Loading...
1995-07-31_Minutes 85-388 COMMON COUNCIL JULY 31,1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirty-first day of July, A.D. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; J. Baird, Manager, Community Planning; B. Steeves, Deputy Building Inspector; L. Graham, Manager of Data Processing; J. Hanlon, Deputy Fire Chief; Police Sergeant R. C. Kohr; 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 offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on July 17, 1995, be approved. Question being taken, the motion was carried. (Councillors Trites and Vincent entered the meeting.) 3(a) Municipal Plan Amendment (b) Re-ZoninQ 80 DouQlas Avenue The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 80 Douglas Avenue (NBGIC Number 368845), from District Centre Commercial to Medium Density Residential classification; and (b) the proposed re-zoning of the same parcel of land from "ID" Integrated Development to "RM-1" Three-Storey Multiple Residential classification, to permit the use of the existing building as a one-family dwelling, as requested by Peter and Valerie Auvinen, and that no written objections were received in this regard. 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's July 25 meeting at which the applicant expressed agreement with the recommendation; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from District Centre Commercial to Medium Density Residential classification, a parcel of land located at 80 Douglas Avenue (NBGIC Number 368845); and (2) re-zone the same parcel of land from "ID" Integrated Development to "RM-1" Three-Storey Multiple Residential classification. 85-389 COMMON COUNCIL JULY 31,1995 On motion of Councillor Knibb Seconded by Councillor Arthurs 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 located at 80 Douglas Avenue (NBGIC Number 368845), from District Centre Commercial to Medium Density Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Deputy Mayor Chase 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 located at 80 Douglas Avenue (NBGIC Number 368845), from District Centre Commercial to Medium Density Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 80 Douglas Avenue (NBGIC Number 368845), from "ID" Integrated Development to "RM-1" Three-Storey Multiple Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 80 Douglas Avenue (NBGIC Number 368845), from "ID" Integrated Development to "RM-1" Three-Storey Multiple Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 85-390 COMMON COUNCIL JULY 31,1995 4(a) Municipal Plan Amendment (b) Re-ZoninQ 120 Main Street North The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment, as amended by the North End Neighbourhood Plan, to redesignate on Schedule 2-A, the Future Land Use Plan, the property located at 120 Main Street North (NBGIC Number 374165), from Medium Density Residential to Commercial classification; and (b) the proposed re- zoning of the same parcel of land from "RM-1" Three-Storey Multiple Residential to "B- 2" General Business classification, to permit the existing building to be used for office space, as requested by Mr. Richard Hickey, and that no written objections were received in this regard. 4{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's July 25 meeting at which the applicant advised that he has recently entered into an agreement to purchase a property in the Rothesay Avenue area which would allow him to consolidate all of his operations at one site and, therefore, expressed no objections to the staff recommendation that the application with respect to 120 Main Street North be denied; advising that, after considering the submitted report and the applicant's comments, the Committee adopted the staff recommendation to deny the application, including the granting of permission for the existing business to remain at the subject site for a temporary period of up to one year in order to give the applicant time to relocate the business to a new location. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, the application of Mr. Richard Hickey for a Municipal Plan amendment and re-zoning of 120 Main Street North (NBGIC Number 374165), be denied. Question being taken, the motion was carried with Deputy Mayor Chase voting "nay". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 5(a) Zoning By-Law Amendment 158 Manners Sutton Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 750 square metres (8,073 square feet) of land situated at 158 Manners Sutton Road (portions of NBGIC Numbers 50559 and 55092266), from "RF" Rural to "R-1A" One-Family Residential classification, to place the subject property entirely within the "R-1A" One-Family Residential zoning in order to subdivide the property into two serviced residential lots in the future, as requested by Hughes Surveys & Consultants Ltd. on behalf of 1.G. (Gil) Hall and G.A. (Sandy) Robertson, and that no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's July 25 meeting at which the applicant expressed support for the staff recommendation; and recommending that Common Council (1) re-zone approximately 85-391 COMMON COUNCIL JULY 31,1995 750 square metres (8,073 square feet) of land situated at 158 Manners Sutton Road, also being identified as portions of NBGIC Numbers 50559 and 55092266, from "RF" Rural to "R-1A" One-Family Residential classification; (2) assent to an approximately 190 square metre (2,048 square foot) triangular parcel of land located adjacent to 158 Manners Sutton Road to be vested as a public street; and (3) authorize the preparation and execution of a City/Developer subdivision agreement to ensure the provision of the required work, including extension of services and required street improvements. Mr. R. Turner of Hughes Surveys & Consultants Ltd. was present in support of the above proposal, and advised that Hughes Surveys & Consultants Ltd. prepared the application on behalf of the owners and, having reviewed with the owners the Planning Advisory Committee's recommendation, they are pleased with the proceedings. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 750 square metres (8,073 square feet) of land situated at 158 Manners Sutton Road, also being identified as portions of NBGIC Numbers 50559 and 55092266, from "RF" Rural to "R-1A" One-Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 750 square metres (8,073 square feet) of land situated at 158 Manners Sutton Road, also being identified as portions of NBGIC Numbers 50559 and 55092266, from "RF" Rural to "R-1A" One-Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to an approximately 190 square metre (2,048 square foot) triangular parcel of land located adjacent to 158 Manners Sutton Road to be vested as a public street; and (2) authorize the preparation and execution of a City/Developer subdivision agreement to ensure the provision of the required work, including extension of services and required street improvements. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 85-392 COMMON COUNCIL JULY 31,1995 6(a) Section 39 Amendment To Conditions Of Re-ZoninQ 835 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed upon the 1975 re-zoning of a parcel of land at 835 Loch Lomond Road (NBGIC Number 313700), located at the intersection of Loch Lomond Road and McAllister Drive, as amended on October 12, 1982, to permit a retail store, to permit the establishment of a convenience store within the existing retail sales area of the Petro- Canada service station located on the subject site, as requested by Petro-Canada Products, and that no written objections were received in this regard. 6{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report, as well as copies of letters and petitions and one letter in favour of the application, considered at the Committee's July 25 meeting at which the Territory Manager for Petro-Canada Products expressed agreement with the staff recommendation, the Regional Manager for Irving Convenience Stores appeared in opposition to the proposal, and the lessees of the Loch Lomond Irving and the Champlain Heights Irving addressed the Committee; advising that a discrepancy between the property boundaries of the site and the area, which is zoned "B-2" General Business, should be corrected by an amendment to the Zoning By-Law to reflect the existing situation; and recommending that (1) Common Council amend the Section 39 conditions imposed upon the 1975 re-zoning of a parcel of land located at the intersection of Loch Lomond Road and McAllister Drive, being civic number 835 Loch Lomond Road and having NBGIC Number 313700, as amended on October 12, 1982, to permit a retail store; and (2) a re-zoning be initiated by the City to correct the discrepancy between the zone boundaries and property lines of the subject site. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions, as amended on October 12, 1982, imposed upon the 1975 re-zoning of a parcel of land at 835 Loch Lomond Road (NBGIC Number 313700), located at the intersection of Loch Lomond Road and McAllister Drive, to permit a retail store. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, a re-zoning be initiated by the City to correct the discrepancy between the zone boundaries and property lines of 835 Loch Lomond Road: AND FURTHER that the proposed re-zoning 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 September 18, 1995. Question being taken, the motion was carried. 8. Mavor's Remarks Mayor McAlary advised that the public is invited to the official ceremony of the completion of the restoration of the Loyalist Burial Ground on August 4; noted that tickets are now on sale for Festival By The Sea performances to be held August 11 to 20; and commented on the Norman Conquest, consisting of three plays at the Imperial Theatre from August 10 to 30, and a public invitation to Brunswick Square on August 3 for a proclamation in this regard. 85-393 COMMON COUNCIL JULY 31,1995 10. Animal Rescue LeaQue I DOQ Bv-Law Read a report from the City Manager referring to the Animal Rescue League's letter considered in Committee of the Whole on July 4 requesting to meet with Council to discuss the possible amendments to the Dog Control Dog By-Law, and to Council's instructions, with the knowledge that staff was in the process of reviewing by- laws, for staff to meet with the Animal Rescue League to determine the reasons the League would like the By-Law amended and report to Council; and advising that a recent change in the Municipalities Act allowing municipalities to make by-laws in respect to licensing all animals has prompted the League to request a change in the Dog Control By-Law to include cats, for two reasons, namely, funding and licensing, although the League freely acknowledges that its primary reason is monetary and it would like the By-Law amended even if the City were unable to provide additional funding as the licensing requirements alone would have very beneficial results as, while the League currently sells cat tags for identification purposes, there is no City ordinance requiring individuals to purchase these tags. The report also advises that staff of Building and Technical Services has been in contact with other municipalities and, although there is a good argument in favour of inclusion, there are also compelling reasons not to include cats in municipal by-laws, and staff is reviewing this issue and will report to Council prior to approval of the 1996 operating budget and, in this regard, the Animal Rescue League would like to make a formal presentation to Council in September; and recommends that this report be received and filed. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. 11. Seaside Park Consideration was given to a report from the City Manager advising of a proposal by the Western Beaches Preservation Society to construct observation platforms and connecting walkways to enable access from Seaside Park to the beach area, with no requirement for the City to provide capital resources as the Society has indicated that it has all necessary resources and wishes to commence construction immediately, and that Community Services staff has reviewed the preliminary plans and is satisfied that, upon completion of the work, the observation platforms/walkways would become an asset and would enhance Seaside Park; and also advising that the plans are subject to review by the Building Inspector and will require a permit and that, upon completion of the work, the new structure will become the property of the City of Saint John. The report comments on the concept from the point of view of the Recreation and Open Space Strategy adopted in principle by the City in 1992, and staff's concern about the need for a development plan for Seaside Park rather than the ongoing single-project development that is happening, and about maintenance of the platforms/walkways; and submits a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that as recommended by the City Manager, Common Council authorize construction of observation platforms and walkways at Seaside Park by the Western Beaches Preservation Society upon (a) approval of location, layout, finishes, etc., by the Commissioner of Community Services; (b) obtaining all necessary building permits and payment of fees; and (c) providing to the City Manager a letter stating that the Western Beaches Preservation Society is prepared to share with the City of Saint John the cost of maintenance of the new construction and will enter into an agreement with the City on such funding; and further that the Western Beaches Preservation Society be advised that no additional development at Seaside Park, except the construction of the observation platforms/walkways, is permitted until a development plan for Seaside Park is adopted by Common Council. 85-394 COMMON COUNCIL JULY 31,1995 In response to Council queries, Mr. Totten confirmed that the materials to be used will be as maintenance-free as possible, and that he anticipates that the Society will be making application to the Environmental Trust Fund for funding in this regard; and advised that, as of last Friday afternoon, a letter was received from the Western Beaches Preservation Society indicating it would be prepared to enter into an agreement with the City to cost-share on an annual basis the maintenance requirements on the proposed facility; and also advised that, as to whether or not the agreement for maintenance and cost-sharing would be in place prior to final City approval for construction, staff indicated to the Society, on the basis that the Society is most anxious to proceed right away given the construction season, that the City would have to have a letter from it supporting the concept and that a dollar amount for on- going maintenance has been struck with which staff is comfortable, and staff does have an indication and written documentation that the Society will negotiate with staff next week. Question being taken, the motion was carried. 12. Tender For Dump/Sander Units On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of BWS Mfg. Ltd., in the amount of $39,630 (plus taxes), be accepted for the supply of two new combination dump/sander units. Question being taken, the motion was carried. 13. Tender For Sidewalk Tractors On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Saunders Equipment Ltd., in the amount of $90,920 (plus taxes), be accepted for the supply of two new municipal sidewalk tractors. Question being taken, the motion was carried. 14. Tender For Air Compressor On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the tender of M.I.1. Sales Co. of Saint John, in the amount of $16,742 (plus taxes), be accepted for the supply of one trailer-mounted air compressor. The Mayor noted that the above motion was not the City Manager's recommendation to accept the low tender as is the policy, and advised her intent to oppose the motion. Councillor Trites advised that he would not be supporting the motion on the basis that, while recognizing that the second lowest tenderer is a Saint John company, it would set the wrong example to the competitive bidding process by making a move in this direction. Councillor Gould concurred with accepting the low tender as per the City's policy. Mr. Wilson advised that the low tenderer, W.N. White Co. Ltd., has an office in Saint John, although the tender came from its regional office in Halifax, and it would be staff's recommendation to accept the low tender, regardless. Question being taken, the motion was lost with the Mayor and Councillors Brown, Fitzpatrick, Gould, Trites and Waldschutz voting "nay". 85-395 COMMON COUNCIL JULY 31,1995 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of W.N. White Co. Ltd., in the amount of $16,395 (plus taxes), be accepted for the supply of one new trailer-mounted air compressor. Question being taken, the motion was carried. 15. Tender For Industrial Compressors Read a report from the City Manager advising that a review of the five tenders submitted for the supply only of 4 new industrial compressors to be installed by City forces in 2 existing waste water lift stations has determined that the low tender, as indicated in the submitted summary of bids, is not acceptable in that Gilco Bearings, the low bidder, submitted a tender for Ingersol Rand compressors, an alternate to the ones specified and the Ingersol Rand does not meet the tender specifications; and recommending the award of the tender to the second lowest tenderer, Atlantic Compressed Air Ltd. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that as recommended by the City Manager, the tender of Atlantic Compressed Air Ltd., in the amount of $18,600 (plus taxes), be accepted for the supply of 4 new compressors for 2 sewerage lift stations. Question being taken, the motion was carried. 16. Tender For Computer UpQrade Consideration was given to a report from the City Manager submitting a summary of the two tenders received for the supply of hardware and software necessary to upgrade the City's computer network; and explaining why staff, in all but two cases, is recommending award to the lowest bidder. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender for computer upgrade be awarded to G.E. Capital and Avnet Computers, at the prices as indicated by the highlights in the submitted summary of bids. Question being taken, the motion was carried. 17. Tender For UpQrade Of SCADA System On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the tender for upgrade to the City of Saint John SCADA system be awarded to the low tenderer in each case, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 85-396 COMMON COUNCIL JULY 31,1995 18. Tender For Plow Trucks On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the tender of Central Western Star Trucks Ltd., in the amount of $101,200 (plus taxes), be accepted for the supply of one new plow truck as specified in Tender 95-061; and further that the tender of Central Western Star Trucks Ltd., in the amount of $125,300 (plus taxes), be accepted for the supply of one new plow truck as specified in Tender 95-062. Question being taken, the motion was carried. 19. Lifeguard Supervision Lakewood & Dominion Park Beaches On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council authorize that funds in the amount of $16,169 from the Recreation Division Operating Budget be remitted to the Canadian Red Cross as payment of the City of Saint John's obligation towards lifeguard services at Lakewood and Dominion Park beaches. Question being taken, the motion was carried. 20. Zoning By-Law Amendment To Correct C.P. Number 100-340 Read a report from the City Manager advising of three errors which should be rectified in Zoning By-Law Number C.P. 100-340 enacted by Council on May 2, 1994, relevant to Ellerdale Investment Limited's application for the re-zoning of property at Acorn Place in the Westgate Park Subdivision; and recommending that the City initiate the re-zoning process to correct errors in the amendment. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the proposed re-zoning of the following property at Acorn Place in the Westgate Park Subdivision: (a) an approximately 1,424 square-metre portion of NBGIC Number 37929, shown as A on the submitted plan, to a "B-1" Local Business zone; (b) an approximately 1 ,524-square metre portion of NBGIC Number 37929, shown as Bon the submitted plan, to an "RM-1" Three-Storey Multiple Residential zone; and (c) an approximately 1.15-hectare portion of NBGIC Number 37937, shown as C on the submitted plan, to an "RM-1" Three-Storey Multiple Residential zone -- 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 September 18, 1995. Question being taken, the motion was carried. 21. 9-1-1 Civic Address ProQram Consideration was given to a report from the City Manager noting Council's previous approval of street name changes and naming of unnamed streets on the West Side of the City, the areas of Churchill Boulevard and the former Parish of Simonds, and to various areas within the City of Saint John's municipal boundaries, as part of the 9-1-1 Civic Address Program; and submitting a recommendation for the adoption of "Official Street Names" for streets in Category B: Duplicate Street Name Changes; and names in Category C: Unnamed Roadways. 85-397 COMMON COUNCIL JULY 31,1995 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council adopt the following as "Official Street Names": CATEGORY B: Duplicate Street Name ChanQes Brown Street between Rothesay Avenue and Simpson Drive be renamed Tim Street Ridge Street presently accessed from Westmorland Road be renamed Hockey Street Rockland Road between the North South Arterial and Main Street be renamed Osborne Avenue Sproule Road presently accessed from Churchland Road be renamed Cosy Lake Road CATEGORY C: Unnamed Roadwavs INTERNAL REFERENCE TMP8 TMP18 TM P 22 TMP 39A TM P 40 TM P 48 TMP 49 SUGGESTED NAME Leo Lane Irish Rose Lane Clayton Lane Tudor Court Shamrock Court Bundy Lane Doyles Lane. Question being taken, the motion was carried. 22. 2000 McAllister Drive Municipal Services Easement On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council assent to the submitted photo-reduced subdivision plan of the 1760-square metre (18,945-square foot) municipal services easement, as well as to any other necessary municipal services or public utility easements for the development of the area at 2000 McAllister Drive. Question being taken, the motion was carried. 23. 610 Millidge Avenue Public Utilitv Easement On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the City Manager, Common Council assent to the City of Saint John and Canadian National Railway Company Subdivision, corner of Millidge Avenue and University Avenue, City of Saint John, Saint John County, New Brunswick (photo-reduced copy submitted), dated May 30, 1995, with respect to the proposed public utility easement at 610 Millidge Avenue. Question being taken, the motion was carried. 85-398 COMMON COUNCIL JULY 31,1995 24. Broadway Street Storm Sewer Extension Municipal Services Easements On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the purchase of municipal services easements as follows: (a) Linda Walker property at 121 Simpson Drive, approximately 230 square metres for the quoted price of $100, with the City paying all costs associated with transferring title; and (b) Georgie Stein property at 24 Broadway Street, approximately 176 square metres for the quoted price of $100, with the City paying all costs associated with transferring title; and further that the Mayor and Common Clerk be authorized to execute all necessary documents related to the purchase of the above easements. (Rescinded October 28, 1996 Bk. 86 Pg. 128 ) Question being taken, the motion was carried. 25. 334 - 342 Lowell Street Municipal Service Easements On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council approve the purchase of municipal services easements as follows:- (a) Peter and Paula Brillant at 334 Lowell Street, approximately 87 square metres for the quoted price of $450, with the City paying all costs associated with transferring title; and (b) Kevin and Roselle Murphy at 342 Lowell Street, approximately 143 square metres for the quoted price of $500, with the City paying all costs associated with transferring title; and further that the Mayor and Common Clerk be authorized to execute all necessary documents related to the purchase of the above easements. Question being taken, the motion was carried. 26. 87 Germain Street West Sale Of Freehold Interest Read a report from the City Manager advising that Mrs. Judy Smith, daughter of the late Hartley Green, has submitted a request to purchase the freehold interest in the land on which her late father's house stands at 87 Germain Street West as part of the process of clearing up estate matters, and her offer of $600 is acceptable given the location of the property and the condition of the building; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council approve the sale of the property at 87 Germain Street West to Judy Smith for the offered price of $600 plus taxes, the purchaser to be responsible to pay any outstanding taxes, other incumbrances, survey costs and legal costs incurred to transfer title, and the Mayor and Common Clerk be authorized to execute all necessary documents. Question being taken, the motion was carried. 27. Lilac Lane & Honeysuckle Drive Meadowland Subdivision - Easement Consideration was given to a report from the City Manager advising that 85-399 COMMON COUNCIL JULY 31,1995 the residents of 14 Lilac Lane and 46 and 50 Honeysuckle Drive were experiencing water drainage problems on their properties in the fall of 1994 and, having requested the assistance of the developer and the City to correct the problem, the City met with the developer, Manford Thompson, to discuss an equitable solution to the problem, with Mr. Thompson agreeing to install the required services and the City agreeing to reimburse Mr. Thompson the cost of materials and also to file the required easement; also advising that, as fast action was required to alleviate the problem and minimize potential flooding, the required services were installed with the verbal permission of the respective property owners, the job has been completed and the cost-sharing deal finalized, and staff has since obtained written permission for the easement; however, the easement has yet to be filed; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council authorize the acquisition of an easement for municipal services from the below-listed properties for the indicated terms:- 1. 14 Lilac Lane Owner: G. Marguerite Belyea - over an area covering approximately 76 square metres, as shown on the submitted plan, for the sum of $1, plus legal and survey costs 2. 50 Honeysuckle Drive Owner: Bernard Allan Leavitt - over an area covering approximately 27 square metres, as shown on the submitted plan, for the sum of $1, plus legal and survey costs 3. 46 Honeysuckle Drive Owner: Stanley and Judith Irvine - over an area covering approximately 88 square metres for the sum of $800, plus legal and survey costs. (Rescinded October 2, 1995 Bk. 85 Pg. 490 ) Question being taken, the motion was carried. 7. Camille Kehoe - Relocation Of Fat Freddies Mobile Restaurant Consideration was given to a letter from John Kehoe / Camille Kehoe of Fat Freddies mobile restaurant, regarding the issue of relocation of their business while King's Square North is under construction; requesting, due to the need of foot-traffic access to survive and foot traffic will be eliminated on King's Square North during the construction, to locate the business at the northeast corner of King's Square until the north side of King's Square is completed at which time the business would be moved back to near its present site and have one or two stalls in the Parking Commission lot between the old Dominion Store and the Paramount Theatre; and advising that, as the need for a level surface and customer access is very important for this business to operate, to be moved to the Imperial Theatre area is definitely not feasible, nor is Sydney Street level or visible from Uptown or Square patrons. Mrs. Camille Kehoe, representing Fat Freddies, addressed Council on the issue of relocation of this business while King's Square North is under construction; and apprised Council of the history of this seasonal business in the City in that it has not yet recovered from its first year debt and, now in year 3 in the middle of its busy season, it cannot afford the loss of sales and it is the City's intent to tear up the street. Mrs. Kehoe expressed the opinion that Fat Freddies should be able to move across the street to the northeast corner of King's Square since the foot traffic will all be directed there, and as King's Square is open year-round to other vendors, groups and events, including hot dog carts, ice cream and t-shirt vendors, Festival By The Sea, Loyalist Days, pony rides, Harley Owners group bike show, religious groups, and Christmas-tree sellers. Mrs. Kehoe explained that Fat Freddies is not requesting to locate in King's Square permanently, but only until after construction on the side of the street of its vending site is completed, when it will go into the parking lot adjacent to its site once the foot traffic is back there, for four to six weeks, as long as the construction does not 85-400 COMMON COUNCIL JULY 31,1995 run over time; and, having explained the possible effect on them of the loss of business should it be necessary to relocate to the other sites mentioned by City staff which are not visible to King's Square, considering that August and September is its busy time, advised that she wanted to bring this to Council's attention before it makes a decision on where the business is to go. During discussion Mrs. Kehoe advised that the walkway at the northeast corner of King's Square measures 15 feet wide and Fat Freddies' bus measures 7 feet 10 inches wide, which means that the bus could be located on the pavement with room for pedestrians to walk around it, and that, once work on the side of the street where its vending site is located is completed and traffic is directed to that site, Fat Freddies could go into the parking lot for the remainder of the construction, following which it would move back to the vending site it purchased; and Councillor Gould suggested that, in view of Mrs. Kehoe's indication that she had not seen the recommendation in item 9 on the agenda of this meeting, Mrs. Kehoe should be made aware of the recommendation being made in this report from the City Manager. 9. Relocation Of Street Vending Site From KinQ's Square North Consideration was given to a report from the City Manager advising that, with regard to the three street vending sites for use by motor vehicles commonly called french fry trucks, the site on King's Square South has not been sold and merchants have advised staff that it does not have enough pedestrian traffic to be viable based on experience in 1994 and, as the City is undertaking the reconstruction of King's Square North and the project is planned to run from mid-August to mid-October this year, this construction will necessitate the closure of the vending site on King's Square North for the duration of the construction; and also advising that staff has met with the vendor to discuss alternate sites where he might relocate during construction and four temporary sites satisfactory to the vendor have been identified, as follows:- (1) in King's Square; (2) Charlotte Street in the loading zone at the Bank of Nova Scotia; (3) Sydney Street, west side beside King's Square; and (4) Sydney Street, west side beside the former grocery store. The letter comments on the four sites in question; and recommends that vendor site 95-C be temporarily relocated to the west side of Sydney Street approximately 5 metres north of its intersection with King's Square North, until construction is complete on North King's Square, and further that the Chief of Police be authorized to temporarily relocate this site to other nearby locations should it be necessary. Mr. Totten advised that, while he recognizes that the recommendation in the above report does not meet the aspiration of the owners of Fat Freddies as they have clearly indicated to staff that their preference is to be in King's Square, he is unable to recommend allowing this establishment to move into King's Square; and Mrs. Kehoe explained that, due to the need to have their friers level, the incline on the recommended site would mean that the bus would have to be jacked up to a point where the wheels are off the ground in order to have it level, and their insurance company would not cover them for that, so a large amount of asphalt would have to be put down to create a level platform there. There was discussion with regard to other possible locations, as well as the reason for undertaking street construction in King's Square at the peak of the tourist season and the possibility of putting off the project until as late as possible in the fall or the spring, the latter which Mr. Totten addressed on the basis that the work on King's Square North, if Council approves item 28 on the agenda of this meeting, is a planned 60-day job from mid-August to mid-October and, should it run late to October 31, there is a concern about laying asphalt beyond that period of time; expressed the opinion that, if Council is asking that the reconstruction of King's Square North be deferred in order to accommodate Fat Freddies, it would be necessary to find another solution as this is a major capital construction job and he would rather search out some other source or some other solution rather than defer that job as he would not want to risk a capital job underway and then run into weather problems in October; and advised that, as there has to be a solution without deferring a major construction job and that does not have Fat Freddies in King's Square, staff could attempt to look at other options should Council so wish. On motion of Councillor Brown 85-401 COMMON COUNCIL JULY 31,1995 Seconded by Councillor Knibb RESOLVED that John and Camille Kehoe be allowed to temporarily locate Fat Freddies mobile restaurant on the northeast corner of King's Square. Discussion ensued during which time Mr. Totten explained that the King's Square Master Plan, even for a short period of time, did not contemplate the placing of such vehicles in the Square, and there are concerns with respect to blocking the 15-foot path by a little over half, the uncertainty that this particular service would do anything to enhance the Square even though it would only be for four to six weeks, litter, and the situation of pigeons and the serving of food in the Square, and that he would far rather find a solution to that proposed above; and Mr. Armstrong addressed the proposed reconstruction of King's Square North and suggested that, once a contractor is identified, there might be a possibility to have some discussion to explore at least trying to shorten the period that the Kehoes would have to move from their site. Councillor Waldschutz asked if the mover and seconder of the above motion would amend it by making it subject to another satisfactory solution; for example, not doing the project until the spring being investigated, and Councillor Brown expressed the view that it is not Council's purpose to discuss construction matters but rather to settle a problem for people who are trying to make a living. Mr. Rodgers advised his reluctance, with no referral or tabling motion and with the motion on the floor which he could not assume would be defeated, to bring up the issue of the Charter, but the Charter prevents this sort of use in King's Square; and, having made the observation that whatever uses have taken place in the past in King's Square have probably been done without authority from Council, explained that, as this is an official request to Council, he must bring to Council's attention that, if an accident occurs in King's Square as a result of this business and Council has authorized it without authority, Council is doing so with that risk which he cannot recommend that Council take on. Question being taken, the motion was carried. 28. Tender Contract 95-22 On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, (1) contract 95-22, King's Square North reconstruction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $481,461.50, as calculated based upon estimated quantities; and (2) a purchase order for an estimated $124,000 be placed with the Power Commission of the City of Saint John for the electrical wiring and street lighting; and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried with Councillor Waldschutz voting "nay". 29. Mobile Home Parks Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law To Regulate And License Mobile Home Parks In The City Of Saint John", with respect to street signage, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law To Regulate And License Mobile Home Parks In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 30. Committee Of The Whole Report 85-402 COMMON COUNCIL JULY 31,1995 Read the 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 recommendation, namely:- 1. That as recommended by the Nominating Committee, Michael Arbow be appointed to the Saint John Transit Commission for a term to expire June 30, 1998. July31,1995, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 30.1. Saint John Transit Commission On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 31. Committee Of The Whole Report Read the 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 July 17, 1995, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council ratify the submitted Letter of Agreement with Local 18, CUPE, relating to issues flowing from technological change in the area of the daily reporting of working hours, and authorize the Mayor and Common Clerk to execute the agreement on behalf of the City. 2. That as recommended by the City Manager, Common Council accept the offer from M. Wayne Moore Building Contractor Inc. to purchase approximately 49,000 square feet of land on Raynes Avenue for $40,000, subject to the following: (a) Council's acceptance of this offer does not bind the City of Saint John to close any portion of Raynes Avenue or to approve this proposal or any subsequent proposal for the development of this land; (b) the City of Saint John paying all survey and legal costs associated with the transfer of title to this property; (c) the purchaser carry out the development in accordance with the development standards indicated in the proposal call; (d) the property is sold "as is" with the City of Saint John accepting no responsibility for the condition of the surface or subsurface; (e) M. Wayne Moore Building Contractor Inc. is herein given 45 days from the date of Council's acceptance of this offer to conduct soil tests and confirm in writing its intent to purchase this 85-403 COMMON COUNCIL JULY 31,1995 property in an "as is condition"; and (f) the purchaser deposit with the City, within 45 days of Council's acceptance of this proposal, a certified cheque in the amount of $4,000 as a guarantee the purchaser will purchase the property, said cheque to be forfeited to the City should the purchaser not purchase the property before a date to be determined by the Manager, Real Estate & Facility Management Department. 3. That as recommended by the City Manager, the position of Commissioner of Development Services be filled by a reassignment of responsibilities among other Commissioners. 4. That as recommended by the City Manager, (1) the position of Commissioner of Environment and Infrastructure be changed to Commissioner of Environment and Development Services; and (2) complete responsibility, including long-term planning, for the City's infrastructure be assigned to the Commissioner of Municipal Operations. July31,1995, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 31.1. Letter Of AQreement With Local 18 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 31.2. Ravnes Avenue Development Proposal On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. (Councillor Arthurs declared a possible conflict of interest and withdrew from the Council table.) Question being taken, the motion was carried. (Councillor Arthurs returned to the Council table.) 31.3. Commissioner Of Development Services On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 31.4. Reassignment Of Commissioner Of Development Services Responsibilities On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 4 of the above report be adopted. 85-404 COMMON COUNCIL JULY 31,1995 Mr. Totten, in commenting on the above matter, noted the concern expressed at Council's last meeting during a presentation by the Citizens Coalition For Clean Air that the City's Commissioner of Environment did not have the staff resources to, in many cases, research projects; and explained that the proposed move will solve some of that problem, as well as place, in the area of Development Services, a Commissioner who has had a long experience with the City and is well versed with the issues within the development community, and that his recommendation to Council involves changing Mr. J. C. MacKinnon's position of Commissioner of Environment and Infrastructure Services to Commissioner of Environment and Development Services where he would assume full responsibilities that were previously handled by Mr. S. Bedford, and also clarifying within the administration the responsibility for infrastructure - roads, streets and pumping stations, as all those issues and the long-term planning with infrastructure are clearly the responsibility of the Commissioner of Municipal Operations, Mr. C. Robichaud. (Councillor Fitzpatrick re-entered the meeting during the above comments.) Question being taken, the motion was carried. 32. FCM - Resolution On Infrastructure ProQram On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Federation of Canadian Municipalities advising that, with regard to Common Council's resolution on the extended infrastructure program submitted for consideration at FCM's Annual Conference, a motion was adopted by the Conference delegates to defer this issue until the National Infrastructure Program's evaluation is complete and FCM has had an opportunity to review the findings and prepare its strategy -- be received and filed. Question being taken, the motion was carried. 33. Communications, Energy And Paperworkers Union Of Canada Replacement Workers DurinQ Strike On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Communications, Energy and Paperworkers Union of Canada, Local Union 691, asking Common Council to take a public stand on the issue of replacement workers during strikes -- be received and filed. The Mayor made the observation that Council did take a stand on Bill 21 to amend the Industrial Relations Act, which was the subject of a hearing by the Law Amendments Committee in Fredericton. Question being taken, the motion was carried. On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that a letter be forwarded on behalf of the Mayor and Council of the City of Saint John to all persons or parties involved in the Irving Oil Refinery strike asking that they make renewed efforts to bring the strike to a conclusion. Question being taken, the motion was carried. 85-405 COMMON COUNCIL JULY 31,1995 34. Citizens Coalition For Clean Air Julv 17 Presentation To Council On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from Mr. Gordon Dalzell, Co-Chair of the Citizens Coalition For Clean Air, submitting a copy of his July 17 presentation to Council on the citizens' position issue on the issue of pollution and the role and need for priority attention on this issue affecting the City -- be received and filed. Councillor Brown asked if Council will be taking any action on the above matter to which the Mayor replied in the affirmative as a report is expected from staff subsequent to last week's meeting. Question being taken, the motion was carried. 35. Ray Dor 1988 Limited Application Zoning By-Law Text Amendment 229 Churchill Boulevard On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the application of Ray Dor 1988 Limited for a Zoning By-Law text amendment with regard to 229 Churchill Boulevard 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 September 18, 1995. Question being taken, the motion was carried. 36. The Marco Polo Project Commemorate Stamp & Coin On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Barry K. Ogden of The Marco Polo Project requesting a letter of support for the group's request for a commemorate stamp and coin -- be received and filed and a letter of support be forwarded as requested. Mayor McAlary advised that, further to Council's approval at the last meeting of her initiative in setting up a task force with respect to the Marco Polo Project, Enterprise Saint John and the Board of Trade will be meeting to offer names of persons for the task force and that it is expected that this will be before Council at its next meeting; and invited Council members to advise her of suggested persons for the task force. Question being taken, the motion was carried. 37. Steve Peters - Clean-Up Of Three Sites Rothesav Avenue / Foster Thurston Drive On motion of Councillor Knibb Seconded by Deputy Mayor Chase 85-406 COMMON COUNCIL JULY 31,1995 RESOLVED that the letter from Mr. Steve Peters expressing the opinion that the former MacKnight property on Rothesay Avenue and Foster Thurston Drive looks worse today than before and should be cleaned up, as should the front of the Ritchie Lumber Store -- be referred to the City Manager. Question being taken, the motion was carried. 38. Colpitts Associates Canterbury Street Reconstruction On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Colpitts Associates voicing frustration after almost two months of dealing with continuous and dirt on Canterbury Street; and asking that, in future, the following be addressed: (1) concern for the negative impact of any work; (2) a recognition of the costs to business of civil disruptions; (3) writing tenders to reward methodology which is minimally disruptive; and (4) a bonus for fast job delivery and a penalty for delays -- be referred to the City Manager, and a letter of apology be forwarded to Mr. Colpitts who had to close down his business in mid-July. Question being taken, the motion was carried. 39. Steve Anderson - Landfill Issue On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mr. Steve Anderson expressing the view that the June 26 approach to the Lorneville Community and Recreation Association is an alarming development in the search for a landfill site and an affront to him as a Lorneville resident in that the Association is not the forum which the City of Saint John should approach to consider accepting, on behalf of the entire community, what is no more than a bribe; suggesting that the only democratic way of putting the decision to the people is by referendum, as this will allow all Lorneville residents the opportunity to express their wishes fairly and freely; and asking the City to stand by its earlier motion which was to forget about looking at the Lorneville Peninsula as a potential landfill site, and for a formal response in this regard -- be received and filed. Question being taken, the motion was carried. 40. Teed & Teed Re Labour Temple. Dominion Park On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Mr. Eric L. Teed of Teed & Teed, Barristers & Solicitors, advising that he has been contacted by several residents of the Dominion Park area with respect to Common Council resolution of May 1, 1995 and the proposed lease of land in Dominion Park to the Hatheway Board of Trustees; explaining why his clients feel that the May 1 resolution should be rescinded; and asking that, as he would like the opportunity to make a formal presentation on this matter of concern, the City take no further action until he has had an opportunity of setting out his clients' concerns and the matter has been clarified -- be referred to the City Manager and the City Solicitor. Deputy Mayor Chase suggested that Mr. Teed would best serve his clients' interests by first meeting with the City Manager and the City Solicitor and awaiting the staff report to Council, rather than trying to deal with Council first. Councillor Gould expressed the view that, as Mr. Teed has specifically asked for an opportunity to appear before Council to make a presentation, everything should be held in abeyance until such time as Mr. Teed makes his formal presentation. 85-407 COMMON COUNCIL JULY 31,1995 Question being taken, the motion was carried with Councillor Gould voting "nay". Adjournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk