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1993-07-19_Minutes 84-204 COMMON COUNCIL JULY 19, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of July, AD. 1993, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, 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; 1. Totten, Commissioner of Management Services; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Galbraith, Director of Works; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; G. Tait, Fire Chief; G. Watson, Assistant Deputy Chief of Police; J. Johnson, Building Inspector; J. Baird, Manager - Development Division; D. Logan, Purchasing Agent; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary. Reverend Tim Davidson of the Harvest Christian Fellowship offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that minutes of the meeting of Common Council, held on July 5, 1993, be approved. Question being taken, the motion was carried. The Mayor proclaimed July 18 to 24 to be Loyalist Days in the City; and accepted from Mr. Anil Handa of Courtenay Bay Inn first prize she won in the Fathers Day Fishing Competition. Councillor M. Vincent extended a message of sympathy to the family of the late Raymond Wood roffe, former Fire Chief of the Parish of Simonds. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager regarding an application for a special events licence for Exhibition Park be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Mayor extended congratulations to the organizers of the Labatt Lite 24-Hour Relay which raised in excess of $400,000.00 which will be used to buy equipment for the treatment of childhood cancer. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 6-14 Richmond Street (NBGIC Number 12765), having an area of approximately 2,600 square feet, from High Density Residential to District Centre Commercial classification, to permit re-zoning of the property to "B-2" General Business classification for use as a parking area for the adjacent funeral home, as requested by Fitzpatrick's Funeral Service Ltd. 84-205 COMMON COUNCIL JULY 19, 1993 On motion of Councillor A. Vincent Seconded by Councillor Chase RESOLVED that the letter from Mayor Wayne submitting a copy of the 1992 advertisement placed by the City of Saint John in the Symphony Program, and a copy of the Program Advertising Agreement which states the sizes available as well as the price; and advising that Symphony New Brunswick has requested that the City place an advertisement in the 1993 Program -- be received and filed and authority be granted for a half page ad at a cost of $450.00. Question being taken, the motion was carried. Read a letter from Mayor Wayne requesting Common Council to adopt the submitted resolution requesting the Federal Minister of Transport to expeditiously request the House of Commons to accept the report of the House of Commons Standing Committee on Transport; and submitting a copy of the Addendum to the submission by Mr. R. A. Corbett, Chairman of the Standing Committee, when he appeared before the public hearings on CP Rail's request to abandon the main line between Saint John and Sherbrooke, P.Q. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the following resolution be adopted, namely:- "WHEREAS the House of Commons Standing Committee issued its "Report on the Recommendations of the National Transportation Act Review Commission"; and WHEREAS the Report includes a Recommendation to place a moratorium on abandonment applications for secondary and main line trackage until a basic national rail network has been established; and WHEREAS the Report also recommends, when there is a rail passenger service operating on a line for which an application for abandonment or conveyance has been made, the NTA, 1987, be amended to ensure that consideration be given to rail passenger service by the Agency before a decision to abandon or convey the line is made; and WHEREAS the Report also recommends that more clarity and definition should be given to the concept of public interest; and WHEREAS the Report also recommends that regional economic development not be removed from Section 3 of the NT A, 1987; and WHEREAS the Report also recommends that environmental matters continue to be included in the NT A, 1987: BE IT RESOLVED that the Federal Minister of Transport recommend to the House of Commons acceptance of the full Report of the Standing Committee on Transport entitled "Report on the Recommendations of the National Transportation Act Review Commission.": AND FURTHER that the said resolution be forwarded to the Prime Minister and the Federal Minister of Transport. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne submitting a copy of her letter to Saint John's Member of Parliament, The Honourable Gerald S. Merrithew, seeking his support in opposing the proposed changes to the Federal Municipal Grants Act which would allow the government to freeze the grants at 1992 levels for an indeterminate period, as well as a copy of a reply to the letter from The Honourable Bernard Valcourt, Minister of Employment and Immigration, advising that The Honourable Elmer MacKay, Minister of Public Works, has invited the Federation of 84-206 COMMON COUNCIL JULY 19, 1993 Canadian Municipalities to participate fully with Public Works Canada in seeking new approaches to administering the Federal Municipal Grants Program. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that the above-noted letter be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Councillor Rogers noting the efforts of City staff in maintaining the numerous flower beds, hanging baskets and lawns, which efforts, particularly in the uptown area and the various squares, certainly do not go unnoticed, be received and filed and that Council formally congratulate the members of the Parks Department staff for their outstanding efforts and dedication in beautifying the City. 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 PC000008362 Atlantic Building Contractors Miscellaneous renovations - Rothesay Avenue Complex Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated July 13, 1993 (Holdback Release). $35,230.00 35,230.00 Nil 29,945.50 $ 5,284.50 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC0000009036 Atlantic Building Contractors Interior Renovations - North Works Complex Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated July 12,1993 (Holdback Release). Nil 50,818.50 $13,178.00 $59,900.00 63,996.50 Question being taken, the motion was carried. 84-207 COMMON COUNCIL JULY 19, 1993 On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 92-13 East Saint John Area Sewers Galbraith 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 July 9, 1993 Final Holdback Release. $98,869.00 89,477.70 Nil 88,492.70 985.00 64.44 $ 985.00 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the low tender of Valley Excavation Services Inc., in the amount of $14,150 (all taxes included), be accepted for the excavation, cleaning (where necessary) and video inspection of water and sewerage services at Grandview Avenue, off Grandview Avenue, near Champlain Heights. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the low tender of Golden Torch Electric, in the amount of $13,102 (all taxes included), be accepted for the replacement of lighting fixtures in the apparatus bays at Fire Stations #1, #2 and #4. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, contract 93-10, water and sewer service renewals, be awarded to the low tenderer, QM Construction Ltd., at the bid price of $99,290, 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. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, contract 93-12, supply and installation of butterfly valves, be awarded to the low tenderer, QM Construction Ltd., at the tendered price of $90,200, 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. 84-208 COMMON COUNCIL JULY 19, 1993 On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, contract 93-15, Mount Pleasant Avenue (E) - Jean Street, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $446,169.90, 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. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the lowest bid to meet the tender requirements, as submitted by Choice Drywall Ltd., in the amount of $12,849, all taxes included, be accepted for the supply and installation of metal siding at the East Works Depot - Grandview Avenue. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Greenway Landscaping, at the unit prices bid as indicated in the submitted bid summary, be accepted for the restoration of grassed areas. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to sign the debentures between the City of Saint John and the New Brunswick Municipal Finance Corporation for $13,680,000 and the debenture on behalf of Saint John Non-Profit Housing Inc. in the amount of $725,000, at the terms listed in the submitted report from the City Manager. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that during the initial stages of construction of the Mercantile Centre, problems were encountered with the installation of the water and sewer service lines to the building, resulting in a significant over-run to the Developer for this portion of the work; that these problems had to do with the unexpected grade changes between existing manholes on the sewer systems located in Union Street which could not reasonably be foreseen by either the Developer or Engineering Department staff and that the problem was ultimately solved by constructing a new storm sewer system on St. Patrick Street; and recommending that the City's share of costs related to the installation of water and sewer services for the Mercantile Centre be approved as $30,000.00 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized, in consideration of the payment of One ($1.00) Dollar, to execute a grant of easement in favour of C. Michael 84-209 COMMON COUNCIL JULY 19, 1993 Cavanaugh, to permit the encroachment of his building at 266 Prince William Street upon Stoneleigh Place, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the report from the City Manager advising that the Charles Gorman, Hilton Belyea and Stewart Hurley Arenas were constructed approximately 17 years ago; that the life expectancy of the ice equipment was estimated at 10 to 20 years and over the past two years the condensers have been replaced; that during the annual maintenance this summer, all three of the arenas showed signs of serious corrosion on the header pipes and staff were able to repair the header at the Gorman Arena by replacing a 22 foot section of the pipe which will be good for another two to three years, however, the Belyea and Hurley Arenas will have to have the entire header pipes replaced as these have corroded to a point that it is questionable whether they will last another season; that staff wish to replace the headers at the Hurley and Belyea Arenas this summer and recommending that a project to replace the headers at the Hurley and Belyea Arenas, at an estimated cost of $24,000, be added to the 1993 Capital Program for Parks -- 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 regarding the tender for demolition of a single storey concrete block building located at 92 Station Street (NBGIC Number 38737), which is to be demolished at the request of the Housing and Property Management Department. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tender of Dean Construction Limited, in the amount of $1,700.00, be accepted for the demolition of the single storey concrete block building located at 92 Station Street (NBGIC Number 38737). Question being taken, the motion was carried. Read a report from the City Manager advising that, the East Coast Big Rig and Off-Road Jamboree has applied to the Liquor Licensing Branch for a Special Events licence for Building 1 at the Exhibition Park; that the duration of the licence would be from July 31, 1993 to August 1, 1993 and is a request to allow the operation of a beer garten and dance during the event; that the subject property is designated Major Institutional by the Municipal Development Plan and lies within the "P" Park Zone; that the Plan designation and zoning permit the operation of the exhibition facility, which normally includes events such as that proposed by the applicant and that a Special Events licence is considered to be incidental to the primary uses and as a result of the confusion at the Liquor Licensing Board the Development Services Department only became aware of the nature of the proposal this afternoon; and recommending that Common Council give its approval for the operation of the proposed East Coast Big Rig and Off-Road Jamboree, including a Special Events licence for the period of July 31, 1993 to August 1, 1993. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Common Council give its approval for the operation of the proposed East Coast Big Rig and Off-Road Jamboree, including a Special Events licence for the period of July 31, 1993 to August 1, 1993, at Exhibition Park, McAllister Drive. Question being taken, the motion was carried. 84-210 COMMON COUNCIL JULY 19, 1993 Responding to Councillor Roger's comment that it is her understanding that a municipality is only permitted two Special Events licences per year, Mayor Wayne advised that she will personally look into the matter. 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 The Brenan Group Ltd. (Brenan's Funeral Home) have been completed and that the required waiting period for objections expired on July 7, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of The Brenan Group Ltd. (Brenan's Funeral Home) for a Municipal Plan amendment and re- zoning of property at 85-89-91 Paradise Row 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 August 30, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "By- Law Number C.P. 100-319 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property at 90 Park Street Extension (NBGIC Number 27607), from "R-2" One- and Two-Family Residential to "R-4" Four- Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled "By-Law Number C.P. 100-319 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. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-320 A Law To Amend The Zoning By-Law Of The City Of Saint John", by: (1) amending Section 810(3)(b)(i) to read as follows: [the home occupation is subject to the requirement that] "not more than two persons are engaged in the home occupation other than members of the family resident in the dwelling unit in which the home occupation is located; and (2) amending Section 810(3)(b)(iii) to read as follows: [the home occupation is subject to the requirement that] "the floor area devoted to it does not exceed the greater of - 25% of the dwelling unit floor area, or - 47 square metres.", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-320 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. Read report of the Committee of the Whole (as follows) 84-211 COMMON COUNCIL JULY 19, 1993 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on June 14, 1993, when there were present Mayor Wayne and Councillors Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, (1) the Saint John Ability Advisory Committee be recognized by Council as an independent advisory committee to advise Council on ability-related issues; (2) Council continue to support the terms of reference and composition; (3) Council support the long- and short-term goals, with the understanding that the Advisory Committee will keep Council advised; and (4) Council support the following recommendations resulting from the Handicapped Parking Survey: (a) policing - increased enforcement by the City of Saint John Police Force, the Saint John Parking Commission staff, and mall security, and the Ability Advisory Committee contact mall security relative to this issue; (b) signage - installation of post signs with fines identified at all handicapped parking locations, relative to the City's own handicapped parking locations, and the Ability Advisory Committee approach owners of other handicapped parking locations regarding this issue; (c) training - the implementation of an awareness component and the training of police officers, mall security, commissionaires, etc., with the understanding that the Ability Advisory Committee will deal directly with mall owners and commissionaires; (d) location needs - ongoing identification of handicapped parking spaces; (e) fines - review City by-laws for possible amendments to increase municipal fines in accordance with Provincial rates, and appropriate staff be identified to review possible amendments to municipal fines; (f) request the Society of Physicians to reassess its criteria when recommending individuals receiving parking permits, both temporary and long-term, with the understanding that the Ability Advisory Committee will approach the Society with respect to this request; (g) request the Province of New Brunswick to review its criteria of eligibility for handicapped parking permit, on the understanding that the Ability Advisory Committee will approach the Province of New Brunswick relative to this request; (h) request the municipal hospitals to reassess their handicap parking program, with the understanding that the Ability Advisory Committee will approach the hospitals relative to this issue; and (i) implementation of a community awareness program, with the understanding that the Ability Advisory Committee organize this program with input from appropriate staff. July 19, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Landers Seconded by Councillor Rogers 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 reports that it sat on July 5, 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:- 84-212 COMMON COUNCIL JULY 19, 1993 1. That as recommended by the City Manager, Mr. Malcolm Vail be advised that the City has no interest in the acquisition of his property at 22 Lakewood Avenue West at the present time. 2. That as recommended by the City Manager, (1) Saint John Heritage Trust be advised that the City is not prepared to assume ownership of 5 and 13 Chipman Hill at this time; and (2) Saint John Heritage Trust be advised that the City will work with it to expedite the redevelopment of the buildings, including, if necessary, taking the necessary steps to obtain clear title to the properties. 3. That as recommended by the City Manager, Council authorize the Purchasing Agent, under the direction of the City Solicitor, to cancel the existing agreement with Adora Cleaning and that Adora forfeit its tender deposit, and further that the Purchasing Agent call new tenders for the provision of janitorial services to the Rothesay Avenue Supply and Services complex for a period of 12 months. July 19, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to an amending subdivision plan for Eastwood Subdivision, Phase 5, at 55, 59 and 63 Sunnybrook Terrace, with respect to the proposed municipal services easement. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Ian A. Andrews in support of the Marco Polo Project -- be received and filed and Mr. Andrews be thanked for his comments. Question being taken, the motion was carried. 84-213 COMMON COUNCIL JULY 19, 1993 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Mr. Paul M. Osborne asking Council to consider his letter a petition to examine the problem of pigeons being fed in residential areas in order to pass a by-law to stop feeding pigeons in residential areas of the City of Saint John -- be received and filed. Councillor Landers noted that several areas of the city are experiencing this problem. Mayor Wayne appealed to individuals living in residential areas not to feed the pigeons. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mr. Gerald S. McMackin of the law firm of Stewart McKelvey Stirling Scales, solicitors for Eastern Brakes Ltd. at 100 Station Street, expressing the understanding that the City has gone to tender with respect to the demolition of the bottle exchange property located at the corner of Sewell and Station Streets; advising that their client would have no objection to the City, at its expense, demolishing and removing its building at 11 Sewell Street at the same time the City is demolishing the bottle exchange and that, if the City does not demolish this building, their client will take steps to have it boarded up as requested by City officials; and requesting that the City contact Mr. Douglas Doucette, President of Eastern Brakes Ltd., to advise him of the City's decision -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Grant Lyons and/or Mark Lawrence for an amendment to the Section 39 conditions of re- zoning of 936 Rothesay 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 August 30, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk