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1995-07-17_Minutes 85-366 COMMON COUNCIL JULY 17,1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of July, A.D. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; P. Woods, Deputy Commissioner of Finance; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; J. Baird, Manager, Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; G. Seaman, Land Information Coordinator; G. Tait, Fire Chief; Corporal W. Shannon, Police Department; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend Edward Paw of Portland United Church offered the opening prayer. The Mayor called for a motion to withdraw from the agenda of this meeting items 23 and 37. 23. Tender For Industrial Compressors 37. Committee Of The Whole Report Re Electrical Power And EnerQY Supply On motion of Councillor Gould Seconded by Councillor Fitzpatrick RESOLVED that the City Manager's report on the tender for industrial compressors and the Committee of the Whole report of July 10, being items 23 and 37, respectively, be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that minutes of the meeting of Common Council, held on Tuesday, July 4, 1995, be approved. (Councillor Vincent entered the meeting.) Question being taken, the motion was carried. 3. Saint John Parking Commission 1994 Annual Report Messrs. D. Allaby, Chairman; and R. Smith, Administrator, of the Saint John Parking Commission, were present at the meeting to present the Commission's 1994 Annual Report; and Mr. Allaby, in his comments, noted the Commission's overall net income at the 1994 year-end, as well as that revenue projections were very close, although the Commission had excess income from interest of approximately $32,000; and explained why two areas were over budget, being maintenance and repairs and professional fees, and the reason for being under budget for parking lot attendants, advertising, office expenses and postage. 85-367 COMMON COUNCIL JULY 17,1995 In response to Councillor Waldschutz's observation that parking machines should be readily accessible to persons with crutches or in wheelchairs, and his suggestion that an amendment to the Motor Vehicle Act should be requested so that persons in the uptown area with residential parking permits are not subject to the provision requiring them to move their vehicles every 24 hours, Mr. Allaby advised that the Commission is looking at the matter of parking machines in an attempt to find solutions to problems with accessibility, and that, with respect to the 24-hour restriction on parking, this is used particularly in winter to remove cars during snow removal. Mr. Allaby, replying to the Mayor, advised that, if the Commission commits to a parking structure at the corner of Church and Canterbury Streets, it would probably not be commenced until the spring; and that, with respect to relocating parking meters so as to alleviate access problems during the winter months, advised that, as the need arises to replace parking meters, the Commission is looking at the possibility of going to a central meter which would mean that there would be one metre in the middle of the block so that one section of parking would have one meter centrally-located. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the 1994 Annual Report of the Saint John Parking Commission be received and filed with appreciation. Question being taken, the motion was carried. 6. Mayor's Remarks Mayor McAlary commended those involved in the Labatt Lite 24-Hour Relay which, over the past weekend, raised in excess of $600,000 for the Saint John Regional Hospital; noted the completion of Loyalist Days; and extended condolences to the family of the late Mr. Fred Urquhart, who passed away on July 13, and advised that the late Mr. Urquhart was Councillor Waldschutz's father-in-law. 7. Environmental Trust Fund Application Saint John ThrouQhway LandscapinQ Read a letter from Mayor McAlary submitting a copy of an application presented to her by Councillor Sterling Brown to the Environmental Trust Fund for a master plan of landscape development on the Saint John Throughway, for which Councillor Brown would like a letter of support from Council in favour of his application. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that Common Council forward a letter of support in favour of the application to the Environmental Trust Fund for a master plan of landscape development on the Saint John Throughway. Question being taken, the motion was carried. 8. Representation From Saint John Port Corporation On Enterprise Saint John On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that the letter from Mayor McAlary submitting a letter from the Saint John Port Corporation expressing its view that it would be beneficial for Enterprise Saint John to have a representative from the Corporation on its Board of Directors, and requesting consideration of the appointment of the Corporation's Vice-Chairman, Mr. David Doyle, to the Board -- be referred to the Nominating Committee. Question being taken, the motion was carried. 85-368 COMMON COUNCIL JULY 17,1995 9. Marco Polo Project Consideration was given to a letter from Mayor McAlary advising that, although several members of Council have expressed support for the Marco Polo project to proceed, it has been expressed in her discussions with the other levels of government that more imperative information must be provided, including from what sources other than government will funding be obtained, who will be responsible for the Marco Polo after construction is completed, and who will cover the maintenance costs, as well as the operating costs, if needed; and suggesting that, if Council so wishes, a resolution could be adopted for the Mayor, in consultation with Enterprise Saint John and the Saint John Board of Trade, to proceed to set up a task force of volunteer members who have the knowledge and expertise to prepare a business plan and address operational and maintenance plans, with nominees for this task force to be reported to Common Council within the next few weeks. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that Council support the Mayor's initiative in setting up a task force of volunteer members to help to put the Marco Polo Project into action. Question being taken, the motion was carried. 10. Saint John ShipbuildinQ Limited Read a letter from Mayor McAlary expressing the view that, as several hundred employees are being laid off at Saint John Shipbuilding Limited this summer due to lack of work, it is imperative that Council do whatever it can as a local municipal government to encourage the Federal Government to assist this Company in obtaining more contracts that provide work for this world class high technology Shipyard; and proposing that Council pass a resolution that the Mayor arrange meetings for Council with Premier Frank McKenna, local M.P.s Elsie Wayne and Paul Zed, The Honourable Doug Young, and any other Federal MPs possible to request their assistance in obtaining new contracts for Saint John Shipbuilding Limited. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the Mayor be asked to arrange a meeting as proposed above. Councillor Trites suggested that, prior to the above meeting, an attempt should be made to arrange a meeting with the principals of the Shipyard to determine what projects they are pursuing at the present time so as to zero in on those specific projects at the meeting with the Government officials. Question being taken, the motion was carried. 11. Ad Placement In UNBSJ Yearbook Read a letter from Mayor McAlary submitting for Council's consideration a request from the University of New Brunswick Student Representative Council for the placement of an advertisement in the UNBSJ 1995 Student Yearbook. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that Council approve the placement of a half-page ad, at a cost of $525, in the UNBSJ 1995 Student Yearbook. The Mayor noted that the 1969 Council resolution providing for ads in school yearbooks allowed a maximum ad cost of $50. Question being taken, the motion was carried. 85-369 COMMON COUNCIL JULY 17,1995 12. Canada World Youth ExchanQe On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Councillor Knibb advising that Canada World Youth is arranging a youth exchange program with Egypt and will be hosting a training period from September to November 1995 for seven Canadians and seven Egyptians in Saint John; and that, when the team of fourteen young people arrive in Saint John just after Labour Day, he would like them to be welcomed in open session of Council -- be received and filed. Question being taken, the motion was carried. 13. Crosswalk In Silver Falls Park On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that as requested by Councillor Vincent, Council give authorization immediately to having a crosswalk put in place at Bonita Avenue and Mark Drive in Silver Falls Park, and that the allowable speed limit be addressed. Question being taken, the motion was carried. 14. Proposed New Subdivision Bv-Law Consideration was given to a report from the City Manager advising that, following Council's April 3 referral to the Planning Advisory Committee of a proposed new Subdivision By-Law, a legal review of the proposed By-Law has been concluded which has resulted in changes since the original draft, many of which pertain to the use of language, while others as noted herein are more substantial but result in no overall change to the effect of the proposed Subdivision By-Law; concluding that, in general, the proposed new Subdivision By-Law, as submitted, has remained the same as previously considered by Common Council and the Planning Advisory Committee; and recommending that (1) Council adopt the proposed new Subdivision By-Law; (2) Council authorize the necessary advertising provided for in Section 12 of the Municipalities Act in order to avoid reading the entire By-Law prior to third reading; and (3) third reading to the proposed new Subdivision By-Law not be given until the above- noted advertising has been carried out. 38.(a) Planning Advisory Committee Proposed New Subdivision Bv-Law Consideration was also given to a report from the Planning Advisory Committee submitting, further to Council's April 3 referral to it of a proposed new Subdivision By-Law, a copy of the Planning Department's report considered at the Committee's May 2 meeting at which Mr. Rick Turner expressed support, no other presentations were made and no letters were received from the public as a result of a newspaper advertisement on the Committee hearing; and recommending that Council repeal the existing Subdivision By-Law of the City of Saint John, enacted on September 10, 1979, and adopt the proposed new Subdivision By-Law. 38.{b) HUQhes Surveys & Consultants Ltd. Consideration was also given to a letter from Mr. Richard Turner of Hughes Surveys & Consultants Ltd. expressing support for the proposed new Subdivision By-Law on the basis that the changes, if implemented, will help streamline the subdivision process and provide many positive features for developers and, in particular, will simplify the procedure for individuals wanting to invest both financially and socially within the community. 85-370 COMMON COUNCIL JULY 17,1995 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the Saint John Subdivision By-Law be read a first time. Question being taken, the motion was carried. Read a first time the Saint John Subdivision By-Law. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the Saint John Subdivision By-Law be read a second time. Question being taken, the motion was carried. Read a second time the Saint John Subdivision By-Law. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the necessary advertising be authorized in order for the proposed new Subdivision By-Law to be read by section numbers only prior to third reading. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that third reading to the proposed new Subdivision By-law not be given until the above-noted advertising has been carried out. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. 15. ARMA Committee Update On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the report from the City Manager submitting a copy of remarks by The Honourable Marcelle Mersereau, Minister of the Environment, on air quality management actions, to the Air Resource Management Area (ARMA) Committee on July 5 -- be received and filed. Question being taken, the motion was carried. 4. Citizens Coalition For Clean Air Air Qualitv In City Of Saint John Mrs. Judy A. LeBlanc, and Mr. Gordon Dalzell, Co-Chair of the Citizens Coalition For Clean Air, were present at the meeting to address Council on air quality problems in Saint John and the role Council must play in the resolution of these problems. 85-371 COMMON COUNCIL JULY 17,1995 Mrs. LeBlanc, in her remarks, apprised Council of the efforts put forth in forming a working partnership with the Provincial Government and industry, including the Irvings, to address air quality problems in Saint John, with the first ARMA Committee meeting having been held on June 14, noting the update report to Council on July 4 on the ARMA Committee; advised that Council's lack of communication, coupled with its absence at the ARMA meeting, promoted the Coalition in late June to sponsor a petition; and presented to Council a petition signed by some 8,900 citizens, with the request that Council join the team which is collectively and cooperatively working to resolve this most complex issue. Mr. Dalzell addressed Council with the view that Council has failed to be pro-active enough in its leadership in the issue of air quality and the request for more involvement, ideas and recommendations from the City as to what it suggests needs to be done with independent study on the air quality issue; noted that the petition presented above demands that Council take a positive and committed stance in the improvement, establishment and enforcement of laws, policies and practices that govern air quality in both the municipal and Provincial levels; and asked that Council:- (1) recognize the citizens' right to have clean unpolluted air to breathe as this is a fundamental human right; (2) consider expanding the role, mandate and resources of the Commissioner of the Environment's office on the basis that the Provincial Environment Policy indicates that the three levels of government are responsible for the enforcement of environmental laws, and to provide the Coalition with the job description, mandate and budget of this office in that a one-person department without any administrative support may not be sufficient to keep Council up to date on the various environmental challenges facing the community; (3) re-examine the inclusion of a maximum recycling and composting facility as an integral part of the sanitary landfill plan; (4) study the availability of natural gas to substitute the use of oil and, if convinced that it would be good for air quality, to pass a resolution in support of it; (5) direct the Police Department to enforce section 235(2) of the Motor Vehicle Act relevant to vehicle emissions; (6) coordinate interchange and communication between the Provincial and municipal Environment Departments, and to become more aware of Federal Government funding for monitoring equipment necessary to track air quality and for funding for resource staff and research, as well as the relationship between the other two levels of government in terms of equipment and resources that could affect testing, monitoring and research that is carried on, and to take advantage of in-service training and other resources available to brief itself as best it can; (7) demonstrate its support and help so that this issue can be resolved by working together in the spirit of cooperation and mutual trust so that this issue will not harm the economic or social well being of the City; and (8) review the Noise By-Law to determine if it is sufficient with respect to addressing industrial noise. Mr. Dalzell concluded that, as the issue of pollution is one of public health affecting the health and quality of life of citizens, this issue demands Council's highest attention and priority, and that the Coalition hopes that Council will give it the attention it so rightly deserves. The Mayor thanked Mrs. LeBlanc and Mr. Dalzell for their presentation and assured them that Council is aware of the issues and will continue to work to support better air quality in Saint John for all of its citizens, and that the Commissioner of the Environment will update Council regularly on the ARMA Committee. 5. Uptown Saint John Inc. Canterbury Street Reconstruction Mr. Charles Swanton, President of Uptown Saint John Inc., and representatives of Canterbury Street area merchants were present at the meeting to address a situation which has evolved regarding the Canterbury Street reconstruction, and Mr. Swanton, having circulated photographs of the Canterbury Street project and reading from a previously-submitted brief, expressed concern about the slow progress of the work being carried out on Canterbury Street by Robinson Construction Co. Ltd.; the effect on a number of businesses when water was shut off without proper notice; and the interruption of traffic flow not only on Canterbury Street but also on Church and Princess Streets without any prior notice being given to shoppers, residents or delivery vehicles. Mr. Swanton expressed the view that, in light of the fact that Uptown Saint John Inc. is contributing in excess of $250,000 towards this project, it is critical that it and the City learn from this experience so that together they can ensure that some of the same pitfalls do not occur in other projects. Mr. Swanton, noting the recently 85-372 COMMON COUNCIL JULY 17,1995 advertised tender for the reconstruction of King's Square North, requested that Uptown Saint John Inc. jointly choose the successful bidder in conjunction with the City's Engineering and Works Department as Uptown Saint John Inc. will also be contributing in excess of $250,000 to this project, and also to meet weekly with Engineering and Works to receive updates on the progress of the construction process so as to keep its members better informed. Mr. Totten made the observation that, with regard to the above request to jointly choose the successful bidder, it is a staff function to report and make recommendations to Council and be held accountable for that and that it would be his position that staff continues to do so with respect to the awarding of contracts; and that, with respect to meetings, there is no question that when City forces or contractors are doing jobs, whether they be funded by Uptown Saint John or the City, the City has an obligation to communicate to the best of its ability on the progress of a job and, while he would be reluctant to commit to whether it would be weekly or bi-weekly, if the City has failed on the Canterbury Street job, efforts would be made to improve communication. Mr. Armstrong, having noted that the contract on Canterbury Street has exceeded the time limits established for it as well as the extension of time granted for the legitimate items of extra work to which the contractor was put, advised that, while some of the things that do come up are very unexpected in that there is quite often not a full body of knowledge until excavations are actually done, the contractor's performance has not been good and, as far as the Engineering Department is concerned, the contractor, as of last Saturday which was the time to which the extension of time was legitimately granted for extra work, is now subject to the penalty clause in the contract, which is $500 a day until such time as City staff considers the job to be substantially completed. Mr. Armstrong also advised that, while he has had difficulty contacting the contractor, the information given to him is that the expectation is to complete, by the end of this week, the second block of the street to the same condition to that of the block closest to King Street as it exists now; and expressed the view that, as action to remove the contractor from the site is not considered appropriate as it would take much longer to do so and bring somebody else in to the finish the job, the City will have to struggle through the situation and keep the lines of communication open as best it can, and continue, on a daily basis, attempting to keep impressing upon the contractor the seriousness of the situation. 16. Port Of New Brunswick Development Committee On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager explaining why, further to Council's consideration on June 26 of a letter from the Port of New Brunswick Development Committee, staff is unable to support a position recommending that Council endorse a request, the ultimate aim of which is to create another permanent committee lobbying other levels of government; however, given the knowledge and expertise of those individuals involved and the significance of the Port to the community, the City could assist by providing meeting space when required and perhaps some administrative support to this group of volunteers, such as was done for the Southern New Brunswick Highway Coalition; and recommending that the City (1) communicate directly to those members of the steering committee, the concerns expressed in this report; and (2) acknowledge the importance of coordinating efforts by the entire community on issues affecting the Port, and Council would welcome the input of any of those individuals listed as members of the steering committee on an issue-by-issue basis -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 17. Proposed Kennel - 281 Churchland Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, further to Council's consideration on June 26 of a letter from 85-373 COMMON COUNCIL JULY 17,1995 Valerie McKay regarding a proposed kennel operation at 281 Churchland Road, there was no indication that the Planning Advisory Committee or staff treated her application to the Committee with any bias and that, if Mrs. McKay is dissatisfied with the Committee's decision, the Provincial Planning Appeal Board would be the most appropriate venue to review the Committee's decision -- be received and filed and a copy be forwarded to Mrs. McKay. Question being taken, the motion was carried. 18. Provincial HiQhways - 1995 Read a report from the City Manager advising that the maintenance rates submitted by the Province for Provincial highways are 1.5% less for winter maintenance and 2.5% less for summer maintenance than the rates paid last year and that applying the rates to the measured street lengths will result in the Province paying the City $454,747.20 for 1995, compared to $459,059.44 for 1994 and $590,600.88 for 1993; also advising that, although rates in the past have remained the same or increased, the 1 % rate decrease in 1993 followed by the 1.5% rate decrease for 1994, combined with the creation of a new category of highway receiving only 50% of the rate now followed by the 1995 reduction, (1.5% & 2.5%) has resulted in a substantial decrease in the level of maintenance funding, and significantly more funds will be expended for maintaining Provincial-designated highways than will be received from the Province because the capital reconstruction and resurfacing has been significantly underfunded for years; and suggesting that efforts should be made to correct this situation. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the maintenance agreement for Provincial highways - 1995: AND FURTHER that, following receipt of a report from staff, an attempt be made to arrange a meeting with the Provincial Minister of Transportation to express concern over diminished funding for Provincial-designated highways. Councillor Vincent suggested that, in view of the marked decrease in Provincial funding for Provincial highways and the effect should funding continue to decrease on the overall condition of such highways, staff should put together a package for Council's discussion with the Province in advance of its consideration of funding assistance for Provincial-designated highways in 1996. Councillor Brown, in concurring with the suggestion of a presentation to the Province on this issue, proposed that along with that the Province should also be asked to address the matter of replacing guardrails damaged by not only Provincial plows but through accidents covered by insurance claims, and the removal of residue from road construction, as well as old fences when replaced by new ones. The mover and seconder of the motion agreed to add to it that a meeting be arranged with the Provincial Minister of Highways to express concern over diminished funding for Provincial-designated highways, and Councillor Trites suggested that the matter of Provincial highway funding could be considered by the Cities of New Brunswick Association. (Councillor Arthurs withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. 19. Tender For Contract 95-4, Flowmeters MillidQeville SewaQe Treatment Plant Consideration was given to a report from the City Manager explaining why the two tenders received for contract 95-4, flowmeters for the Millidgeville sewage treatment plant, the tenderers being Veronics Instruments Inc. and Security Mechanical Ltd., should be declared informal and be rejected. 85-374 COMMON COUNCIL JULY 17,1995 On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tenders of Veronics Instruments Inc. and of Security Mechanical Ltd. for Contract 95-4, flowmeters - Millidgeville sewage treatment plant, be declared informal and be rejected, and staff be instructed to pursue other options to perform this work. Question being taken, the motion was carried. 20. Tender For Contract 95-17, Sydney Street - Brunswick Drive Water & Sewer Construction On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, contract 95-17, Sydney Street - Brunswick Drive water and sewer construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $557,838.20, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 21. Crown Street RetaininQ Wall Consideration was given to a report from the City Manager advising that, as indicated in the submitted letter from the Project Coordinator of the Canada/New Brunswick Infrastructure Program, the Province approved the proposed Crown Street retaining wall concept for which funding is limited to the original $1 million allocation of Infrastructure funding, although a time extension of one year has been granted allowing for completion of the project to extend to March 31, 1997; also advising that, in anticipation of this position, the consultant was requested to examine methods in which the preferred solution could be implemented in stages so as to construct a project within available funding and to minimize duplication costs associated with several possible stages of construction, and the submitted drawings indicate the type and area of the construction at preliminary estimates as follows:- (1) without staging - $1,636,045; (2) with staging - (a) stage 1 $1,243,753 - stage 2 $580,546 = $1,824,300; and further advising that, as staff recommends that the staged approach be adopted if the project is to proceed, and the additional funding can be made available from the 1996 Capital Budget for Transportation. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the above report be received and filed and staff proceed immediately with final design and a tender call for Stage 1 construction of the Crown Street retaining wall. Question being taken, the motion was carried. 22. Proposal Call For Consultant Simonds Centennial Arena On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the proposal of ADI Limited, in the amount of $23,924 (plus tax), be accepted for the provision of architectural services for the Phase 1 renovations to the 85-375 COMMON COUNCIL JULY 17,1995 Simonds Centennial Arena. (Councillor Arthurs re-entered the meeting.) Question being taken, the motion was carried. 24. Tender For Video Sewer Inspection On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of Melanson's Waste Management be accepted for the provision of closed circuit T.V. inspection and sewer cleaning service, as detailed in the submitted summary of bids. Question being taken, the motion was carried. 25. Tender For Gate Valve Box Components On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of McLennan Sales Ltd. be accepted for the supply of gate valve box components, for a period of one year from the date of award by Council, at the prices indicated in the submitted summary of bids. Question being taken, the motion was carried. 26. Tender For Compressor Replacement On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of A.P.V. Canada Inc., in the amount of $30,990 (plus taxes), be accepted for the supply of a new compressor for the Gorman Arena. Question being taken, the motion was carried. 27. Local 486 Establishment ChanQe Read a report from the City Manager advising that, further to staff's recent receipt of a list of concerns from the Executive of Local 486, the appropriate staff and Local 486 have reached an agreement on all issues, one of which requires Council's approval, that being an Establishment change in Municipal Operations; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City of Saint John Establishment in Municipal Operations be changed as follows: (1) Stenographer II position be changed from 2 to 1; and (2) Secretary I position be changed from 1 to 2. Question being taken, the motion was carried. 28. Local 18 Establishment ChanQe Consideration was given to a report from the City Manager advising that, further to Council's consideration in Committee of the Whole on July 4 of a report recommending a change in the Local 18 Establishment, management has had further discussions with the bargaining unit and has reconsidered its position; and recommending a Local 18 Establishment change, as discussed with and supported by 85-376 COMMON COUNCIL JULY 17,1995 Local 18. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that as recommended by the City Manager, the following changes be made in the City of Saint John Establishment: Timekeeper be changed from 1 to 0; Foreman be changed from 24 to 23; and Packer Truck Operators be changed from 6 to 8. Question being taken, the motion was carried. 29. 9-1-1 Civic Address Program - Street Name ChanQes And NaminQ Of Unnamed Roadways Consideration was given to a report from the City Manager noting Council's approval on May 1 and June 26 of street name changes and unnamed streets on the West Side of the City, and the areas of Churchill Boulevard and the former Parish of Simonds, respectively, as part of the 9-1-1 Civic Address Program; and submitting a recommendation with respect to a duplicate street name for a portion of McAllister Drive, and for un-named roadways in the East and West Sides of the City. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council adopt the following as "Official Street Names": CATEGORY B: Duplicate Street Name ChanQes McAllister Drive between Old Black River Road and Mcilveen Drive be renamed Mcilveen Drive CATEGORY C: Unnamed Roadways "EAST recommendations" INTERNAL REFERENCE TMP 1 TMP2 TMP4 TMP5 TMP7 TMP9 TMP10 TMP 11 TMP13 TMP15 TMP16 TMP17 TMP 20 TMP 20A TMP 21 TMP 23 TMP 25 TMP 27 TMP 28 TM P 30 TMP 31 TM P 32 TM P 35 TM P 38 TMP 41 TMP 47 SUGGESTED NAME Jimegal Lane Beman Lane Cropley Lane Border Lane Foulds Lane Fillmore Lane Strawberry Lane Maple Hill Lane Studio Road Israel Lane Juniper Lane Cornish Crescent Ferris Lane Jorrock Lane Leafy Vale Lane Dutch Garden Lane Stagecoach Drive Pride Rock Court Green Haven Lane Breen Lane Kelly Lane Kyle Lane Matthew Lane Wellesley Terrace Savoy Lane Old Wells Road 85-377 COMMON COUNCIL JULY 17,1995 "WEST recommendations" INTERNAL REFERENCE TMP3 TMP12 TMP14 TM P 60 TM P 62 SUGGESTED NAME Erdine Lane Grenville Lane Janes Way Lane Chestnut Lane Edison Crescent Reference was made to the letter on the agenda of this meeting from Peggy Smith and the Vihvelins, under item 44A, and the process for citizens' involvement was questioned, and Mr. Baird advised that, in this phased approach which started in West Saint John and proceeded to East Saint John and some of the Central area, letters have been sent out to property owners in a phased basis, and staff has had discussions with property owners, initially for suggestions, but then to explain to people why certain choices have been made; and also that questions in this regard can be directed to Mr. Seaman who is heading the civic addressing group so that note can be made of areas of concern or dissatisfaction with respect to areas already done or areas on which reports are yet to be submitted to Council in an attempt to more fully satisfy how a street name can be placed that meets the needs of both supplying emergency services and is satisfactory to the area residents. Question being taken, the motion was carried. 44A. Peggy Smith / The Vihvelins NaminQ Of Seawood Lane On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Peggy Smith and the Vihvelins of Seawood Lane advising that they would like an immediate halt to the selection of the name "Smugglers Lane" for the access to their dwellings; and proposing that the name "Seawood Close" be used -- be referred to the City Manager. Question being taken, the motion was carried. 30. Mobile Home Parks Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, although street signs indicating the name of particular streets within a mobile home park are voluntary, the City must ensure that these signs become a permanent fixture in these parks in order to provide the proper emergency service to citizens, and that an amendment to the Mobile Home Parks By-Law is proposed which will ensure appropriate street names and signage are utilized in private mobile home parks; and recommending that Council give first and second readings to the following amendment to Section 30 of the Mobile Home Parks By-Law by adding the following: (5)(a) subject to subsection (b) and (c), the owner of the mobile home park shall assign a name to each street in his park and shall erect and maintain appropriate signage with respect to such names. (b) the street names must be approved by the Development Officer of the City of Saint John. (c) the size and design of street name signs must be approved by the Traffic Engineer. 85-378 COMMON COUNCIL JULY 17,1995 -- be received and filed: AND FURTHER that the by-law to amend the Mobile Home Parks By- Law, with respect to street signage, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Mobile Home Parks By-Law. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Mobile Home Parks By-Law, with respect to street signage, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Mobile Home Parks By- Law. 31. Property Acquisition - Western Collector Trunk Sewer Project Consideration was given to a report from the City Manager recommending an amendment to Common Council resolution of May 29, 1995 pertaining to the expropriation of the freehold interests in Parcel 0 with regard to the Western collector trunk sewer project, as the Province of New Brunswick has agreed to sell its interests in the subject property and, at the time of this report, it was believed that the City had a similar agreement with the Duck Cove Recreational & Heritage Association Ltd. which now wishes to reopen negotiations on the sale of its 1/5 interest in Parcel 0 as it believes it has more of an interest in the property than the title search has indicated and it is also interested in acquiring the balance of the rights associated with the property and that, although staff supports the concept and has requested a proposal from the Association, Engineering has indicated that it wants Real Estate & Facility Management to proceed with obtaining clear title to the property so as not to slow down the project at hand, and this would entail the expropriation of all of the interests in the property, except the Province's, and allow staff to deal with the Association's proposal after the sewer line has been installed; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that as recommended by the City Manager, item 2 of Common Council resolution of May 29, 1995, pertaining to the expropriation of the freehold interests in Parcel 0, be amended to read as follows:- (2) expropriate the freehold interests in Parcel 0, as shown on the submitted plan, except those interests held by the Province of New Brunswick: AND FURTHER that Council authorize the acquisition of the Province of New Brunswick's interests in Parcel 0 for the sum of one dollar plus all costs associated with this transaction. Question being taken, the motion was carried. 32. Lease Of Thorne Avenue Property Read a report from the City Manager recommending renewal of the current lease of land at Thorne Avenue from Canadian National Railway to provide access to the Marsh Creek sewerage treatment plant and the Civic Hydro pole storage yard, as well as additional land used for street widening, and to enter into negotiations to purchase the subject property. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 85-379 COMMON COUNCIL JULY 17,1995 RESOLVED that as recommended by the City Manager, (1) the Mayor and Common Clerk be authorized to execute a three- year renewal of the lease of Thorne Avenue property from Canadian National Railway at an annual rent of $300; (b) staff be authorized to negotiate an increase of the leased land to include the widened Thorne Avenue, a report to be presented to Common Council; and (c) staff be authorized to negotiate the purchase of the leased lands, a report to be presented to Council. Question being taken, the motion was carried. 33. Buskers Uptown Festival 1995 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council (1) authorize The Hardman Group Limited to utilize a portion of North Market Wharf for the period of July 27 to 30 for Buskers Uptown Festival 1995; and (2) request The Market Square Corporation to formalize this agreement with The Hardman Group, including the provision of insurance to protect the City and to coordinate the activities on the Wharf for the 1995 season. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) The Mayor asked for a motion with regard to the presentation on behalf of the Citizens Coalition For Clean Air made earlier in this meeting under item 4. 4. Citizens Coalition For Clean Air On motion of Councillor Gould Seconded by Councillor Vincent RESOLVED that the presentation on behalf of the Citizens Coalition For Clean Air regarding air quality in the City of Saint John -- be received and filed. Question being taken, the motion was carried. 34(a) Municipal Plan Amendment 2412 Loch Lomond Road On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a portion of the property located at 2412 Loch Lomond Road (NBGIC Number 329086), containing all that portion of the subject property measuring from the front property line 270 feet in depth, from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. (Councillor Vincent withdrew from the meeting.) The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 34(b) Zoning By-Law Amendment 2412 Loch Lomond Road On motion of Councillor Knibb 85-380 COMMON COUNCIL JULY 17,1995 Seconded by Councillor Brown RESOLVED that the by-law entitled, "By- Law Number C.P. 100-378 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a portion of the property located at 2412 Loch Lomond Road (NBGIC Number 329086), containing all that portion of the subject property measuring from the front property line 270 feet in depth, from "RS-1" One- and Two-Family Suburban Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the use of the property be limited to a residence and a small engine repair shop; (b) the existing treed area located along either side property lines of the subject property remain; (c) no outdoor storage be permitted for the machines or engines relating to the commercial operation; (d) the storage of gasoline be kept in a secured area with a lock system in place; and (e) the hours of operation be limited to Mondays through Saturdays 9:00 a.m. to 6:00 p.m. The by-law entitled, "By-Law Number C.P. 100-378 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting.) 35(a) Municipal Plan Amendment 327 Charlotte Street On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land containing approximately 2,500 square feet and located at 327 Charlotte Street (NBGIC Number 2279), from Medium Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 35(b) Zoning By-Law Amendment 327 Charlotte Street On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-379 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land containing approximately 2,500 square feet and located at 327 Charlotte Street (NBGIC Number 2279), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the use of the property is restricted to a redemption centre/bottle exchange; (b) there must be no outside storage; and (c) beverage containers must be removed on a daily basis. The by-law entitled, "By-Law Number C.P. 100-379 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. 85-381 COMMON COUNCIL JULY 17,1995 Question being taken, the motion was carried. 35(c) Zoning By-Law Text Amendment 327 Charlotte Street On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-380 A Law To Amend The Zoning By-Law Of The City Of Saint John", to amend Section 520(2)(h) by adding sub-clause (iii) as follows:- "(iii) notwithstanding sub-clause (i), a redemption centre may be located at 327 Charlotte Street.", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-380 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 36. 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 Tuesday, July 3, 1995, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, the following appointments be made to the Appeals Committee - Water and Sewerage Rates: Deputy Mayor Chase, Chairman; Councillor Vincent; and Councillor Arthurs. 2. That as recommended by the Nominating Committee, David R. Bowen and Bob Davidson be appointed to the Environment Committee for a term to expire June 30, 1998, and that Councillor Brown be Council's appointee to the said Committee. 3. That as recommended by the Nominating Committee, the following Council members be appointed as the Council Finance Committee: Councillor Trites, Councillor Fitzpatrick, Councillor Gould, and Deputy Mayor Chase. 4. That as recommended by the Nominating Committee, Albert A. Vincent be appointed to the Board of Directors of Saint John Industrial Parks Ltd. 5. That as recommended by the Nominating Committee, the following appointments be made to the Master Plumbers Examining Board: Gerald Vickers, Gerald Peer, Ray York and James E. Lawton on the recommendation of the Saint John Mechanical Contractors Employers Association Inc.; and Ken Sommerville on the recommendation of Local 213 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada. 6. That as recommended by the Nominating Committee, Councillor Knibb be re-appointed to the Board of Trustees of the City of Saint John Pension Plan. 7. That as recommended by the Nominating Committee, Philip Hovey be 85-382 COMMON COUNCIL JULY 17,1995 appointed to the Planning Advisory Committee for a term to expire December 31, 1997. 8. That as recommended by the Nominating Committee, Councillor Waldschutz be Council's appointee on the Preservation Review Board, and that Donald F. Gillis and David Hayward be appointed to the said Board for a term of three years. 9. That as recommended by the Nominating Committee, Council adopt the recommendation of the Saint John Horticultural Association that 1. W. Hutchison, E. L. Teed, Stephen Ashford, Wallace MacMurray and Brenda Farren be appointed to the Rockwood Park Advisory Board. 10. That as recommended by the Nominating Committee, Raymond French be appointed to the Saint John Transit Commission for a term to expire June 30, 1998. 11. That as recommended by the Nominating Committee, Cathy LeBouthillier be re-appointed to the Region 2 Hospital Corporation for a term of three years. 12. That as recommended by the Nominating Committee, no further appointments be made to the Urban Tree Committee at this time, the present Committee consisting of 7 members. 13. That as recommended by the Nominating Committee, Jim Baird be appointed as the City's representative on the Board of Directors of Uptown Saint John Inc. for a term to expire April 1997. 14. That as recommended by the Nominating Committee, Deputy Mayor Chase be re-appointed as Council's representative on the Board of Directors of Hospitality Saint John Inc. 15. That Councillor Ball be appointed to the Fort LaTour Development Authority for a term of three years. 16. That as recommended by the Nominating Committee, Councillor Trites be re-appointed to the Board of Directors of Saint John Non-Profit Housing Inc. for a term of three years. 17. That as recommended by the Nominating Committee, Councillor Ball be appointed as Council's representative on the Recreation and Parks Advisory Board. 18. That as recommended by the Nominating Committee, the following appointments be approved to the committees of the Cities of New Brunswick Association: Transportation Committee - Councillor Waldschutz; Protective Services Committee - Councillor Vincent; Tourism Committee - Councillor Brown; Resolutions Committee - Councillor Ball; and Environment Committee - Councillor Arthurs. July 17, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 36.1. Appeals Committee Water And SeweraQe Rates On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 85-383 COMMON COUNCIL JULY 17,1995 36.2. Environment Committee On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 36.3. Council Finance Committee On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 36.4. Saint John Industrial Parks Ltd. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 36.5. Master Plumbers ExamininQ Board On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 36.6. Board Of Trustees City Of Saint John Pension Plan On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 36.7. PlanninQ Advisorv Committee On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. 36.8. Preservation Review Board On motion of Councillor Gould Seconded by Councillor Knibb 85-384 COMMON COUNCIL JULY 17,1995 RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. 36.9. Rockwood Park Advisorv Board On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. 36.10. Saint John Transit Commission On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that section 10 of the above report be adopted. Question being taken, the motion was carried. 36.11. ReQion 2 Hospital Corporation On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that section 11 of the above report be adopted. Question being taken, the motion was carried. 36.12. Urban Tree Committee On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that section 12 of the above report be adopted. Question being taken, the motion was carried. 36.13. Uptown Saint John Inc. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 13 of the above report be adopted. Question being taken, the motion was carried. 36.14. Hospitalitv Saint John Inc. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 14 of the above report be adopted. 85-385 COMMON COUNCIL JULY 17,1995 Question being taken, the motion was carried. 36.15. Fort LaTour Development Authoritv On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 15 of the above report be adopted. Question being taken, the motion was carried. 36.16. Saint John Non-Profit HousinQ Inc. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 16 of the above report be adopted. Question being taken, the motion was carried. 36.17. Recreation And Parks Advisorv Board On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that section 17 of the above report be adopted. Question being taken, the motion was carried. 36.18. Cities Of New Brunswick Association Committees On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that section 18 of the above report be adopted. Question being taken, the motion was carried. 39. 1865-1885 Hickey Road Land For Public Purposes On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that as recommended by the Planning Advisory Committee, cash in lieu of land for public purposes be accepted for the dedication of the proposed Lot 95-2 at 1865-1885 Hickey Road. Question being taken, the motion was carried. 40. FCM - Request For Resolutions On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the memorandum from 85-386 COMMON COUNCIL JULY 17,1995 the Federation of Canadian Municipalities requesting resolutions for consideration at the September 1995 FCM National Board of Directors meeting -- be referred to the City Manager. Question being taken, the motion was carried. 41. D. S. Mackay & Associates Ltd. Proposals 95-042. 95-043. 95-044 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from D. S. Mackay & Associates Ltd. advising of its submission of proposals for engineering services for the following 3 City projects:- 95-042 - ice plant renovations, Lancaster Avenue; 95-043 - energy study, Rothesay Avenue; and 95-044 - exhaust/extinguisher system, and the response that all three projects had been awarded to other consultants; advising that an explanation as to why it was not awarded the engineering work for proposal 95-043 would be most appreciated; and suggesting that, to make the process more cost effective for both parties, the City should maintain a list of engineers by category of services, staff, expertise, etc. and, for engineering fee values up to $10,000, simply award them on a rotating contract basis -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 42. Ron Hewey Application For Re-ZoninQ 34-38 DouQlas Avenue On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the application of Mr. Ron Hewey for the re-zoning of property at 34-38 Douglas 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 August 28, 1995. Question being taken, the motion was carried. 43. Association For Burlesque Entertainers Re "Lap DancinQ" On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Ms. Katharine Goldberg of the Association for Burlesque Entertainers of Toronto, Ontario, advising that she and other exotic dancers are calling upon government officials to do everything they can to ban so-called "lap dancing"; explaining why this issue is of concern to local governments; and concluding that Council's efforts to ensure that "lap dancing" is banned will ensure the health of the citizens of Saint John -- be received and filed. Question being taken, the motion was carried. 44. Roberta W. Lee - Landfill Issue On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the letter from Ms. Roberta W. Lee commending Council for its responsible decision to reject both Lorneville and Crane Mountain as landfill sites; and urging Council to continue to 85-387 COMMON COUNCIL JULY 17,1995 search for an enlightened solution to the problem of garbage disposal -- be received and filed. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk