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1994-07-11_Minutes 84-735 COMMON COUNCIL JULY11,1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eleventh day of July, AD. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Gould, Knibb, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. C. Robichaud, Acting City Manager; F. Rodgers, City Solicitor; P. Woods, Deputy Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; J. Brownell, Director of Recreation; D. Logan, Purchasing Agent; B. Steeves, Building Inspector; J. Baird, Manager - Development Division, Planning; P. Asimakos, Planner; P. Palmer, Deputy Market Clerk; B. Cormier, Social and Cultural Affairs Officer; B. Thompson, Deputy Chief of Police; J. Morrison, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. Call To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that minutes of the meeting of Common Council, held on June 27, 1994, be approved. Councillor Gould, referencing the Saint John Transit Commission's presentation at the June 27 meeting on the reduction in bus service, expressed concern about the reduction in service to the Fort Howe Apartments in that there is no convenient service from there to the Uptown area after 8:45 a.m. and that, in view of the millions of dollars being expended in the Uptown area, the new bus schedule is contrary to the City's objectives for the Uptown; and suggested that Council should bring to the Transit Commission's attention that this change is posing a hardship on those citizens in the Fort Howe Apartments and it be asked to reconsider. Councillor Chase made the observation that the above minutes do not reflect that Councillor Rogers' question of personal privilege was dealt with in a proper manner in that the chair did not rule on whether or not she had a bona fide question of privilege at the time and that, although there was a motion following her point of privilege, his concern is that the form and format of Council's rules should be followed and that the minutes should be set correct. The Mayor asked that the Common Clerk to take this under advisement, and that the City Solicitor, in light of Councillor Chase's comments, give him some advice in this regard in that, as he did not chair the above meeting, he could not rule in this regard. Deputy Mayor McAlary expressed concern about the change in transit service to the Saint John Regional Hospital and UNBSJ from the area of Fort Howe and the Mitchell Apartments; and commented on the point of privilege at the last meeting in that, as chairman of that meeting, she allowed the Council member concerned to speak for the reason that, if members of Council have an issue or a point to raise, she feels they do have the privilege to do so. Councillor M. Vincent made the observation that the discussion on Council minutes is for errors and omissions only, and Council should not get into the content of the minutes unless there is an error or omission; and advised his intent to propose a motion at the passing of the minutes relative to the discussion on the bus service. Question being taken, the motion was carried. 84-736 COMMON COUNCIL JULY11,1994 * Transit Service On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the concern about transit service to the Regional Hospital and in the area of the Fort Howe Apartments and Magazine Street, based on Council's discussion at this meeting, be forwarded to the Saint John Transit Commission for its consideration. Question being taken, the motion was carried. * Added Items On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the following matters, which were considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting as items 38A, 38B and 38C, respectively:- (1) use of the bandstand at North Market Wharf; (2) the lease for the Rockwood Park Horse Barn and Children's Farm; and (3) the Rockwood Park waterslide. Question being taken, the motion was carried. 3. Mayor's Remarks Deputy Mayor McAlary referred to Council's letter last fall to the Minister of Transport, The Honourable D. Young, on its concern about the proposed elimination of air traffic controllers at the Saint John Airport and to the subsequent meetings in the City with the Board of Trade and the Transportation Committee, as well as the Minister's letter to Council indicating that the Saint John Airport would not be treated any differently than any other airport in Canada that had under 60,000 flights a year; and expressed concern that it now appears that the Saint John Airport is going to lose its air traffic control towers and, while the Transport Department has indicated that it is not a safety issue in that the air flight attendants can look after this, the Saint John Airport experiences serious weather conditions and it seems as if the Fredericton and Charlottetown Airports have obtained a delay in the elimination of air traffic controllers until 1995. Deputy Mayor McAlary expressed the opinion that any downgrading at the Saint John Airport should be of great concern to Common Council in that any cutbacks could be a danger to the closure of an airport as New Brunswick is the only Province in Canada that has three airports within such close proximity of the other, being Saint John, Moncton and Fredericton; and suggested that the Mayor should send another letter to the Minister of Transport explaining these details to him and indicating that, if the rule is that air traffic controllers are to be eliminated across Canada in airports that have under 60,000 flights a year, that will be accepted, as long as it is treated the same as other areas. * Saint John Airport On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the Mayor forward a letter to the Minister of Transport regarding the above matter. The Mayor noted that the letter will be prepared with assistance of the local Transportation Committee, and a copy will be included in the Council kits at the next meeting for Council members' perusal. Question being taken, the motion was carried. The Mayor proclaimed July 10 to 16 to be Loyalist Festival Days in the City of Saint John; and noted the forthcoming Labatt Lite 24-Hour Relay on July 16 to 17, a fund-raising event in support of the Saint John Regional Hospital Foundation. 84-737 COMMON COUNCIL JULY11,1994 7 A. Format of Committee of the Whole MeetinQs and LeQal Sessions of Council Read a letter from Deputy Mayor McAlary referring to the three formats for Council meetings, including Committee of the Whole, Legal Session and Open Session of Council, and the reasons for such meetings; and expressing the opinion that Council members should honour and respect the format for Committee of the Whole meetings and Legal Sessions that is presently in place and, if Council is not prepared to do that, Committee of the Whole meetings and Legal Sessions should be eliminated and all items should be placed on the agenda of open session. On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the above letter from Deputy Mayor McAlary be received and filed. Councillor A. Vincent advised that, if the Deputy Mayor's motion was to do away with committee of the whole and legal sessions, he would second it, whereupon the Mayor noted the motion on the floor. Question being taken, the motion was carried. 8. Purchase Order To Power Commission Relocation of Pole Line, Somerset Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Acting City Manager, a purchase order in the amount of $69,000 be issued to The Power Commission of the City of Saint John to provide for materials and services required by the City of Saint John to relocate the pole line on Somerset Street between Churchill Boulevard and the former Maritime Sod property. Question being taken, the motion was carried. 9. Tender For Contract 94-4, Phase III Closure, Spruce Lake Landfill On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, contract 94-4, Phase III Closure, Spruce Lake Landfill, be awarded to Galbraith Construction Ltd., at the tendered price of $863,300, 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. 10. Tender For Contract 94-8, Cranston Avenue Water and Sewer Construction On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the Acting City Manager, contract 94-8, Cranston Avenue water and sewer construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $425,564, 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. 84-738 COMMON COUNCIL JULY11,1994 11. Tender For Contract 94-9 Water and Sewer Services Renewal On motion of Councillor Rogers Seconded by Councillor A. Vincent RESOLVED that as recommended by the Acting City Manager, contract 94-9, water and sewer services renewal, be awarded to L. Halpin Excavating Limited, at the tendered price of $122,150, 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. 12. Tender For Contract 94-10, Sydney Street - Victoria Street Water and Sewer Construction On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, contract 94-10, Sydney Street - Victoria Street water and sewer construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $223,019.20, 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. 13. Tender For Contract 94-11 ChipsealinQ 1994 On motion of Councillor Chase Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, (1) the upgrading of Lorneville Road, at an estimated cost of $75,000, be added to the Transportation Capital Budget Work Program; and (2) contract 94-11, chipsealing 1994, be awarded to the low tenderer, Atlantic Colas Limited, at the tendered price of $111,765.80, 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. 14. Tender For Uniform ClothinQ On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Acting City Manager, the tender for the supply of uniform clothing to the City of Saint John Fire Department be awarded as indicated in the submitted summary of bids. Question being taken, the motion was carried. 15. Security LiQhts For Lakewood HeiQhts On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the report from the Acting City Manager recommending that, with regard to the March 21 letter from Lakewood Heights Home & School Association expressing concern about the security 84-739 COMMON COUNCIL JULY11,1994 of the playground and recreation area next to Lakewood School, the City install security lighting at Lakewood Heights Playground -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 16. Wheelchair Ramp At 126 Prince William Street Read a report from the Acting City Manager submitting a recommendation in response to the May 2 request of the Department of Public Works and Government Services Canada for permission to construct a ramp on the existing sidewalk at 126 Prince William Street. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the Acting City Manager, Council issue to Her Majesty The Queen, as represented by the Department of Public Works and Government Services Canada, a license to permit the construction and maintenance of a concrete ramp upon the Canterbury Street right-of-way, to provide access to the physically challenged from the street to the rear of the building at 126 Prince William Street, subject to acquiring the appropriate permits, and that the Department of Public Works and Government Services Canada will save harmless and indemnify the City from all loss, damage or injury caused by the presence of the ramp, that this license will terminate upon removal of the said ramp, and that the Mayor and Common Clerk be authorized to execute such license. Question being taken, the motion was carried. 17. Recreation Department Summer ProQrams On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the Acting City Manager referring to the budget cuts in the 1994 Recreation Department Summer Playground Program, Teen Program and Camp Programs, and staff's subsequent action in preparing grants and working with the community so that the City will operate twenty-one playgrounds as a result of receiving grants in the amount of $77,000, close to equalling the $80,000 budget cut -- be received and filed. Question being taken, the motion was carried. 18. Sale Of Land At Cedar Point Consideration was given to a report from the Acting City Manager referring to Common Council resolutions of December 6, 1993 and March 21, 1994 concerning the sale of land at Cedar Point; and commenting on the numerous changes to the subject resolutions on the basis that it is proposed that they be rescinded and replaced as outlined in the submitted recommendation. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the Acting City Manager, Common Council resolutions of December 6, 1993 and March 21, 1994, relative to the sale of lands at Cedar Point, be rescinded and replaced with the following:- 1. 1.1 The City acquire approximately 2.7 acres of land (Parcel A) from the Province of New Brunswick as shown on a survey plan dated January 21, 1994 as prepared by Kierstead Surveys Ltd. (Plan 1 submitted), at a price of $7,500 per acre; 1.2 Once acquired, the lands be sold to Cedar Point Estates Ltd., at a price 84-740 COMMON COUNCIL JULY11,1994 of $7,500 per acre, plus costs; 2. The City sell approximately 22.0 acres of land (Lot 94-1) as outlined on the survey plan titled "City of Saint John Subdivision, Millidgeville" and dated June 28, 1994 as prepared by Kierstead, Quigley and Roberts Ltd. (Plan 2 submitted), to Cedar Point Estates Ltd. for the price of $5,000 per acre with the City responsible for all survey costs; 3. The transfers to take place on or before September 30, 1994; and 4. That David Buckle be provided with an acceptable right-of-way to his property as generally illustrated on the submitted plan. Question being taken, the motion was carried. 19. Municipal Plan Update - Part One: General On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the Acting City Manager, Council receive the submitted draft of Part One of the Municipal Plan Update, make it available for the public, and provide input for its finalization. During discussion suggestions were made relevant to setting a time limit to review future Municipal Plans so as not to get to the point as in this instance; including reference to the City's bilingual workforce, to the size of the Oil Refinery in comparison to others in Canada, and to the forest products terminal at the Port; and Mr. Baird made the observation, in reference to the decline in population from that projected, that the City has enjoyed, every census year since the time of the projection, an increase in the number of households in the City. Question being taken, the motion was carried. 4. Saint John Canada Games Aquatic Centre Commission - 1993 Annual Report Mr. Daryl Steeves, General Manager of the Canada Games Aquatic Centre, highlighted the previously-submitted 1993 Annual Report, commenting on what the City's investment in the Aquatic Centre of $736,839 does for the City's quality of life, employment base, tax revenue, savings on the health care system in that physical activity promotes good health, and goods and services, and noting the events held at the Aquatic Centre in 1993. Mr. Steeves attributed the fact that there were no serious injuries in 1993 at the Aquatic Centre, despite over 300,000 users, to the lifeguards and staff who work hard daily to ensure a safe environment; and also commented on the significant advances made in 1993, including computerization of the membership system, expansion of the Fitness Centre and rehabilitation services, addition of a rolling ramp to assist persons with disabilities, and an all-time high in membership, all within the budget restraints and a saving of $46,500 from budget, an improvement over 1992 by $19,000. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the 1993 Annual Report of the Saint John Aquatic Centre Commission be received and filed. Question being taken, the motion was carried. 20. Bond Issue Read a report from the Acting City Manager advising Council of the terms of the 1994 bond issue, further to the report to Council on May 9. 84-741 COMMON COUNCIL JULY11,1994 On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the Mayor and Common Clerk be authorized to execute the debenture between the City and the New Brunswick Municipal Finance Corporation for $19,770,000 on the following terms: Term: 10 Year, Serial Form Coupon Rate: Year 1 - 8.000% 2 - 8.250% 3 - 8.875% 4 - 9.125% 5 - 9.250% Year 6 - 9.375% 7 - 9.625% 8 - 9.625% 9 - 9.750% 10 - 9.750% Price: $99.19 Yield to Maturity: 9.61 % Settlement Date: August 9, 1994. Question being taken, the motion was carried. 21. Municipal Plan Amendment & Re-ZoninQ 75 CoburQ Street 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 Maharishi Vedic College Inc., with regard to property at 75 Coburg Street, have been completed and that the required waiting period for objections expired on June 29, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Maharishi Vedic College Inc. for a Municipal Plan amendment and re-zoning of 75 Coburg 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 August 22, 1994. Question being taken, the motion was carried. 22. Municipal Plan Amendment & Re-Zoning Westmorland Road Opposite MarQaret Street 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 Fundy Funeral Home Co-Op Ltd., with regard to property on Westmorland Road opposite the end of Margaret Street, have been completed and that the required waiting period for objections expired on June 29, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Fundy Funeral Home Co-Op Ltd. for a Municipal Plan amendment and re-zoning of property on Westmorland Road opposite the end of Margaret 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 August 22, 1994. Question being taken, the motion was carried. 84-742 COMMON COUNCIL JULY11,1994 23. Municipal Plan Amendment & Re-ZoninQ 1121 ManawaQonish Road 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 Doug King, with regard to property at 1121 Manawagonish Road, have been completed and that the required waiting period for objections expired on June 29, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of Doug King for a Municipal Plan amendment and re-zoning of 1121 Manawagonish 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 22, 1994. Question being taken, the motion was carried. 24. Committee of the Whole Report 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 June 13, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Knibb, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That Council approve the following appointments as recommended by the Nominating Committee: (1) ENVIRONMENT COMMITTEE - Ernest Best be appointed for a term to expire May 30, 1997; and SAINT JOHN TRANSIT COMMISSION - Tom Mantle and Murray Beesley be appointed for a term to expire June 30, 1997. July11,1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 24(1). Appointments to Environment Committee & Transit Commission On motion of Councillor Knibb 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. 25. Committee of the Whole Report To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports 84-743 COMMON COUNCIL JULY11,1994 Your Committee reports that it sat on June 27, 1994, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council approve the acquisition of a municipal services easement over the full width of the local common accessed from Tippett Drive, referred to as "Mary's Place" and as illustrated on the submitted plan, from Yvon St. Coeur for a price of $1.00, and that the Mayor and Common Clerk be authorized to execute the necessary easement agreement. 2. That as recommended by the City Manager, subject to the approval of the program by the Province of New Brunswick, Godfrey Associates Ltd. and ADI Limited be engaged, as outlined in the City Manager's submitted report, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 3. That as recommended by the City Manager, Yesterday's Lounge Inc. be authorized to fence off the area on North Market Wharf as outlined on the submitted plan from 7:00 p.m. to 12:00 midnight, July 22 and July 23, 1994, subject to: (1) approval of the appropriate license from the Liquor Licensing Board; (2) appropriate arrangements for security being confirmed with the Saint John Police Force; (3) Yesterday's Lounge Inc. accepting full responsibility for all clean-up after each night and prior to 6:00 a.m. of the next day; and (4) repair of any damage to the adjacent areas which may occur as a result of the events. 4. That as recommended by the City Manager, Common Council (1) rescind its motion of June 13, 1994 relative to the approval of an agreement with the Saint John YMNWCA and 0406098 Ltd. (Y's Men); and (2) approve the execution of the amended agreement with the Saint John YMNWCA and 046098 Ltd. (Y's Men) with regard to the Lily Lake Pavilion and supervised beach area, and Fisher Lake Canteen and supervised beach area. 5. That as recommended by the City Manager, Common Council accept the gift from the Irving Family for the restoration of the Public Burial Ground, as shown generally on the submitted plan. July11,1994, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 25(1). Easement "Mary's Place" Off Tippett Drive 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. 25(2). Federal Infrastructure Program Wastewater Treatment ProQram On motion of Councillor Chase Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 84-744 COMMON COUNCIL JULY11,1994 25(3). Yesterday's Lounge Inc. North Market Wharf Proposal On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 25(4). Rockwood Park/Lily Lake Pavilion/Fisher Lake On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 25(5). Public Burial Ground On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that section 5 of the above report be adopted. The Mayor advised that the intent now is the complete restoration of the Burial Ground, with the K.C. Irving statue originally proposed deleted and a memorial stone in the area of the centre of the cemetery where the fountain will be to commemorate the memory of those buried in the Public Burial Ground, and that a small foundation will be built as a permanent base for the annual Christmas tree in its usual location, and surrounded by flowers and shrubbery, with the work to start immediately; and also that the proposal includes restoration of the complete walkway system, including the perimeter, the installation of new Old English-style lamps, a fountain, and, as much as possible, a complete restoration of the gravestones and crypts that are in the cemetery, as well as a restoration of some of the stones which, because of vandalism and weather, which have been stored, to the best of his knowledge, in various warehouses around the City; and also advised that it is the intent for an archaeologist to be on site at all times during the restoration. Question being taken, the motion was carried. 5. Geneva Roth Holdings I Ltd. Unsightly Premises By-Law Nurses Residence, 199 Waterloo Street Notice had been given to Geneva Roth Holdings Ltd., owner of the parcel of land located between the north side of Waterloo Street and the south side of City Road, to appear to show cause, if any, why Common Council should not find the Nurses Residence at 199 Waterloo Street (NBGIC Number 55048334) to be dilapidated or deteriorated so as to be dangerous and unsightly and to require the owner to remedy the condition by either demolishing the Nurses Residence or by carrying out the work set out in Schedule "D". No person was present to speak in opposition to or in support of the proposed action. Consideration was given to a report from the Acting City Manager advising that the former General Hospital complex has deteriorated since the last report to Common Council in July 1993 which described the buildings in the complex as being "dangerous" and "unsightly", and that, while discussions have taken place in the past with both the owner of the above-mentioned property and the Province concerning the 84-745 COMMON COUNCIL JULY11,1994 subject complex, the problem remains and must be addressed; noting that the "Interns Residence" and the "Main Building and Perimeter Road" were addressed in previous reports to Council; apprising Council of the interior dangers and exterior appearance of the Nurses Residence as revealed in an inspection of the subject building on June 13, 1994, such building having become dilapidated and/or deteriorated so as to be both dangerous and unsightly, with its interior easily accessible to the public, including children; and recommending that Common Council adopt the submitted resolution contained in Schedule "E" of the submitted "Notice to Appear" or such other resolution as it deems appropriate. Mr. Steeves expressed the opinion that the subject building is deteriorated and dilapidated and is in a dangerous and unsightly condition; and recommended that Council adopt the resolution submitted with the above report. On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that the following resolution be adopted, namely: "WHEREAS the records in the Saint John County Registry Office show Geneva Roth Holdings I Ltd. to be the owner of the parcel of land located between the north side of Waterloo Street and the south side of City Road in the City of Saint John, in the County of Saint John and the Province of New Brunswick, the said parcel of land being identified as Parcel 55048334 on the portion of the New Brunswick Geographical Information Corporation plan which was submitted as Schedule "B" and being more particularly described in the Schedule "A" which was submitted hereto and was attached to the deed to Geneva Roth Holdings I Ltd. from W.S. Reid Chedore In Trust which was dated November 30, 1990 and was recorded in the Saint John County Registry Office on November 22, 1991 in Book 1540 as Number 374556 at pages 442-446; AND WHEREAS the property is located in an area mentioned in the By-Law entitled "A By-law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John"; AND WHEREAS there is located upon this property a former Nurses Residence building which is hereinafter referred to as "the Nurses Residence", the Nurses Residence shown on the submitted Schedule "C" and its location on the parcel of land is approximately as shown on the submitted Schedule "B"; AND WHEREAS the Nurses Residence is dilapidated or deteriorated so as to be in a dangerous and unsightly condition, the particulars of such dilapidation or deterioration and such dangerous and unsightly condition, as well as the work needed to remedy the condition, are set out in the report of David Crawford which is dated June 20, 1994 and the further report to Common Council from the City Manager and others which is dated June 28, 1994; AND UPON reading and considering the opinion of Glen Tait, Fire Chief of the City of Saint John, set out in his letter dated April 22, 1994 to Mr. Burt Steeves, Deputy Building Inspector, and also the opinion of David J. Sherwood, Chief of Police of the City of Saint John, set out in his letter dated December 23, 1993 to Mr. Steeves: BE IT RESOLVED that Geneva Roth Holdings I Ltd. is hereby required to remedy the dangerous and unsightly condition of the Nurses Residence within 60 days after a notice from the Building Inspector of the City of Saint John is served upon it in accordance with section 190(4) of the Municipalities Act of New Brunswick, by either demolishing the Nurses Residence or by carrying out the following work: Nurses Residence 1) Carry out such work as is needed to prevent easy access to its interior; 2) Remove any and all materials hanging from the ceilings which 84-746 COMMON COUNCIL JULY11,1994 may present a danger to persons; 3) Seal all means of access to the four-storey vertical stack so as to eliminate the possibility of a person being injured by falling; 4) Carry out such work as is needed to remove the danger of a person being injured by falling through the openings in the floors; 5) Clear the stairways of all materials littering them; 6) Remove all glass remaining in the exterior windows and from the interior partitions; 7) Clear the floors of all materials littering them; 8) Secure the rearmost portion of the building to public entry; 9) Remedy the unsightly condition of the building by closing up all exterior openings using materials and structure designed to resist prolonged exposure to the elements and constructed in such a manner so as to present a uniform exterior appearance over all of the building: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve notice upon Geneva Roth Holdings I Ltd. in accordance with section 190(4), which requires it to either demolish the Nurses Residence or carry out the aforesaid work to remedy the dangerous and unsightly conditions within 60 days of the service of the notice upon them: BE IT FURTHER RESOLVED that in the event that Geneva Roth Holdings I Ltd. does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an order which would require Geneva Roth Holdings I Ltd. to either demolish the Nurses Residence or carry out the aforesaid work to remedy the dangerous and unsightly condition within 15 days or such further time as the Court deems appropriate. Question being taken, the motion was carried. 26. Section 101 AQreement, 159 Metcalf Street Consideration was given to a letter from the Planning Advisory Committee submitting a copy of Planning staff's report concerning an application by Inch & Secord Consultants Ltd. for a variance with regard to 40 Adelaide Street, the applicant having submitted a proposal to provide the additional required parking spaces one block from the subject site on the property at 159 Metcalf Street; advising that the Committee decided that variances with respect to lot area and off-street parking should be granted to permit the conversion of the building at 40 Adelaide Street to 6 dwelling units and a glass business, subject to the following provisions:- (1) two on-site parking spaces are maintained at 40 Adelaide Street as indicted on a plan to be approved by the Development Officer; (2) five off-street parking spaces are provided on the property at 159 Metcalf Street (NBGIC Number 374876), when the apartments are available for occupancy; and (3) a Section 101 Agreement between the City, the applicant and the owner of 159 Metcalf Street be executed to ensure that 5 off-street parking spaces are made available for the applicant's tenants at 40 Adelaide Street, with appropriate clause to provide for notice in the case that the parking is no longer available; and recommending that Common Council authorize the execution of a Section 101 Agreement to incorporate the conditions of the Planning Advisory Committee. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the execution of a Section 101 Agreement with regard to 159 Metcalf Street to incorporate the conditions of the Planning Advisory Committee as indicated in the Committee's submitted report. Question being taken, the motion was carried. 84-747 COMMON COUNCIL JULY11,1994 27(a). Minister of Municipalities, Culture and Housing Council's Request For "Pooper Scooper" By-Law Consideration was given to a letter from the Minister of Municipalities, Culture and Housing responding to Common Council resolution of May 16, 1994 requesting an amendment to the Municipalities Act for a "pooper scooper" by-law, to the effect that the Department has taken positive actions in this regard and a proposed legislative amendment is currently being drafted which would give municipalities broader empowerment in terms of animal control which would encompass not only "pooper scooper" by-laws but other areas of animal control; and advising that the amendments could be tabled in the Legislature in the near future, perhaps as early as this fall. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Minister of Municipalities, Culture and Housing responding to Common Council resolution of May 16, 1994, requesting an amendment to the Municipalities Act for a "pooper scooper" by-law, be referred to the City Solicitor. Question being taken, the motion was carried. 27(b). Minister of Municipalities, Culture and Housing Council's Request For Pet Establishment Standards Read a letter from the Minister of Municipalities, Culture and Housing responding to Common Council resolution of May 16, 1994 requesting the Province to consider developing a regulation relating to pet establishment standards; advising that, based on his presumption that the City is hesitant to adopt a by-law in the absence of a Provincial regulation resulting from s.s.95.2(3) which gives municipalities the power to pass by-laws which provide additional or higher standards than those adopted by the Province, in the absence of Provincial regulation, municipalities are not precluded from adopting their own by-laws and that the Act is intended to permit the Province to establish pet establishment standards if it wishes to do so and also to permit municipalities to establish such standards provided that they cannot be less or conflict with those that the Province might wish to establish; and expressing the view that, since no standards have been established by the Province, a municipality can establish its own standard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Minister of Municipalities, Culture and Housing responding to Common Council resolution of May 16, 1994, regarding pet establishment standards, be referred to the City Solicitor. Question being taken, the motion was carried. 28. David Cossaboon, Use of Fort Howe Area On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the letter from David Cossaboon requesting permission to take his hot dog cart to Fort Howe during the City's fire works displays -- be received and filed and permission be granted. The motion initially proposed by Councillor M. Vincent was to refer the above request to the City Manager for a report and recommendation, such motion subsequently changed upon Mr. Robichaud's advice that the area in question is not a restricted or prohibited site; therefore, Mr. Cossaboon could go there right now without a license. 84-748 COMMON COUNCIL JULY11,1994 Question being taken, the motion was carried. 29. Manford M. Thompson Construction Co. Ltd. Application For Section 39 Amendment To Re-ZoninQ Of Portion Of Honeysuckle Drive On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED the application of Manford M. Thompson Construction Co. Ltd. for an amendment to the Section 39 conditions of re-zoning of a portion of Honeysuckle Drive 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 22, 1994. Question being taken, the motion was carried. 30. Form Letter Re Adult Video Stores On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the form letter from Cyrus Blanchet urging Council to develop and implement a by-law that would control the number and location of adult video stores -- be received and filed. Question being taken, the motion was carried. 31. Bernard Savoie - Old General Hospital On motion of Deputy Mayor McAlary Seconded by Councillor M. Vincent RESOLVED that the letter from Bernard Savoie suggesting that, when the Old General Hospital is torn down, the rubble should be used to fill in the rest of the east side of Courtenay Bay, and also that the dead pines in front of Harbour Station and the second or third set of trees on Main Street should be replaced with a hardier tree -- be referred to the City Manager. Question being taken, the motion was carried. 32. Phyllis Hanlon - Request For Grant Equal To Green Fees At Rockwood Park Golf Course On motion of Deputy Mayor McAlary Seconded by Councillor Gould RESOLVED that the letter from Phyllis Hanlon requesting a grant equal to the green fees at the Rockwood Park Golf Course for a Ladies Invitational set on July 27 in memory of Eileen Donovan -- be referred to the City Manager. Question being taken, the motion was carried. 33. Prude Inc. - Request For Grant Equal To Rent For Space At City Market On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from Prude Inc. requesting funding support equal to the rent for the space occupied by it within the City Market building for the period July 1, 1994 to June 30, 1995 -- be referred to the City Manager. 84-749 COMMON COUNCIL JULY11,1994 Question being taken, the motion was carried. 6. Geneva Roth Holdings II Ltd. Unsightly Premises By-Law Boiler House Building & Chimney Stack, 199 Waterloo Street Notice had been given to Geneva Roth Holdings II Ltd., owner of the parcel of land located between the north side of Waterloo Street and the south side of City Road (NBGIC Number 14514) to appear at this meeting of the Common Council to show cause, if any, why Common Council should not find the Boiler House Building and Chimney Stack at 199 Waterloo Street to be dilapidated or deteriorated so as to be dangerous and unsightly and to require the owner to remedy the situation by either demolishing the Boiler House Building and Chimney Stack or by carrying out the work set out in Schedule "D". No person was present to speak in opposition to or in support of the proposed action. Consideration was given to a report from the Acting City Manager advising that the former General Hospital complex has deteriorated since the last report to Common Council in July 1993 which described the buildings in the complex as being "dangerous" and "unsightly", and that, while discussions have taken place in the past with both the owner of the above-mentioned property and the Province concerning the subject complex, the problem remains and must be addressed; noting that the "Interns Residence" and the "Main Building and Perimeter Road" were addressed in previous reports to Council; apprising Council of the interior dangers and exterior appearance of the Boiler House, and of the deterioration of the chimney as revealed in an inspection of same on June 13, 1994, the Boiler House having become dilapidated and/or deteriorated so as to be both dangerous and unsightly, with its interior easily accessible to the public, including children, and the Chimney deteriorating; and recommending that Common Council adopt the submitted resolution contained in Schedule "E" of the submitted "Notice to Appear" or such other resolution as it deems appropriate. Mr. Steeves expressed the opinion that the Boiler House and Chimney are extremely deteriorated and dilapidated and in a dangerous and unsightly condition; and recommended that Council adopt the resolution submitted with the above report. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the following resolution be adopted, namely:- WHEREAS the records in the Saint John County Registry Office show Geneva Roth Holdings II Ltd. to be the owner of the parcel of land located between the north side of Waterloo Street and the south side of City Road in the City of Saint John, in the County of Saint John and the Province of New Brunswick, the said parcel of land being identified as Parcel 14514 on the portion of the New Brunswick Geographical Information Corporation plan which was submitted as Schedule "B" and being more particularly described in the Schedule "A" which was submitted hereto and was attached to the Deed to Geneva Roth Holdings Ltd. from W. S. Reid Chedore In Trust which was dated November 30, 1990 and was recorded in the Saint John County Registry office on November 22, 1991 in Book 1540 as Number 374557 at pages 447-453; AND WHEREAS the property is located in an area mentioned in the By-Law entitled, "A By-Law Respecting Dangerous or Unsightly Premises Within The City Of Saint John"; AND WHEREAS there are located upon this property a Boiler House building and a Chimney Stack which are hereinafter referred to as "the Boiler House and Chimney", the Boiler House and Chimney shown on the submitted Schedule "C" and their location on the parcel of land is approximately as shown on the submitted Schedule "B"; AND WHEREAS the Boiler House and Chimney are dilapidated or deteriorated 84-750 COMMON COUNCIL JULY11,1994 so as to be in a dangerous and unsightly condition, the particulars of such dilapidation or deterioration and such dangerous and unsightly condition, as well as the work needed to remedy the condition, are set out in the report of David Crawford which is dated June 16, 1994 and the further report to Common Council from the City Manager and others which is dated June 28, 1994; AND UPON reading and considering the opinion of Glen Tait, Fire Chief of the City of Saint John, set out in his letter dated April 22, 1994 to Mr. Burt Steeves, Deputy Building Inspector, and also the opinion of David J. Sherwood, Chief of Police of the City of Saint John, set out in his letter dated December 23, 1993 to Mr. Steeves: BE IT RESOLVED that Geneva Roth Holdings II Ltd. is hereby required to remedy the dangerous and unsightly condition of the Boiler House and Chimney within 60 days after a notice from the Building Inspector of the City of Saint John is served upon it in accordance with section 190(4) of the Municipalities Act of New Brunswick, by either demolishing the Boiler House and Chimney or by carrying out the following work: Boiler House 1) 2) 3) 4) 5) 6) 7) 8) Chimney 1) Carry out such work as is needed to prevent easy access to its interior; Remove any and all debris from the interior stairway leading from the top floor to the lower level; Remove all glass remaining in the window frames; Clear the floors of all materials littering them; Seal the hatches on the southerly roof immediately below the parking area; Clear the southerly roof immediately below the parking area of any material littering it; Secure any loose brickwork on the south westerly side wall at roof level; Remedy the unsightly condition of the building by closing up all exterior openings using materials and structure designed to resist prolonged exposure to the elements and constructed in such a manner so as to present a uniform exterior appearance over all of the building; Preserve the structure by performing such work as is necessary to restore its ability to resist the elements: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve notice upon Geneva Roth Holdings II Ltd. in accordance with section 190(4), which requires it to either demolish the Boiler House and Chimney or carry out the aforesaid work to remedy the dangerous and unsightly conditions within 60 days of the service of the notice upon them: BE IT FURTHER RESOLVED that in the event that Geneva Roth Holdings II Ltd. does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an order which would require Geneva Roth Holdings II Ltd. to either demolish the Boiler House and Chimney or carry out the aforesaid work to remedy the dangerous and unsightly condition within 15 days or such further time as the Court deems appropriate. Question being taken, the motion was carried. 34. Municipal Golf 2000 - Privatization of Golf Course On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Municipal Golf 2000 following up its letter considered by Council on June 27 expressing concerns 84-751 COMMON COUNCIL JULY11,1994 about the possibility of placing the Rockwood Park Golf Course under outside management -- be referred to the City Manager. Question being taken, the motion was carried. (The Mayor withdrew from the meeting whereupon Deputy Mayor McAlary assumed the chair.) 35. Richard Burbridge Application To Re-Zone 222 CottaQe Road On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the application of Richard Burbridge for the re-zoning of 222 Cottage 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 22, 1994. Question being taken, the motion was carried. 36. Hughes Surveys & Consultants Ltd. Application To Re-Zone 284,285,290,295 Simms Street On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the application of Hughes Surveys & Consultants Ltd. the re-zoning of 284, 285, 290 and 295 Simms 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 August 22, 1994. Question being taken, the motion was carried. 37. FCM - Request For Resolutions On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the memorandum from the Federation of Canadian Municipalities requesting resolutions for consideration at the September 1994 Meeting of the FCM National Board of Directors by no later than August 15 -- be referred to the City Manager for submission of suitable resolutions for Council's consideration. Question being taken, the motion was carried. 38. Atlantic Coastal Action Program Residential Water Conservation On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the letter from Michael R. Richard, President of the Atlantic Coastal Action Program (ACAP) Saint John outlining ACAP's concern that the proposed agreements between the City of Saint John and the Irving Group of companies may compromise its ability to address water conservation with the residential sector; and requesting that the City consider adopting a water conservation policy that includes water-pricing formulas for all users of water based on the principle that the price per litre increases as the consumption of water by each user increases -- be referred to the City Manager for consideration. Question being taken, the motion was carried. 84-752 COMMON COUNCIL JULY11,1994 (Councillor M. Vincent withdrew from the meeting.) *38A. Bandstand, North Market Wharf On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Acting City Manager, Market Square, in cooperation with Festival By The Sea, be permitted to provide performances on the Bandstand on North Market Wharf until 12:30 a.m. on August 5,6, 12 and 13, 1994. Question being taken, the motion was carried. *38B. Rockwood Park Horse Barn and Children's Farm On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, the amount of the performance bond under the agreement with Mr. Michael White for the operation of the Horse Barn and the Children's Farm at Rockwood Park be reduced to $2,000. (Councillor Trites withdrew from the meeting.) Mr. Robichaud explained that the nature of the performance bond of $10,000 is that, if for some reason or other, the developer decided to back out of the issue, the City of Saint John could carry out and operate the Children's Farm and the Horse Barn in the manner in which the developer set out in his proposal; and that his suggestion to Council relative to the reduction of the performance bond is that the City would, in fact, close the facility down and just not operate it. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". *38C. Rockwood Park Waterslide On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, subject to the directed work being performed to the satisfaction of the Assistant City Manager - Operations, authority be granted for execution of a license agreement with Rockwood Park Waterslides Ltd. for operation of the waterslide at Rockwood Park. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) 7. Uptown Saint John Inc. City Market Animation Project (Councillor Trites re-entered the meeting.) Mr. Don Hazen, Urban Design Committee Chair and Director of Uptown Saint John Inc., appeared before Council and, having noted the presence at the meeting of General Manager of Uptown Saint John Laura Johnson and Board member Diana Alexander, and volunteers from the organization J. Whitaker, B. Cormier, P. Asimakos and D. Kochel, commented on the progress being made on the City Market Animation Project, including the formation of a Public Art Committee to enhance and animate uptown spaces and support the arts community by providing an outlet for artistic expression. Mr. Hazen, through a slide presentation, commented on the 84-753 COMMON COUNCIL JULY11,1994 Committee's public art work competition for a piece to embellish the new clock on the Germain Street face of the City Market, and introduced local artist Carol Taylor, the winner of the four finalists, who submitted a piece entitled, "Figurehead", an eye-catching stylized female figure finished in clay tiles of a style related to the female figureheads that often adorned the bows of ships. The Mayor thanked Mr. Hazen and the members of his delegation for their presentation. On motion of Deputy Mayor McAlary Seconded by Councillor Chase RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. Common Clerk