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1994-09-26_Minutes 84-860 COMMON COUNCIL SEPTEMBER 26, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-sixth day of September, AD. 1994, at 4:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Knibb, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; D. Logan, Purchasing Agent; B. Steeves, Building Inspector; G. Tait, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor A Vincent Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on September 19, 1994, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor Higgins advised of his meeting earlier this date with representatives of the Saint John Police Department, the Rothesay Regional Police and the R.C.M.P. who are involved in a run across the Province of New Brunswick for the Special Olympics, and that Saint John will be hosting the winter session of the Special Olympics in February 1995; commented on the September 26 and 27 Port Days being held in the City; and extended a message of sympathy to the families of the late Lana Sherwood who passed away on September 21, and the late Harry W. Ells, retired Police officer, who passed away on September 25. The Mayor proclaimed September 27 to be McHappy Day in support of the fund-raising efforts of McDonald's Restaurants for Ronald McDonald children's charities of Canada and local children's charities; and October 2 to be the Investors Group Lung Run Day, in the City of Saint John; and commended Intergovernmental Affairs Officer Ed Farren for his efforts in organizing, in conjunction with UNBSJ and local companies, the Business Network Conference in Saint John over the past weekend. * Added Items On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the City Manager's report on the sale of 55 Canterbury Street (copies of which were distributed to Council 84-861 COMMON COUNCIL SEPTEMBER 26, 1994 members at this meeting) be added to the agenda of this meeting for consideration as item 12A. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the City Manager's update report on the Irving Pulp and Paper Mill at 408 Mill Street (which was on the Committee of the Whole agenda of this date) be added to the agenda of this meeting for consideration as item 12B. Question being taken, the motion was carried. 4. Westmorland Road At MarQaret Street On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Councillor Rogers referring to the blind knoll on Westmorland Road at Margaret Street in that just at its top the school bus stops to pick up and let off children in the area; advising that it has come to her attention that there have been some very close calls with children leaving the school bus to go to their homes across the street; and requesting that this item be referred to the Police Commission in regard to the enforcement of speed regulations in the area, and that a sign or flashing light be erected and a crosswalk be painted on the roadway near the stoppage area of the bus; and also requesting that this matter be referred to Anne Marie McGrath, Superintendent for School District 8, for her comment -- be received and filed and the item be referred as requested. During discussion the City Manager was asked to follow-up on a matter previously referred to staff respecting Mrs. O'Brien's property across from 207 Westmorland Road, and to look at the crosswalk in the area of City Hall on Water Street in view of the heavy traffic, as well as to include street maps in reports to Council depicting properties under discussion. Question being taken, the motion was carried. 5. Tender For Ventilation System At City Market On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the tender of J. E. Wilson Roofing Ltd., in the amount of $19,942 (all taxes included), be accepted for the supply and installation of a ventilation system at the City Market. Question being taken, the motion was carried. 6. Tender For HiQhwav Salt On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Akzo Nobel Ltd., at the prices as indicated in the submitted bid summary, be accepted for the supply of highway salt for a period of one year. Question being taken, the motion was carried. 84-862 COMMON COUNCIL SEPTEMBER 26, 1994 7. Tender For Municipal CastinQs On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the tender of I.M.P. Group Ltd., at the prices as indicated in the submitted bid summary, be accepted for the supply of municipal castings for a period of one year. The request was made during discussion for the City Manager, in future tender reports, to include the name of the successful bidder, the cost of and amount budgeted for the particular tender in the previous year, and also to submit such information respecting the above tender to Council at the next meeting. Question being taken, the motion was carried. 8. Tender For Water Meters On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender for the supply of new cold water meters be awarded on the basis of the lowest bidder in each case, as indicated in the submitted bid summary. Question being taken, the motion was carried. 9. Tender For Contract 94-22 On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, contract 94-22, water and sewer renewal - Edward Street, be awarded Fairville Construction Ltd., at the tendered price of $237,695, 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. Trees On ManawaQonish Road Consideration was given to a report from the City Manager, further to the previously-submitted report that was tabled by Council on September 6, in response to the September 6 presentation by the Manawagonish Road Tree Preservation Committee, advising that staff has had the opportunity to review the documentation and has met with the Committee which resulted in staff conducting a tour of the street on September 16 with representatives of the Committee to point out the defects of the trees in question, and both Parks Department staff and the Committee have come to a consensus on the tree removals and replacement; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the report tabled on September 6 regarding trees on Manawagonish Road be taken from the table and that the following amended recommendations be adopted, namely:- (1) the 23 trees identified by the City and members of the Manawagonish Road Tree Preservation Committee be removed immediately; (2) the City Solicitor review the report and report back to Council with directions as to any legal implications associated with liability; (3) the Parks Department encourage the establishment of groups that wish to become stewards of the urban forest; (4) the Parks Department and the City Solicitor draft policies and by-laws aimed at tree 84-863 COMMON COUNCIL SEPTEMBER 26, 1994 protection; (5) the Parks Department, with the assistance of the Arbor Day Committee, develop "adopt-a-tree" programs; (6) the Parks Department work toward the development of an urban forestry section within that Department to address the issues facing Saint John's urban forest; and (7) the Manawagonish Road Tree Preservation Committee be encouraged to continue its work as an advocate for tree care and assist the City in working with residents to raise the awareness of the value of the urban forest. Question being taken, the motion was carried. 11. GarbaQe Collection In OutlvinQ Areas On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that the existing contract for the provision of garbage collection in outlying areas expires in December of this year and Dominion Refuse Collectors has requested staff to consider a twelve-month extension to the existing contract as an alternative to calling tenders; and recommending that, in the City's best interests, the existing contract with Dominion Refuse Collectors for the collection of residential solid waste, for a period not to exceed twelve months, be extended, commencing immediately following the existing contract expiry date of December 31, 1994 -- be received and filed and the recommendation be adopted. Question being taken, the motion was carried. 12. Tender For Contract 94-20 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, contract 94-20, Garden Street intersection reconstruction - Provincially-designated highways, be awarded to the low tenderer, Classic Construction Ltd., at the tendered price of $264,877.40, 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. *12A. 55 Canterbury Street Consideration was given to a report from the City Manager advising that, further to Common Council resolution of September 12, 1994 regarding the sale of 55 Canterbury Street to Marcel Doucet, the solicitor for the purchaser has requested that the purchaser be changed to Marcel J. Doucet and Granville S. Henderson; and recommending that the resolution be amended accordingly. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, Common Council resolution of September 12, 1994 relative to the sale of 55 Canterbury Street be amended by changing the name of the purchasers to Marcel J. Doucet and Granville S. Henderson. Question being taken, the motion was carried. *12B. IrvinQ Pulp & Paper Mill. Mill Street On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the update report 84-864 COMMON COUNCIL SEPTEMBER 26, 1994 from the City Manager advising that, in response to a question regarding the possible requirement for a building permit for the recent shut down of the Irving Pulp & Paper Mill at 408 Mill Street, no building permit is required as staff was advised that the work done involved maintenance to process equipment and, under the Building By-Law, a building permit is required for maintenance to buildings but not to process equipment inside the buildings; and also advising that staff has been informed that next year will involve the buildings and the Mill management is aware of the requirement and will ensure that a building permit is obtained -- be received and filed. Question being taken, the motion was carried. 13. Amendment To BuildinQ Bv-Law Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report with regard to a proposed amendment to the Saint John Building By-Law, which was given first and second readings by Council on September 19; and recommending that Council adopt the submitted amendment to the Saint John Building By-Law. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "By-Law Number C.P. 101-12 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", to allow a temporary occupancy permit to be valid for eighteen months rather than one year, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 101-12 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Councillor A. Vincent made the observation that he was not in receipt of the report requested from staff on the number of outstanding building permits. 14. Cantec - Request To Present Proposal For Old General Hospital. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Cantec requesting the opportunity at this meeting to present an unsolicited proposal for the rejuvenation and redevelopment of the old General Hospital building to turn the structure into an energy efficient "green" building, utilizing key elements of the existing building form, encompassing new structures which permit current proposals for a Provincial court and a new central police facility to be met -- be received and filed. Mr. Totten, in response to Council queries, commented on the above request on the basis that he had met with representatives of Cantec on two occasions prior to last Friday and his view that staff, still working with Maxim and under the tight schedule and deadline, will be proceeding on that basis and, if the Cantec representatives have a credible proposal, Council would be well served to hear from them at some point, but he would not propose to stop anything currently being done. Mayor Higgins, in concurring with the motion to receive and file, suggested that the cost of being involved with an environmental "green" group would be very prohibitive; and advised that, without any basic justification for this, he would be very dubious about considering a request for the complete restoration of what he considers an absolute mess at the subject site. Deputy Mayor McAlary spoke against the motion based on her understanding that Cantec has expressed an interest in this and other proposals in the City, has met with the City Manager and Maxim Construction, as well as with 84-865 COMMON COUNCIL SEPTEMBER 26, 1994 Solicitor General Jane Barry and the Deputy Minister to the Premier Georgio Gaudet, and that Enterprise Saint John has met and will meet again with Cantec; and suggested that, while a meeting with Common Council may come to nothing or Cantec may have something worthwhile listening to, it is not known at this point in time whether or not any proposal of Cantec would work. Councillor Rogers expressed opposition to the motion in that anyone has the right to come before Council and that the motion should be to refer the matter to the City Manager for a report to Council. In response to Mayor Higgins' query as to whether or not the mover of the motion would withdraw it, Councillor Knibb responded in the negative. Councillor A. Vincent advised his opinion that everyone has the right to be heard, and that he would like to have the opportunity to ask questions of Cantec, in the Council Chamber. Question being taken, the motion was carried with Deputy Mayor McAlary and Councillors Rogers and A. Vincent voting "nay". 15. Application OfWm. P. Dowd & Sons Ltd. Re-ZoninQ Of Property Somerset Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Wm. P. Dowd & Sons Ltd. for the re-zoning of property at 535 Somerset 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 October 31, 1994. Question being taken, the motion was carried. 16. Application Of St. Joseph's Hospital Re-ZoninQ Of Property Castle & GoldinQ Streets On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of St. Joseph's Hospital for the re-zoning of property on Castle and Golding Streets 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 October 31, 1994. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk