and materials management profession; and March 14 to 20 to be Kelly Week in honour of all the dedicated Kelly Temporary Services Ltd. employees in the City of Saint John, and Laurie Trenholme, who was present in the Council Chamber with other representatives of Kelly Services, presented the Mayor with a token of appreciation for the City's support. The Mayor noted the forthcoming St. Patrick's Day activities, as well as a forthcoming visit on March 12 to Newport, Rhode Island, by her, the City Manager and Economic Development Director D. O'Leary, to participate in the St. Patrick's Day Parade, and advised that Mr. Fred Hazel will also accompany them on the visit at which time he will promote St. Patrick's Day celebrations on behalf of the Irish Cultural Association of New Brunswick and the City of Saint John. 84-2 COMMON COUNCIL MARCH 8, 1993 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Donald R. Smith, New Brunswick's oldest practicing Journalist, who passed away on March 6, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. PC000007670 LeRoy's Heating Services Ltd. Removal of boiler at City Market Original estimated value of work Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated March 2,1993 Holdback release. $13,990.00 15,558.92 Nil 13,460.42 $ 2,098.50 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC000008491 Erb's Enterprises Ltd. Interior renovations - Works Depot West Original estimated value of work Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated March 2,1993 Holdback release. $13,200.00 13,520.00 Nil 11,540.00 $ 1,980.00 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 92-1, Various Streets Concrete Curb & Sidewalk Construction QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 8 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress $1,541,870.50 1,465,538.61 10,930.00 1,371,617.54 82,991.07 5,429.32 84-3 COMMON COUNCIL MARCH 8, 1993 Estimate Number 8, dated March 2, 1993 Partial holdback release $ 82,991.07 2. Contract 92-3, Spruce Lake Industrial Park Standpipe Landmark Structures (Ontario) Ltd. Original estimated value of work Total work done, Estimate Number 5 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 5, dated February 23, 1993 Partial holdback release. $996,000.00 996,036.53 2,500.00 769,640.00 193,896.53 12,684.82 $193,896.53 Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting as he was not present for the March 1 public hearing of the proposed Zoning By-Law amendment and re- zoning relative to 730 Wilson Street.) Consideration was given to a report from the City Manager referring to March 1 public hearing of a proposed Zoning By-Law amendment and re-zoning of 730 Wilson street at which time the owner of property at 15 O'Brien Street requested that the proposed fence between his property and the subject property be a combination of board-on-board and chain link, rather than all chain link, and the applicant indicated that he had no objection to this; and advising that, in order to ensure that the fence can be constructed in accordance with the neighbouring property owner's request, it is necessary to amend part (f) of the proposed Section 39 amendment which, according to the Planning Advisory Committee's recommendation, is that 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. The report recommends that third reading be given to the proposed re-zoning and amendment to Section 620(2)(e) of the Zoning By-Law, with section (f) of the Planning Advisory Committee's recommendation for Section 39 conditions of re-zoning amended to read as follows:- (f) a combination of a commercial grade chain-link fence and a board-on-board 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, such fence to 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. Consideration was also given to third reading of the proposed re-zoning of and a Zoning By-Law text amendment relevant to 730 Wilson Street, which was given first and second readings at the March 1 public hearing. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-304 A 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; and (b) by 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 #35436).", be read a third time and enacted and the Corporate Common Seal be affixed thereto. AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to 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 n 0 more than 6500 square feet of the building, and the use of the remaining floor area 84-4 COMMON COUNCIL MARCH 8, 1993 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 combination of a commercial grade chain-link fence and a board-on-board 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. The by-law entitled, "By-Law Number C.P. 100-304 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 Councillor A. Vincent voting "nay". (Councillor M. Vincent re-entered the meeting). Consideration was given to a report from the City Manager advising that four companies responded to the tender for the annual supply of replacement brooms for the City's fleet of street sweepers, with the bid of Saunders Equipment Ltd. of Fredericton found to be incomplete and not in compliance with the City's tendering procedures and, for this reason, not considered; and submitting a recommendation with respect to the tender award. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the low tender of Accessories Machinery Ltd., Montreal, be accepted for the 1993 supply of sweeper brooms, at the prices indicated in the submitted bid summary. Question being taken, the motion was carried. Read a report from the City Manager advising the positions for which applications have been prepared for jobs under Challenge 93, a Federal subsidy program for student summer employment, and that the Executives of Locals No. 486 and No. 61 have indicated that they concur with these applications and the positions identified are not related to the work of other bargaining units. 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 execute the necessary application/agreements relative to the Challenge '93 Federal student summer employment program, for submission to Employment and Immigration Canada by March 12, 1993. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that two amendments to Common Council resolution of July 23, 1990 authorizing the sale of land on Chesley Drive to Thorcor Holdings inadvertently referred to the date of passing of the initial resolution as August 1, 1990; and that the date needs to be corrected to avoid a possible question about the title to the land in the future. 84-5 COMMON COUNCIL MARCH 8, 1993 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council resolutions of July 8, 1991 and August 6, 1991 concerning the sale of land on Chesley Drive to Thorcor Holdings Ltd. be amended by correcting the date of the previous resolution from August 1, 1990 to July 23, 1990. Question being taken, the motion was carried. Read a report from the City Manager advising that the Parks Department staff is in receipt of a written request from Mr. and Mrs. Robert Creamer to extend the canteen license agreement for the Rockwood Park Municipal Golf Course as per the 1992 terms and conditions for the same period in 1993 and, in addition, the Creamers have requested that the 1993 fee remain at $4,550 as they incurred an unexpected reduction in revenues during 1992 as a result of two labour disputes which closed the Golf Course, the weather and the economy, and did not realize the revenue they expected; and also advising that, as it is generally believed that the City would benefit if this contract was tendered each year, Parks staff will advise the Creamers that this will be the last year this contract will be extended. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the Rockwood Park Municipal Golf Course canteen concession license agreement with Mr. and Mrs. Robert Creamer be extended for 1993 at a fee of $4,550, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents for the canteen operation: AND FURTHER that the concession be tendered in future years. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of James Tippett have been completed, and that the required waiting period for objections expired on March 3, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Mr. James Tippett for a Municipal Plan amendment and re-zoning of 2086 Ocean Westway be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, April 13, 1993. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Scott Bros. Ltd. have been completed, and that the required waiting period for objections expired on March 3, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Scott Bros. Ltd. for a Municipal Plan amendment and re-zoning of 1624 Hickey 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 Tuesday, April 13, 1993. Question being taken, the motion was carried. 84-6 COMMON COUNCIL MARCH 8, 1993 (Councillor M. Vincent withdrew from the meeting as he was not present for the March 1 public hearing of the proposed Street Closing By-Law amendment with respect to closing a portion of Carleton Street.) 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 Up And Closing Of Highways In The City Of Saint John", with respect to the stopping up and closing of the following portion of highway: CARLETON STREET: - All that portion of the 15.24 metre wide public street known as Carleton Street lying west of the hereinafter described line: Beginning at a point on the southern side of Carleton Street, said point being located 25 metres more or less measured westerly from the western sideline of Hazen Avenue at its intersection with the said southern sideline of Carleton Street, the said point also being the northwestern corner of a lot identified by Parcel Identifier Number 55059281; thence at right angles to the said southern sideline of Carleton Street, 15.24 metres to the northern sideline of Carleton Street be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor M. Vincent 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 March 1, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Mr. Nick Barfoot be named as the City's nominee to the Board of Arbitration of Local No. 18, C.U.P.E., grievance 92- 20, concerning the reduction of carpenter positions. 2. That as recommended by the City Manager, (1) 1,400 square metres (15,019 square feet) of land on Chesley Drive, shown as Parcel "A" on the submitted plan, be sold to the Department of National Defence for a price of $30,277.50; and (2) an agreement be executed with the Department of National Defence stipulating that, if Lot 93-2 is required for street purposes prior to the expiration of the 15-year lease with the Harbour Bridge Authority, its interest in the property will be transferred to the City, the price of this acquisition to be a proportionate share of its initial parking lot development cost found by multiplying 1/15 of the cost by the number of years remaining in the lease, such agreement to be in a form and substance acceptable to the Legal Department. 3. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute a lease with the Roman Catholic Bishop of Saint John for the land behind St. Rose School that is developed as a ballfield and known as PID 55021968 to include the following terms and to be in a form and substance acceptable to the Legal Department: (1) the term of the lease to be five (5) years commencing April 1, 1993; (2) the rental to be $1.00 per year payable in advance; (3) the City to be responsible for payment of property taxes assessed against the property; (4) the lease may be terminated by either party on two months written notice; (5) the City will not 84-7 COMMON COUNCIL MARCH 8, 1993 unreasonably restrict the use of the ballfield by students of St. Rose School until 5:30 p.m. during normal school days; and (6) all improvements to the property remain or will become the property of the landlord at the termination of the lease. 4. That as recommended by the City Manager, New Brunswick Kennel Club Inc. be advised that the City is not prepared to waive or reduce the fee for the Simonds Centennial Arena. 5. That as recommended by the City Manager, the Saint John Chapter of the Harley Owners Group be advised that the City is not prepared to become involved with discussions that the Group is having with the Lord Beaverbrook Rink and that the Group be advised to contact the City Manager to determine if any other convention assistance might be available. March 8, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent 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 McAlary RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried with Councillors Rogers and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 5 of the above report be adopted. The Mayor suggested that, in this case, the City Manager should contact the above Group to explain the situation, rather than just forwarding a copy of the resolution adopted. Question being taken, the motion was carried. 84-8 COMMON COUNCIL MARCH 8, 1993 On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the memorandum from the Federation of Canadian Municipalities submitting an updated package on the Affordability and Choice Today Awards (A-C-T) Grant program, a national housing program which has been extended for another two years, as announced on February 8 by The Honourable Perrin Beatty, Minister of Communications, in his keynote address at the Canadian Home builder's Association conference - be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Marjorie MacMurray for a Zoning By-Law text amendment with respect to 87-89 Golden Grove 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 Tuesday, April 13, 1993. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from The Canadian Red Cross Society, Southwest Region, asking Council to consider making an important investment in the well being of the community by making a generous donation to this year's March fund raising campaign - be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that the letter from Mr. Jack Boyle, Assistant Coach of the Junior Boys Curling Team from Thistle-St. Andrews Curling Team from Thistle-St. Andrews Curling Club, requesting financial assistance to help offset expenses relevant to the Team's participation in the National Pepsi Junior Men's Championship Tournament to be held in Quebec from March 20 to 27 - be referred to the City Manager and the Recreation and Parks Advisory Board. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the application of Mr. Marcel Beaurivage of Bargain Giant for an amendment to the Section 39 conditions of re-zoning of 20 Prince Edward 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 April 26, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Carleton Branch #2 of the Royal Canadian Legion expressing concern about the safety of the intersection of St. John and Ludlow Streets, as well as the intersection of Charlotte and Ludlow Streets - be referred to the City Manager. Question being taken, the motion was carried. 84-9 COMMON COUNCIL MARCH 8, 1993 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Irving Oil Limited for an amendment to the Section 39 conditions of re-zoning of 4207 Loch Lomond 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 April 26, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk