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1994-08-08_Minutes 84-77 4 COMMON COUNCIL AUGUST 8, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of August, AD. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; B. Morrison, Director of Parks; D. Logan, Purchasing Agent; B. Steeves, Building Inspector; J. Baird, Manager - Development Division, Planning; J. Mcintyre, Manager of Industrial Relations; R. Murray, Senior Transportation Policy Advisor; D. Sherwood, Chief of Police; A Bodechon, Assistant 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 Reverend Jack Fancy of Kings Valley Wesleyan Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on July 25, 1994, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks The Mayor advised that, through Member of Parliament Paul Zed, he has made arrangements for The Honourable Doug Young, Minister of Transport, to meet with Council on transportation items, on either August 30 or 31, and that he would let Council know within the next week or so of the actual date and time. Councillor M. Vincent, referring to news releases issued by the Saint John Flames (copies of which were forwarded to Council members as an information item), noted the international hockey tournament coming to Harbour Station December 15 through 18. * Added Items On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the following items which were considered in Committee of the Whole earlier this date be added to the agenda for consideration at this meeting as items 5A, 5B and 5C, respectively:- (1) a tentative agreement with Local 486, CUPE; (2) a tentative agreement with Local 18, CUPE; and (3) Local 771, IAFF, contract negotiations. Question being taken, the motion was carried. 84-775 COMMON COUNCIL AUGUST 8, 1994 Motion Of Condolence On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that the Common Council of the City of Saint John extend condolences to the family of the late Mr. Ronald Russell, who passed away on August 6, 1994. Question being taken, the motion was carried. Motion Of ConQratulations On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the Common Council of the City of Saint John extend congratulations to Saint John MLA Leo McAdam on his appointment as Minister of Economic Development and Tourism for the Province of New Brunswick, and wish him well in his portfolio. Question being taken, the motion was carried. The Mayor welcomed to the Council Chamber Mr. Sylvester Dalton, Canada's oldest active horseshoe player who will be 101 years of age on August 10 and, at the Mayor's invitation, Mr. Bob Donovan addressed Council concerning a challenge and horseshoe tournament to take place on August 13, the challenge being from Mr. Dalton, with proceeds from this challenge to go towards the 1995 Senior Friendship Games and the National Horseshoe Championships to be held in Saint John in 1997; and recognized the presence at the meeting of Mr. Dalton and other members of the Club. At the Mayor's suggestion, those present in the Council Chamber wished Mr. Donovan a happy birthday in song. 4. Amendment To Section 39 Conditions Old General Hospital Property 189 Waterloo Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the conditions attached to the September 29, 1986 re-zoning of the Old General Hospital site at 189 Waterloo Street (NBGIC Numbers 13326,14514,14522,14530,16105,16113,16121,16139 and 55048334), to accept a revised proposal to permit the demolition of the existing buildings and the development of a building to house the Provincial courts and other related Provincial issues, a police headquarters building, and a commercial building, as requested by Maxim Management Services Inc., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its August 2 meeting at which Mr. Pat Hanlon expressed agreement with Planning's recommendation; and recommending that (1) Common Council amend the conditions attached to the September 29, 1986 re-zoning of the Old General Hospital site at 189 Waterloo Street (NBGIC Numbers 13326, 14514, 14522, 14530, 16105, 16113, 16121, 16139 and 55048334), to accept a revised proposal to permit the demolition of the existing buildings and the development of a Provincial justice facility and Provincial offices, a police headquarters and a commercial building, subject to the following conditions:- (a) development of the site must be in accordance with a detailed site plan, to be prepared by the proponent, indicating building locations, parking facilities, vehicular and pedestrian circulation areas and landscaping; (b) no development may occur, other than demolition and site preparation, until an acceptable site plan mentioned in (a) is approved by the Development Officer; (c) the number of off-street parking spaces and the size, number and location of signs for the complex must meet the Zoning By-Law's requirements for the "B-2" General Business zone; (d) the uses permitted in the commercial building shall have a maximum area of 10,000 square feet restricted to those uses permitted in the "B-2" General Business zone, and are subject to the standards of the Zoning By-Law for "B-2" uses; (e) the nine parcels comprising the subject site may be consolidated and resubdivided into no more than five separate 84-776 COMMON COUNCIL AUGUST 8, 1994 parcels, as follows: (i) a lot comprising the proposed justice complex and Provincial offices; (ii) a lot comprising the proposed police headquarters; (iii) a lot comprising the proposed commercial building; (iv) a lot fronting on Delhi Street to remain vacant until such time as a use is approved by further amendment to these conditions; and (v) a lot at the end of Ritchie Street to remain vacant until such time as a use is approved by further amendment to these conditions; and (f) the resubdivision of the site shall not occur until all existing buildings are demolished; (2) Common Council assent to a subdivision plan prepared in accordance with the requirements of the above-noted resolution, including a public street off Waterloo Street and any necessary municipal service and public utility easements; and (3) the resolutions of Common Council, adopting the above-noted proposal and amended conditions, not be registered (and therefore not become effective) until such time as both the City and the Province have agreed to participate in the proposal and the ownership of the subject site is transferred to the applicant. Mr. John King, Secretary-Treasurer of the Saint John Law Society, appeared in support of the above-proposed amendment on behalf of the Society; advised that the Society is very interested in the proposal to demolish the buildings at the Old General Hospital site and in the possibility of the location there of a new police facility and some justice facilities as well; and also advised that the Society, having held a very-hastily called meeting earlier this date which was attended by about only thirty of its members, in two weeks time by written notice will have another meeting to review this issue and consider the possible placement of justice facilities that are elsewhere in the City on the subject site for a combined justice complex, including not just the Provincial courts, but the Queen's Bench and other facilities that are in the Provincial Building at 110 Charlotte Street, and a resolution is expected to come forward from the Society's meeting two weeks from today. During discussion Mr. King advised that, while he cannot officially go on record on whether or not the Society favours the Old General Hospital site for the location of a justice facility until the Society has its meeting in two weeks time, some among the Society's membership lean toward the King Street East site; and confirmed that the Society will consider the possible placement of all the justice facilities, not just the Provincial courts, on the subject site. Mr. Warren VanWart, a member of the Canadian Union of Public Employees, Local 61, appeared before Council on behalf of Union President David Parks and members of Local 61 ; and advised that the Local wants to go on record as being in favour of the proposed amendment with regard to the subject property on Waterloo Street in that over the past few years the site has been an eyesore, as well as a danger to citizens of the City, and many of the Local's officers have gone into buildings on the property to search for people in it and, for whatever reason they are in there, they are citizens of the City; and it is hoped that, with the proposed amendment, the buildings will be torn down, getting rid of the eyesore and the danger. Mr. VanWart re-iterated the Union's support for the project and concluded that, hopefully in time, the Union will get a new Police Station out of it. Mr. Kirk McCullogh of Fairwyn Developments, the development consultant for the proposed project, addressed Council in support of the proposed amendment; noted that Maxim Management Services Inc. has an option on the Old General Hospital site and ahs put forward proposals to both the City and the Province for two buildings on the site, one for a police headquarters to tie into when the lease expires in the City Hall building, and the second for a Provincial building, with the suggestion since the initial proposal being that it would be appropriate for this building to be a justice facility consistent with consolidation of the courts; and advised that the proposal is for public-private partnerships, each structured differently, pursuant to the needs of the City of the Province, and that, following discussion with the staff of both levels of government, the applicant will be coming forward to the City seeking approval of the proposal when staff has finished its reports, as well as seeking approval from the Province. Mr. McCullogh commented on the size and design of the proposed project, as well as on the landscaping, parking and the creation of a new street; and made the observation that the requested amendment is conditional in that, if either the City of the Province does not enter into an agreement with the applicant for the development of either of the buildings, the application would not proceed. Mr. McCullogh explained that the reason for seeking the amendment prior to having approved agreements in place is that, if the proposal is to proceed, the applicant must proceed immediately because demolition will take six months or longer and, in order to have the buildings ready for the spring of 1996, there is 84-777 COMMON COUNCIL AUGUST 8, 1994 a need to start in the spring of 1995; and also advised that the usage on the site would be much less intense than that currently there and also that the only office space that would be on the site would be office space ancillary to the court of the police facilities proposed and, other than that, there would be no general office space or buildings targeted for the general public. During discussion Mr. McCullogh responded to Council queries relevant to the timing of the project in view of the duration of the option on the site; when a response is expected from the Province on the proposal; the proposed method of demolition of the buildings on the subject site; and the possibility and feasibility of other development on the property. Councillor Rogers expressed concern that Council, in considering the proposal for a new police facility, has no concept as to whether or not it has the necessary funds or how it would fund such a project, nor has Council had anything from the Saint John Police Commission indicating a drastic need of facility changes or on the issue of community policing in order to determine a need for a central building; and asked if it is possible for the owner of a parcel of land to come before Council with a request for an amendment for the reason of providing services for something the applicant would not own, i.e. a police station and a Provincial court system, in that, very much contingent upon an amendment being approved, is the reason for the request. Mr. Totten commented on the role of City staff in this matter, having been charged by Council following a presentation by the developer with the responsibility to work with the developer to review what was required in the subject building, to come up with an appropriate cost and a method of financing, as well as with the task of coming back to Council and clearly pointing out the cost to the community of entering into such a proposal; advised that, as indicated in the City Manager's update, staff would be prepared to come to Council with the cost and all other relevant information that Council would need to make a decision, and also that he would fully expect the Police Department to present its views in this regard and review once again with Council why it believes it is an appropriate step for the City to take; and made the observation that Council will be faced with a decision once it has this information available and is not being asked to make that decision at this time. Mr. Nugent expressed the understanding that Councillor Rogers' query is, in this case, whether or not Maxim could make an application to amend the proposal that has been approved by Council pursuant to Section 39 without Maxim having the unilateral ability to execute that proposal; that is, without the current agreement of the Province and the City to participate; advised that this answer to this question is in the affirmative in that the right exists to make that request to Council and, pursuant to the terms of Section 39 of the Community Planning Act, Council has a right to entertain that proposal; expressed the opinion that what Council does in approving a specific proposal pursuant to Section 39 of the Act is essentially to give merely the opportunity for a developer to pursue that proposal and the developer is not bound by Council's approval to pursue that proposal, but merely has the opportunity to do so; and concluded that, based on the application before Council at this time, it is his understanding that this is precisely Maxim's position in that it is seeking the opportunity to develop the subject site in a specific fashion, recognizing that it, itself, ultimately does not have the authority to pursue it, but would only pursue it with the agreement of the City and the Province of New Brunswick. Councillor A. Vincent expressed concern that a developer would meet with the Police Department and others and possibly get private information as to the City's needs for a Police station without a proper resolution of Council, and suggested that Council should have called for public proposals in this regard; and, with regard to the issue of an unsolicited proposal, Mr. Totten confirmed that certainly the proposal was unsolicited, and noted that Council was aware of the process staff was to enter into with the developer in terms of providing information and, in return, the developer was also providing staff with information, and that this process has been continuing over the last sixty days and will culminate in a report to Council in the very near future with respect to the pros and cons of this project. The Mayor advised that part (3) of the Planning Advisory Committee's above recommendation should be changed to indicate that the above-noted proposal and amended conditions are not to be filed, rather than registered. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council amend the conditions attached to the September 29, 1986 re-zoning of the Old General Hospital site at 189 Waterloo 84-778 COMMON COUNCIL AUGUST 8, 1994 Street (NBGIC Numbers 13326, 14514, 14530, 16105, 16113, 16121, 16139 and 55048334), to accept the revised proposal to permit the demolition of the existing buildings and the development of a Provincial justice facility and Provincial offices, a police headquarters and a commercial building, subject to the following conditions:- (a) development of the site must be in accordance with a detailed site plan, to be prepared by the proponent, indicating building locations, parking facilities, vehicular and pedestrian circulation areas and landscaping; (b) no development may occur, other than demolition and site preparation, until an acceptable site plan mentioned in (a) is approved by the Development Officer; (c) the number of off-street parking spaces and the size, number and location of signs for the complex must meet the Zoning By-Law's requirements for the "B-2" General Business zone; (d) the uses permitted in the commercial building shall have a maximum area of 10,000 square feet restricted to those uses permitted in the "B-2" General Business zone, and are subject to the standards of the Zoning By-Law for "B-2" uses; (e) the nine parcels comprising the subject site may be consolidated and resubdivided into no more than five separate parcels, as follows: (i) a lot comprising the proposed justice complex and Provincial offices; (ii) a lot comprising the proposed police headquarters; (iii) a lot comprising the proposed commercial building; (iv) a lot fronting on Delhi Street to remain vacant until such time as a use is approved by further amendment to these conditions; and (v) a lot at the end of Ritchie Street to remain vacant until such time as a use is approved by further amendment to these conditions; and (f) the resubdivision of the site shall not occur until all existing buildings are demolished; (2) Common Council assent to a subdivision plan prepared in accordance with the requirements of the above-noted resolution, including a public street off Waterloo Street and any necessary municipal service and public utility easements; and (3) the resolution of Common Council, adopting the above-noted proposal and amended conditions, not be filed (and therefore not become effective) until such time as both the City and the Province have agreed to participate in the proposal and the ownership of the subject site is transferred to the applicant. Councillor Knibb made the observation that the above proposal would resolve two problems, one with regard to a proper police facility, be it regional or for just the City Police, and the other to demolish a building that would cost between $1 and $2 million. Councillor Gould suggested that, if the King Street East site is to be abandoned, the Province should be asked to give back to the City the property which it gave to the Province for one dollar seven or eight years ago, and that the old County Court House with its spiral staircase must never be allowed to fall into rot and ruin and never become another vacant building in the heart of Saint John; and expressed the opinion that Council needs much more information on how, for example, this decision would tie into the renewal of the City's lease for the City Hall building in which the Police Department currently occupies one third of the space, and on what would happen to the vacant space, who would pay for it and who will be responsible for trying to rent it to others. Councillor Gould expressed the understanding that, in voting for the Section 39 amendment, he would be voting for the relocation of the Police Station; suggested that, with respect to the immediate problem of the demolition of the old structures in accordance with Council's recent directive having declared them dangerous and dilapidated, the final cost of demolition, regardless of who does it, will be charged back to those who rent the new structures, and that will include the City of Saint John; therefore, Council should table the matter until the Province indicates its intent and, when the deal is struck, the vote on this matter can be finalized; and commented on the issue of calling for proposals for any new police station or any City Hall Council may contemplate building on the basis of the City not having done so twenty-seven years ago when it created the present City Hall building and having had to cope with a bad situation ever since. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. (Councillors Chase and Trites withdrew from the meeting.) 84-779 COMMON COUNCIL AUGUST 8, 1994 5. Street Closing By-Law Amendment Partelow Street & Fire Lanes The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-Law amendment to close a portion of Partelow Street and Fire Lanes, and that no written objections were received in this regard. Josephine McCormick appeared in support of the proposed Street Closing By-Law amendment and, having introduced her sister Audrey Mcintyre, advised that they wish to buy the undeveloped part of Partelow Street which bisects lots 5 and 6, which they own; and explained that the portion of Partelow Street is no good for anyone but them in that, having advertised their property for sale, every developer runs into the problem of Partelow Street in that it can be used but not built on, and also that they have had three good developers who were interested but got disappointed or frustrated by trying to get things worked out; thus the reason for their presence at this meeting. On motion of Councillor Knibb Seconded by Deputy Mayor 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 regard to closing a portion of Partelow Street and Fire Lanes, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Rogers Seconded by Councillor Knibb 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 regard to closing a portion of Partelow Street and Fire Lanes, be read a second time. Read a second time 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". On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. *5A. Tentative Agreement With CUPE Local 486 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council: (a) ratify the tentative agreement, as submitted, reached with the Canadian Union of Public Employees, Saint John City Hall Employees' Local No. 486, C.L.C.; and (b) upon approval by the City Solicitor as to legality and form, the Mayor and Common Clerk be authorized to execute the agreement on behalf of the City. (Rescinded November 21,1994 Bk. 84 Pg. 938 ) Mr. Totten noting that Council is also to consider at this meeting a tentative agreement with Local 18 Outside Workers, expressed the opinion that both agreements reflect the financial realities in which the City now finds itself as well as the mandate given to the negotiating committee; and advised that, in monetary terms, both agreements call for settlements of zero in the current year and next year and 1.7% in the 84-780 COMMON COUNCIL AUGUST 8, 1994 third year, while the agreement with Local 18 contemplates a fourth and fifth year, and that both agreements reflect Council's commitment to employees as both include significant job security clauses for existing employees, recognizing that extending job security is adding to the risk of the municipality dealing with decreasing revenues, particularly in years 3, 4 and 5; nevertheless, what is being recommended is the result of a negotiation process, there being no legislative authority available to Council to impose a wage freeze and the Unions choosing not to use work stoppage to force a settlement. (Councillors Chase and Trites re-entered the meeting.) Mr. Groody highlighted the proposed three-year tentative agreement with Local 486 which resolves issues of job security, job transfer, remuneration for employees injured on duty bringing the provisions of the collective agreement in line with the amended Workers' Compensation Act, and the matter of medical and dental benefits, and moves towards direct deposit of payroll; and responded to Council queries in this regard. Question being taken, the motion was carried. *5B. Tentative Agreement With CUPE Local 18 On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, Common Council: (a) ratify the tentative agreement, as submitted, reached with the Canadian Union of Public Employees, Local #18 (Outside Workers); and (b) upon approval by the City Solicitor as to legality and form, the Mayor and Common Clerk be authorized to execute the agreement on behalf of the City. Mr. Groody highlighted the tentative five-year collective agreement with Local 18 which resolves a number of issues, such as remuneration for employees injured on duty, health and dental, includes agreement for direct payroll deposit, addresses the question of possible technological change, and proposes a wage increase of zero percent for 1994 and 1995, 1.75% for 1996, 2.75% for 1997 and 2.5% for 1998. Question being taken, the motion was carried. *5C. Contract Negotiations With Local 771. IAFF On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, Common Council authorize the City's chief negotiator, in consultation with the City Manager, to request in writing, in accordance with the relevant provisions of the Industrial Relations Act, that the Minister appoint a conciliation officer to assist the City to conclude a collective agreement(s) with IAFF, Local 771. Question being taken, the motion was carried, with Councillor M. Vincent voting "nay". (Mayor Higgins withdrew from the meeting whereupon Deputy Mayor McAlary assumed the chair.) 6. ProQress Payments - Contracts 93-20. 93-2 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 84-781 COMMON COUNCIL AUGUST 8, 1994 1. Contract 93-20, Spruce Lake Landfill, Phase II. Closure Galbraith Construction 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 August 2, 1994 $ 667,060.00 743,440.50 Nil 696,718.20 46,722.30 3,056.60 $ 46,722.30 2. Contract 93-2, Station Street, Phase 2 Street Reconstruction & ParkinQ Lot Construction QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 9 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 9, dated July 26, 1994 $1,229,634.90 1,449,770.64 2,537.24 1,430,355.71 16,877.69 1,104.15 $ 16,877.69 Question being taken, the motion was carried. 7. Tender For Compressor On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of APV Canada Inc., in the amount of $39,995 (plus taxes), be accepted for the supply of two new reciprocating compressors for the Lancaster Arena. Question being taken, the motion was carried. 8. Tender For SidinQ On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Erb's Enterprises Ltd., in the amount of $34,396 (all taxes included), be accepted for the supply and installation of metal siding to the Central Works Depot, Rothesay Avenue. Question being taken, the motion was carried. Housing Through Infill Development Grant Redpath Realtv Limited. 69-79 Ludlow Street Consideration was given to a report from the City Manager advising that Redpath Realty Limited has requested a further extension of the completion date of a Housing Through lnfill Development project at 69-79 Ludlow Street; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council extend the deadline for the completion of construction at 69-79 Ludlow Street to be eligible to receive the Housing Through lnfill Development grant to March 31, 1995, subject to the following conditions:- (1) Redpath Realty Limited take title to the property on or before August 31, 1994; (2) Redpath Realty Limited take out a building permit and have the foundation for the proposed two-unit 84-782 COMMON COUNCIL AUGUST 8, 1994 building completed on or before October 31, 1994; (3) should Redpath Realty Limited not take title by August 31, 1994, Common Council resolution of August 31, 1992, with respect to the sale of this land, is rescinded; and (4) should the foundation not be completed by October 31, 1994, Common Council resolutions of October 26, 1992 and July 5, 1993, with respect to the Housing Through lnfill Development grant for this project, are rescinded. Question being taken, the motion was carried. 10. Section 39 Conditions 3636 Westfield Road Saint John Marine Ltd. & Lovalist City Boatworks Consideration was given to a report from the City Manager submitting, further to the July 25 Council meeting at which time the public hearing was held and first and second readings were given to a proposed Municipal Plan amendment and re- zoning of property at 3636 Westfield Road, a recommendation for a resolution pursuant to Section 39 of the Community Planning Act limiting the use of the subject property. 10. 14{a). 14{b) and 14{c). On motion of Councillor Chase Seconded by Councillor Coughlan RESOLVED that the above report be laid on the table, along with items 14(a), 14(b) and 14(c), being third reading of the proposed Municipal Plan and re-zoning of 3636 Westfield Road, and the letters from Lynn A. Nason and Joseph C. Oliver requesting to address Council in this regard, be laid on the table to provide an opportunity for the applicant and the residents to meet with staff to discuss this issue, and staff to report to Council within two weeks. Question being taken, the tabling motion was carried. (Councillor Chase withdrew from the meeting.) 11. Transportation Issues On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager updating Council on transportation issues affecting the City of Saint John - - be received and filed and the City maintain close contact with local and national government officials to protect the interest of Saint John and to ensure the City is adequately served by all modes of transport. (Councillor Chase re-entered the meeting, and Mayor Higgins re-entered the meeting and reassumed the chair.) Question being taken, the motion was carried. 12. Proposals For Maintenance Service On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the proposal submitted by United Technologies Otis Ltd., in the net amount of $1,431 (plus tax) per month, be accepted for the provision of maintenance and repair service to one elevator and one set of escalators in the City Market pedway, and that the Mayor and Common Clerk be authorized to execute the documents necessary for the establishment of a five-year contract. Question being taken, the motion was carried. 84-783 COMMON COUNCIL AUGUST 8, 1994 13. Heat Build-Up In City Market On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager advising that, further to Council's consideration on July 25 of a letter from the Saint John City Market Merchants Association raising concerns about the heat build- up in the Market during the summer months, the Property Management Department has hired a ventilation consultant engineer to study the problem and to recommend solutions and it is expected that the contemplated work can be completed by the end of October -- be received and filed. Question being taken, the motion was carried. 13A. Ballfield At Simonds Junior HiQh School Read a report from the City Manager commenting, further to Council's consideration on July 25 of a concern about the condition of the infield at the Simonds Junior High School, on the following items:- (1) the possibility of replacing the infield with a higher quality of material; (2) maintenance levels at this field; and (3) a schedule and inventory of the field maintenance classification system used by the City; and submitting a recommendation with respect to the subject field. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) the City cost share the resurfacing of the Simonds Junior High School infield as requested by the East Suburban Little League; and (2) the City Manager's report in this regard be received and filed and a copy be forwarded to Mr. Kevin McCarville. Question being taken, the motion was carried. 15. Committee of the Whole Report Read a 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 appointment as recommended by the Nominating Committee:- ARBOR DAY COMMITTEE - Ronald Drisdelle be appointed, replacing Peggy Clark, who has resigned from the Committee. August 8, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 15(1). Appointment to Arbour Dav Committee On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 84-784 COMMON COUNCIL AUGUST 8, 1994 16. Committee of the Whole Report Read a report of the Committee of the Whole report (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on July 25, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, no further actions be taken on the proposals submitted for the development of Site "C" on Chesley Drive. 2. That as recommended by the City Manager, Public Works Canada be advised that the City of Saint John is not interested in acquiring its lands on the Old Red Head Road, identified as Parcels A, B & C on the submitted plan. August 8, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 16(1). Site "C" - Cheslev Drive On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 16(2). Public Works Lands On Old Red Head Road On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 16(3). 55 Canterbury Street On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that section 3 of the above report be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. 17. Five-Star Community Awards ProQram On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Marie E. White, Chairperson of the National Selection Committee for the Five-Star Community Awards Program, sponsored by the Federation of Canadian Municipalities, National Access Awareness Week and Human Resources Development, congratulating the City on its Star Awards for Housing, Employment and Recreation -- be received and filed. 84-785 COMMON COUNCIL AUGUST 8, 1994 Question being taken, the motion was carried. 18. Second Annual Hideaway Co-Ed Slo-Pitch Tournament - Use of Fields On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that the letter from Mr. R. D. Chandler, Tournament Chairman for the second annual Hideaway Co-Ed Slo-Pitch Tournament, requesting that the City of Saint John donate the use of the City ball fields to the Tournament at no charge on September 17-18 or, in case of bad weather, September 24-25, 1994 -- be received and filed and permission be granted for use of the City ball fields as requested. The motion initially proposed by Councillor Knibb and seconded by Councillor M. Vincent was to refer the above matter to the City Manager, such motion subsequently withdrawn, and the Mayor advised the City Manager indicated that he would recommend that permission be granted. Question being taken, the motion was carried. 19. W. C. Branscombe - Lovalist City Festival On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from W.C. Branscombe asking what happened to the Loyalist City Festival and if this is the best that can be done for this Saint John celebration -- be received and filed and a copy be forwarded to Mr. Eric Teed, Chairman of the Loyalist Days Festival. Question being taken, the motion was carried. 20. David F. Filliter - Acadian Games Grant On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from David F. Filliter referring to Council's approval of a grant to the Jeux de L'Acadie in the amount of $34,000 on the basis that this appeared to be an exceptionally generous grant at this present time of current financial restraints; and asking whether, at the time this grant was approved, Council was fully aware of the fact that a great many New Brunswick students of French heritage found guilty of attending an English school would be excluded from these Games and, if so, what could possibly promoted Council's decision and if, on the other hand, Council had not been made aware of these restrictions as set out in the policies of the Societe des Jeux de L'Acadie, would it not be entirely proper and appropriate to withhold or withdraw the grant pending complete reversal of this divisive ruling -- be received and filed. The Mayor advised that the above concerns have been addressed with the organizers. Question being taken, the motion was carried. 21. Lancaster Kiwanis Golden "K" Club - Marco Polo Proiect On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Lancaster Kiwanis Golden "K" Club in support of The Marco Polo Project -- be received and filed and a copy be forwarded to Mr. Barry Ogden of The Marco Polo Project Inc. Question being taken, the motion was carried. 84-786 COMMON COUNCIL AUGUST 8, 1994 22. Sheila Davidson - Summer Recreation ProQrams On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that the letter from Mrs. Sheila Davidson thanking Council for providing the recreation programs for children this summer -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk