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1994-12-19_Minutes 85-26 COMMON COUNCIL DECEMBER 19, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of December, AD. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; W. Edwards, Acting Director of Works; D. Logan, Purchasing Agent; J. Baird, Manager - Development Services, Planning; L. Graham, Manager, Data Processing; 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 Knibb Seconded by Councillor Trites RESOLVED that minutes of the meeting of Common Council, held on December 12, 1994, be approved. Question being taken, the motion was carried. 3. Municipal Plan Amendment 867 Grandview Avenue Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with a frontage of 50 feet and approximately 145 feet in depth located at 867 Grandview Avenue (NBGIC Number 434092), from Low Density Residential to District Centre Commercial classification, to permit the operation of a commercial business (fishing tackle and fly shop) from a building located in the rear yard, as requested by Geoffrey Plourde. 4. Municipal Plan Amendment 567 MillidQe Avenue Public presentation was made of a proposed Municipal Plan amendment, as amended by the Millidgeville Secondary Plan, to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 567 Millidge Avenue (NBGIC Number 41574), with an area of approximately 1600 square meters and a frontage of approximately 40 meters on Millidge Avenue, from Residential to Commercial classification, to permit the same parcel to be re-zoned to a "B-2" General Business zone for the purpose of converting the existing daycare facility to medical offices, as requested by Hughes Surveys & Consultants Ltd. / Atlantic Asthma & Allergy Center Inc. 85-27 COMMON COUNCIL DECEMBER 19, 1994 5. Mavor's Remarks Mayor Higgins extended an invitation to the members of Common Council and the public to attend the Mayor's Levee on New Year's Day, January 1, 1995; commented on his December 16 presentation to the Parliamentary Standing Committee on social security reform, as well as on his participation with Venue Saint John and others interested in sports in the City at a meeting with the Site Selection Committee for the Women's World Hockey Championship; and noted the TSN coverage of Harbour Station and Saint John during its broadcast of the New Brunswick Cup, and also that there will be no Council meeting the week of December 26, with the next regular meeting to be held on Tuesday, January 3, 1995 at 7:00 o'clock p.m. 6. Progress Payment Install Overhead Doors On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract Atlantic Windoor Ltd. PC100847 Install overhead doors Rothesay Avenue/Stu Hurley Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated December 6, 1994 Holdback release. Nil 11,039.80 $ 1,948.20 $12,988.00 12,988.00 Question being taken, the motion was carried. 7. Progress Payments Contracts 94-15. 94-11 On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 94-15, Painting CottaQe Road Standpipe Jamac Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated December 9, 1994 Final holdback release $ 6,039.48 $ 40,400.00 40,263.20 Nil 34,223.72 6,039.48 395.11 2. Contract 94-11, Chipseal 1994 Atlantic Colas Limited Original estimated value of work Total work done, Estimate Number 1 Retention Payments previously approved $111,765.80 1 04,813. 11 Nil Nil 85-28 COMMON COUNCIL DECEMBER 19, 1994 Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 1, dated December 7, 1994 Final holdback release. 1 04,813. 11 6,856.93 $104,813.11 Question being taken, the motion was carried. 8. ProQress Payment - ReciprocatinQ Compressors On motion of Deputy Mayor McAlary Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC 101026 APV Canada Inc. Two reciprocating compressors Lancaster Arena Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated December 12,1994 Holdback release. Nil 40,376.75 $ 7,125.31 $47,502.06 47,502.06 Question being taken, the motion was carried. 9. ProQress Payment - Fire Stations #5 & #7 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 certificate, namely:- 1. Contract - Opron Maritime Construction Ltd. Construction of #5 & #7 Fire Stations Original contract amount Total work done, Estimate Number 15 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 15, dated November 23, 1994 Holdback release. $2,941,000.00 3,057,031.76 Nil 3,045,689.76 $ 11,342.00 Question being taken, the motion was carried. 10. Tender For Contract 94-23 Westmorland Road Water Booster Station On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, contract 94-23, Westmorland Road water booster station, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $117,500, 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. 85-29 COMMON COUNCIL DECEMBER 19, 1994 11. Sidewalk Vendor Sites Consideration was given to a report from the City Manager advising that, during the course of the licensing period for sidewalk sites for the purpose of establishing mobile vending operations, it became apparent that the current Sidewalk By-Law required amendments in that a number of vendors have requested that various issues be addressed, such as the number of sites, locations, etc., prior to the next auction and, in this regard, ongoing discussions are being held with the current license holders; also advising that, as it is anticipated that staff will be in a position to recommend changes to the Sidewalk By-Law in early February following which the auction could be conducted in late March 1995, it is necessary for Common Council to authorize the continued use of the current sites until the 1995 auction is held in order to enable the vendors to operate after December 31, 1994; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, permission is hereby granted, pursuant to subsection 13(a)(ii) of the by- law entitled, "A Law Respecting The Use Of Sidewalks Within The City Of Saint John", to holders of sidewalk and street location licenses issued on May 3, 1994, to continue to use such sites until March 31, 1995, and further that the license period of such licenses be extended to March 31, 1995. Question being taken, the motion was carried. 12. Proposal For Paintball Field On Henderson Lake Road. Martinon Bv-Pass Consideration was given to a report from the City Manager regarding the proposal of Excellent Adventures Ltd. to relocate his existing commercial paintball field from the Lorneville area to land in the Martinon By-Pass area on Henderson Lake Road, which was the subject of discussion at Council's December 5 meeting; advising that, while the proposed undertaking is a development and does require a permit, it would be possible to operate a paintball field without a building and the applicant states that this will be possible in this situation, and also that the Legal Department confirms the limited applicability of Section 40 of the Zoning By-Law, although it would be appropriate for Council to require upgrading of the road by either property owner if there is to be development using the existing access. The report also advises that the Engineering Department has re-examined the existing conditions and would be able to support a reduction in the normal country road standard by eliminating the requirement for paving and consideration was also given to providing a specific time period before any upgrading would be considered, but the applicant is adamant that no upgrading should be required or is necessary and he is not willing to commit to a specific time frame for improvement in the future as in his view no improvements are required; explains that further discussions are necessary with the Province to ensure that the existing situation is not a hazard; and recommends that this matter remain on the table until the Provincial Department of Transportation is able to review the existing state of the road. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the above matter remain on the table until the Provincial Department of Transportation is able to review the existing state of the road. Mr. Totten advised that a response is anticipated from the Province within a month, with a report to Council, if not at the January 9 meeting, at the meeting thereafter. Question being taken, the motion was carried. 85-30 COMMON COUNCIL DECEMBER 19, 1994 13. Tender For Computer Hardware & Software On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender for computer hardware and software be awarded to the low tenderers to meet the specification, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 13A. Local 691's Request To Place Trailer At Picket Lines Read a report from the City Manager regarding the December 5 request to Council by Local No. 691, Communications, Energy and Paperworkers Union of Canada, for permission to place a small trailer at the picket lines at the Loch Lomond Road and Grandview Avenue locations; and advising that, while the request could be granted from an operational point of view, i.e. snow plowing, insurance, etc., staff is of the opinion that any further permission to allow items on the street right-of-way is setting a dangerous precedent and, from a policy perspective, staff cannot recommend approval; and recommending that the request be denied. On motion of Councillor Coughlan Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, the request of Local 691, Communications, Energy and Paperworkers Union of Canada, for permission to place a small trailer at the picket lines at the Loch Lomond Road and Grandview Avenue locations, be denied. Deputy Mayor McAlary asked the use of the trailer and, if the trailer were allowed, would some of the other equipment, such as the heating devices and washrooms currently in place, be removed, in that a trailer might be of less nuisance than the other equipment which is there now; to which Mr. Totten expressed the understanding that Council's approval of trailers would result in relocation or moving of the wood stoves that are there now and that the trailers would provide heat and be a place for persons on the picket line to congregate or to work from, and that the trailers would have the sorts of facilities referenced by the Deputy Mayor. Councillor Rogers expressed the view that this is not a matter to be decided strictly by the fact of whether or not it is a legal right-of-way or a precedent but rather as a humanitarian issue in that the persons concerned need some help from Council in order to facilitate their democratic right to picket. During discussion, the Deputy Mayor suggested that tabling the matter would be in order to determine whether or not the other facilities would be removed from the site if the trailers were permitted there and, upon her indication that she would move a motion to allow the placement of a small trailer on the street right-of- way, the motion on the floor was noted. Question being taken, the motion was lost, with all Council members present voting "nay". Councillor Gould proposed a motion, which was seconded by Councillor Rogers, to grant permission, and the Mayor asked for a clearer motion so that there is no misunderstanding. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that Local 691, Communications, Energy and Paperworkers Union of Canada, be given permission to place a small trailer, not to exceed 16 feet, on the street right-of-way at the picket lines on Loch Lomond Road and Grandview Avenue to replace the existing wood-burning units that are presently in place. 85-31 COMMON COUNCIL DECEMBER 19, 1994 Moved in amendment by Deputy Mayor McAlary Seconded by Councillor Gould RESOLVED that the above motion be amended to indicate that the trailer would replace not only the wood-burning units but also the other articles there, including the washroom facilities, the piles of wood and whatever else is there so as to clean up the area. Question being taken, the amendment to the motion was carried. Councillor Rogers explained that the reason she did not include in the above motion that the washroom facilities be replaced is that she does not know if the trailer has such facilities and, therefore, she could not support the motion as amended; and during discussion Councillor Trites suggested that any of the facilities that the trailer makes redundant should be removed and that the motion, as amended, should be defeated so as to allow the Local to replace the fixed structures it has in place with trailers to provide heat and further that the Local remove any other materials, portable toilet facilities and so on that may become redundant with the placement of the trailers; and Councillor M. Vincent suggested that it appears that Council is prepared to allow Local 691 to place two trailers, approximately 12 feet to 16 feet, on Grandview Avenue and Loch Lomond Road and all other grants given to the Local would be removed for the right to place the trailers there, and noted that Council is on record as to what its previous grants were and, upon Councillor Coughlan's indication that he would second such a motion, the Mayor noted the motion, as amended, on the floor. Question being taken, the motion, as amended, was lost with all Council members present voting "nay". On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that Local 691, Communications, Energy and Paperworkers Union of Canada, be allowed to replace the fixed facilities with a trailer at both the Loch Lomond Road and Grandview Avenue locations, as specified in the Local's submitted drawings, and that the trailer replace the existing facility which is providing heat, and that anything else made redundant by that trailer, including washroom facilities if the trailer has them, be removed from the site when the trailer is placed. Question being taken, the motion was carried. 14. Consent To Canadian Pacific Limited To AssiQn Lease On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the report from the City Solicitor advising of a request from Eric L. Teed, Q.C., solicitor for Canadian Pacific Limited, for assistance from the City to enable Canadian Pacific Limited to assign its lease for The Carleton City of Saint John Branch Railway to The New Brunswick Southern Railway Company -- be tabled in view of new information received earlier this date. Question being taken, the tabling motion was carried with Councillor A. Vincent voting "nay". (The Mayor withdrew from the meeting as he was not present for the public hearing on the Business Improvement Levy By-Law amendment, whereupon Deputy Mayor McAlary assumed the chair.) 85-32 COMMON COUNCIL DECEMBER 19, 1994 15. Business Improvement Levv Bv-Law On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By- Law Number B-114-6 A Law To Amend The Business Improvement Levy By-Law", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number B-114-6 A Law To Amend The Business Improvement Levy By-Law", was read in its entirety. Question being taken, the motion was carried. 16. PES Professional - Experienced - Services Tender Re Market Square ParkinQ GaraQe Consideration was given to two letters from Mr. Steve Appleby of PES, Professional - Experienced - Services, dated December 7 and December 13, 1994, commenting on his experience is having submitted a proposal for the operation and management of the Market Square Parking Garage in response to The Market Square Corporation's solicitation of proposals; and requesting that the City remove the responsibility for the administration of the Market Square Parking Garage from The Market Square Corporation and to conduct an independent review of the proposals received for the parkade operation and, should he be deemed unacceptable under this type of assessment, he would accept his defeat graciously and carry on with other interests. On motion of Councillor A. Vincent Seconded by Councillor Trites RESOLVED that above letters from Mr. Steve Appleby of PES, Professional - Experienced - Services, be laid on the table pending a meeting with The Market Square Corporation. Question being taken, the tabling motion was carried with Councillors Gould and Rogers voting "nay". 17. South Central Citizens Committee Minimum Standards Bv-Law On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Dominick Eden, Chairperson of the South Central Citizens Committee, expressing disappointment regarding the Minimum Standards By-Law as it is not, and has never been, properly enforced and the dilapidated state of many of this City's historic properties reflects, in a very negative way, the unprogressive and counterproductive manner in which Council approaches one of the richest and most promising resources as revitalizing the south-central City has supposedly been on the municipal agenda for a number of years; suggesting that the loss of the By-Law Enforcement Officer further elucidates Common Council's lack of serious intention to rejuvenate the central peninsula; and urging Council to refocus its sights on the recommendations and concepts envisioned by the Uptown Strategic Plan / Goals For Saint John -- be referred to the City Manager for a response to the Committee. Question being taken, the motion was carried. 85-33 COMMON COUNCIL DECEMBER 19, 1994 18. (a) Excellent Adventures Ltd. (b) Sherry And Clark Palmer Paintball Field Henderson Lake Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letters regarding the proposed development of a paintball facility off Martinon By-Pass and Henderson Lake Road from (a) Mr. Kim Rinehart of Excellent Adventures Ltd. restating his case as presented at the December 5 Council meeting for Council's support; and (b) Sherry and Clark Palmer requesting that Common Council ensure that consistent standards apply to all persons seeking to use Henderson Lake Road as an access off Highway 177 for development in this area in that they have been working since 1988 to achieve a building permit to build a single-family dwelling on their property NBGIC Number 296384, and that, if Mr. Rinehart is allowed to deviate from the City standard with respect to upgrading the road to City standards, it be deemed to be the standard expected of them to obtain their building permit -- be received and filed. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) 19. Mark Melanson - Application For Re-Zoning Land At Corner Forbes Drive & MillidQe Avenue On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of Mr. Mark Melanson for the re-zoning of land at the corner of Forbes Drive and Millidge Avenue 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 January 30, 1995. Question being taken, the motion was carried. 20. Fundy Fencing Ltd. - Application For Section 39 Amendment Re-ZoninQ Of 1954 ManawaQonish Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of Fundy Fencing Ltd. for an amendment to the Section 39 conditions of re-zoning of 1954 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 January 30, 1995. 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 Councillors Rogers and A. Vincent voting "nay". 85-34 COMMON COUNCIL DECEMBER 19, 1994 Common Clerk