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1998-06-29_Minutes 87-86 COMMON COUNCIL JUNE 29, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-ninth day of June, AD. 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; P. Hanlon, Manager of Water and Sewerage Services; R. Pollock, Planner; D. Logan, Purchasing Agent; D. O'Toole, Recreation Supervisor; G. Tait, Fire Chief; R. Simonds, Deputy Fire Chief; A Bodechon, Assistant Deputy Chief of Police; Miss A Poffenroth, By-Law Enforcement Officer; Mrs. K. Spence, Building Inspection; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, 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 Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on June 15, 1998, be approved. Question being taken, the motion was carried. 6. Mayor's Remarks The Mayor acknowledged the presence at the meeting of Colin Whitcomb, 1st Vice President of Uptown Saint John Inc., who updated Council on three of Uptown Saint John Inc.'s recent promotional and beautification projects, including landscaping efforts at the four corners of King and Germain Streets; a Welcome to Saint John graphic installed on the pedway between City Hall and Market Square; and the Uptown Saint John Ambassador Program and, in the latter regard, introduced Ambassador team members Christopher Gallant, Trina Trecartin, Katy McDevitt, Heather Steele, Robert Hicks, Jason Hammond, David Kawatra, Allison Vienneau and Jessica McCormack, and Paula Harris, Marketing Manager for Uptown Saint John. Mayor McAlary introduced Matt McKim, President of ACAP Saint John, who thanked the City for selecting ACAP Saint John to be the recipient of the award for environmental leadership this year, the support provided ACAP Saint John over the past year in projects such as the water conservation program, the water quality monitoring program, the determination of the extent of contamination of Marsh Creek, and its beach and creek sweep efforts; and the City's decision, in concert with the senior levels of government, to proceed with the North End sewer collector and pump station infrastructure project. 3(a) Zoning By-Law Amendment To Re-Zone 1832 ManawaQonish Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of (a) approximately 7060 square 87 -87 COMMON COUNCIL JUNE 29, 1998 metres (75,996 square foot) of land at 1832 Manawagonish Road, also identified as NBGIC Numbers 55024152 and 55114037 (portion thereof), from "B-2" General Business and "R-1A" One-Family Residential to "TH" Townhouse classification, and (b) approximately 588 square metres (6,329 square feet) of land, also identified as NBGIC Number 55024152 (portion thereof), from "B-2" General Business to "R-1A" One-Family Residential classification, to carry out a development consisting of thirteen one-storey townhouse units on a private street, as requested by Manford M. Thompson Construction Company Limited and 051833 N.B. Ltd., and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and letters regarding the proposed re-zoning considered at the Committee's June 23 meeting at which the applicant expressed support for the staff recommendation and presentations were made by area residents in support of the development, with concern expressed regarding the potential for noise and dust during construction, the increase in traffic and an existing low water pressure problem being experienced by several residents of Ridge Row; and recommending that Common Council amend the Zoning By-Law for the City of Saint John by: (a) re-zoning approximately 7060 square metres (75,996 square feet) of land at 1832 Manawagonish Road, also identified as NBGIC Numbers 55024152 and 55114037 (portion thereof), from "B-2" General Business and "R-1A" One-Family Residential to "TH" Townhouse classification, subject to a Section 39 resolution that would require the subject area to be developed in accordance with a detailed site plan showing a landscaping berm with 1.5-metre (5-foot) high cedar trees spaced 1.2 metres (4 feet) apart and a solid cedar hedge along the western and northern property boundaries as illustrated on the submitted concept plan; and (b) re- zoning approximately 588 square metres (6,329 square feet) of land, also identified as NBGIC Number 55024152 (portion thereof), from "B-2" General Business to "R-1A" One-Family Residential classification; and (2) Common Council request a report from the Chief City Engineer regarding the low water pressure problem being experienced on Ridge Row. Manford Thompson, President and General Manager of Manford Thompson Construction Company Limited, appeared in support of the application; and, in expressing his agreement with Planning staff and the Planning Advisory Committee reports, expressed the view that his project would only help the water pressure situation in Mahogany Heights by bringing in more tax money to help pay for whatever has to be done there. Joyce Larsen spoke in support of the proposed development, having lived in a garden home at Blue Heron Park and wanting to once again do so. On motion of Councillor Fitzpatrick 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 (a) approximately 7060 square metres (75,996 square feet) of land at 1832 Manawagonish Road, also identified as NBGIC Numbers 55024152 and 55114037 (portion thereof), from "B-2" General Business and "R-1A" One-Family Residential to "TH" Townhouse classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee; and (b) approximately 588 square metres (6,329 square feet) of land, also identified as NBGIC Number 55024152 (portion thereof), from "B-2" General Business to "R-1A" One-Family Residential classification, be read a first time. Mr. Groody, replying to Councillor Vincent's questions, advised that the proposed homes would not experience the water pressure problems currently being experienced on Ridge Row nor affect, to an appreciable degree, the subject properties on Ridge Row. Question being taken, the motion was carried. 87-88 COMMON COUNCIL JUNE 29, 1998 Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning (a) approximately 7060 square metres (75,996 square feet) of land at 1832 Manawagonish Road, also identified as NBGIC Numbers 55024152 and 55114037 (portion thereof), from "B-2" General Business and "R-1A" One-Family Residential to "TH" Townhouse classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee; and (b) approximately 588 square metres (6,329 square feet) of land, also identified as NBGIC Number 55024152 (portion thereof), from "B-2" General Business 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 Ball Seconded by Councillor Vincent RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council request a report from the Chief City Engineer regarding the low water pressure problem being experienced on Ridge Row. Question being taken, the motion was carried. 6. Mayor's Remarks At the Mayor's invitation, Chief Tait recognized Mark Gillen of the Saint John Fire Department in attaining a Bachelor of Business Administration degree from UNBSJ in the spring of 1998. 4. Norman McGrath, And Shirley McGrath, To Appear Re Dangerous And Unsightly Condition Of House And Property At 118 Midwood Avenue; George Hazel Sparks, And Victor Roy Watters, And Edwin Sterling Watters, To Appear Re Dangerous And Unsightly Condition Of Property On South Side Of Midwood Avenue 4{a) Notice had been given to Norman McGrath, and Shirley McGrath, and any other person it may concern, to appear to show cause, if any, why Common Council should not find the house and the property at 118 Midwood Avenue to be in a dangerous and unsightly condition and also require them to remedy the condition, by either demolishing the house and removing the debris and the other dangerous and unsightly items or by carrying out the work set out in the submitted inspection report. Notice had also been given to George Hazel Sparks, and Victor Roy Watters, and Edwin Sterling Watters, and any other person it may concern, to appear 87 -89 COMMON COUNCIL JUNE 29, 1998 to show cause, if any, why Common Council should not find the house and part of a garage and the property on the south side of Midwood Avenue to be in a dangerous and unsightly condition and also require them to remedy the condition by either demolishing the house and the garage and removing the debris and other dangerous and unsightly items or by carrying out the work set out in the submitted inspection report. 4{b) Consideration was given to a report from the City Manager advising that the wood frame building, being a house, located at or near 118 Midwood Avenue (NBGIC Number 346452), is partly located on two different portions, indicated as Parcels "A" and "B" on the submitted surveyor's certificate, Norman and Shirley McGrath being the registered owners of Parcel "A", and George Hazel Sparks, Victor Roy Watters and Edwin Sterling Watters being the registered owners of Parcel "B", and Building Inspection records indicate that the building has been vacant and frequently open to public entry since approximately February of 1992, having deteriorated over the years to a point where it is dangerous to the public; and also advising that the properties are also littered with appliances and other debris. The report states that the unsightly condition of the properties, as well as the structural problems associated with the building, result in potential danger to neighbours and children in the immediate vicinity as well as any transients; refers to the submitted inspection reports prepared by Deputy Building Inspector David G.M. Crawford which set out the particulars of the condition of the building; and recommends adoption of the submitted resolutions in this regard. Norman McGrath of 185 Riverview Drive West apprised Council of the situation commencing with his divorce in 1985 to date, having lived in the house until 1994; advised that he was made aware of the condition of the property last November when the Building Inspector called him; and expressed the view that the only thing wrong with the house was that it needed painting and new windows, and also that the other things had to be cleaned up. In response to questions, Mr. McGrath also advised that, having been to the property last Thursday to start to clean it up, the garage was no longer there, and that he would like to fix the house up; and, as to whether or not Mr. McGrath could legally move back into the house if it were habitable, advised that he was working on that, having been under court order since 1985 and that, having responded in the affirmative to a question of whether he was willing to do anything to bring the property up to a standard that would meet the Building Inspector's satisfaction, advised that he did not know if he could accomplish it in fifteen days; and, as to the payment of water and sewerage and property taxes on the subject property for the last five years, advised that nobody had been paying these. Mr. MacKinnon noted the issue before Council at this time of the dangerous and dilapidated building at 118 Midwood Avenue, being a house sitting on two pieces of property, which resulted in various people having been notified as the main part of the house sits on property owned by Norman McGrath and Shirley McGrath and a small corner of the property sits on a twenty-foot easement which runs parallel to the property for which, as the owners are believed to be deceased, notice was placed in the newspaper and on the property. Mr. MacKinnon confirmed that the garage referenced, which was partially on the twenty-foot easement as well as on a third property, has in the past week been removed and the property cleaned, and the main house was the only portion remaining; and, referring to the submitted photographs, commented on its condition as described in the above correspondence. Mr. MacKinnon expressed the view that, although the owners have been given the option of doing something about the property, it did not look like a property, looking at it very practically, that could be easily rehabilitated and, in fact, he considered it to be in poor condition and should be demolished; and recommended that the resolutions included in the above report be adopted. Mr. Nugent advised that, if Council were inclined to adopt the resolutions recommended, the reference therein to an oral report of Mr. William Edwards, who was unable to be present at this meeting, should be replaced with a reference to Claude MacKinnon. 87-90 COMMON COUNCIL JUNE 29, 1998 On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the following resolution be adopted, namely: "WHEREAS the records in the Saint John County Registry Office show Norman McGrath and Shirley McGrath to be the registered owners of the freehold title to the parcel of land which is located on the southerly side of Midwood Avenue in the City of Saint John, N.B., and is identified as parcel 12732 on the portion of the New Brunswick Geographical Information Corporation plan which was submitted as Schedule "B". The McGrath property is identified with the letter "A" on the portion of the surveyor's real property report which was submitted as Schedule "C". The McGrath property is more particularly described in the Schedule "A" which was submitted and which was attached to the deed from Charlotte Elizabeth Garnett to Norman McGrath and Shirley McGrath which was dated September 7, 1973, and was recorded in the Saint John County Registry Office on September 10, 1973, in book 705 as number 243478 beginning at page 885; AND WHEREAS the McGrath property is located in an area mentioned in the By-Law entitled "A By-Law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John"; AND WHEREAS there are located upon the McGrath property a portion of a house which has become dilapidated or deteriorated so as to be in a dangerous and unsightly condition, as well as such dangerous and unsightly items as a derelict vehicle, a refrigerator, deteriorated building materials, and vehicle parts. The house and the dangerous and unsightly items are shown on the Schedule "D" which was submitted; AND WHEREAS, after having considered (a) the submitted inspection report of Mr. David Crawford, P.Eng., Deputy Building Inspector, which is dated April 1 , 1998, (b) the report from the City Manager and others which was dated June 23, 1998, (c) the submitted letter from Division Chief Thomas P. White of the Saint John Fire Department, and (d) the oral report of Mr. J. Claude MacKinnon, Commissioner of Environment and Development Services of The City of Saint John, we find that the McGrath property is in a dangerous and unsightly condition because of the dangerous and unsightly house and the dangerous and unsightly items being upon it: BE IT RESOLVED that Norman McGrath and Shirley McGrath are hereby required to, within 15 days after a notice from the Building Inspector is served upon them in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the McGrath property by either demolishing the portion of the house which is located on their property and removing the debris and the other dangerous and unsightly items or by carrying out the work which is set out in Mr. Crawford's report and is applicable to the McGrath property: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Norman McGrath and Shirley McGrath, in accordance with section 190(4), a notice which requires them to, within 15 days of being served, remedy the dangerous and unsightly condition of the McGrath property by either demolishing the portion of the house which is located on their property and removing the debris and the other dangerous and unsightly items or by carrying out the work which is set out in Mr. Crawford's report and is applicable to the McGrath property: BE IT FURTHER RESOLVED that in the event that Norman McGrath and Shirley McGrath do not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order which would (a) require Norman McGrath and Shirley McGrath to demolish the portion of the house which is located on their property and remove the debris and the other dangerous and unsightly items within 15 days or such further time as the Court deems appropriate, and would (b) authorize The City of Saint John to cause the 87 -91 COMMON COUNCIL JUNE 29, 1998 aforesaid portion of the house to be demolished and the debris and the other dangerous and unsightly items to be removed at the expense of Norman McGrath and Shirley McGrath in the event that they do not comply with the Order.". Question being taken, the motion was carried. On motion of Deputy Mayor Chase Seconded by Councillor Titus RESOLVED that the following resolution be adopted, namely: "WHEREAS the records in the Saint John County Registry Office show George Hazel Sparks and Victor Roy Watters and Edwin Sterling Watters, being the residuary legatees under the last will and testament of Warren Guy Watters, to be the registered owners of the freehold title to the twenty (20) foot wide reserved lane which is located on the south side of Midwood Avenue, Saint John, N.B., between the parcels of land which are identified by the New Brunswick Geographical Information Corporation numbers 246452 and 348474. The lane is identified by the letter "B" and the words "Local Common" on the portion of the surveyor's real property report which was submitted as schedule "C". The lane is herein referred to as the "Sparks and Watters property" AND WHEREAS the Sparks and Watters property is located in an area mentioned in the By-Law entitled "A By-Law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John"; AND WHEREAS there are located upon the Sparks and Watters property a portion of a house and a portion of a garage, both of which have become dilapidated or deteriorated so as to be in a dangerous and unsightly condition, as well as such dangerous and unsightly items as a derelict vehicles, vehicle parts, oil tanks, a furnace, plastic pails, oil drums, a vehicle axle, a steel trailer frame, pieces of lumber, and a refrigerator. The house and the garage and the dangerous and unsightly items are shown on the schedules "D" and "G" which were submitted; AND WHEREAS, after having considered (a) the submitted inspection reports of Mr. David Crawford, P. Eng., Deputy Building Inspector, which are dated April 1, 1998, (b) the report from the City Manager and others which was dated June 23, 1998, (c) the submitted letter from Division Chief Thomas P. White of the Saint John Fire Department, and (d) the oral report of Mr. J. Claude MacKinnon, Commissioner of Environment and Development Services of The City of Saint John, we find that the Sparks and Watters property is in a dangerous and unsightly condition because of the portions of the dangerous and unsightly house and garage and the dangerous and unsightly items being upon it: BE IT RESOLVED that George Hazel Sparks and Victor Roy Watters and Edwin Sterling Watters are hereby required to, within 15 days after a notice from the Building Inspector is served upon them in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the Sparks and Watters property by either demolishing the portion of the house and the portion of the garage and removing the debris and the other dangerous and unsightly items or by carrying out the work which is set out in Mr. Crawford's report and is applicable to the Sparks and Watters property: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon George Hazel Sparks and Victor Roy Watters and Edwin Sterling Watters, in accordance with section 190(4), a notice which requires them to, within 15 days of being served, remedy the dangerous and unsightly condition of the Sparks and Watters property by either demolishing the portion of the house and the portion of the garage which are upon the property and removing the debris and the other dangerous and unsightly items or by carrying out the work which is set out in Mr. Crawford's report and is applicable to the Sparks and Watters property: BE IT FURTHER RESOLVED that in the event that George Hazel Sparks and Victor Roy Watters and Edwin Sterling Watters do not comply with the 87 -92 COMMON COUNCIL JUNE 29, 1998 Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order which would (a) require George Hazel Sparks and Victor Roy Watters and Edwin Sterling Watters to demolish the portion of the house and the portion of the garage which are located on the Sparks and Watters property and remove the debris and the other dangerous and unsightly items within 15 days or such further time as the Court deems appropriate, and would (b) authorize The City of Saint John to cause the portion of the house and the portion of the garage which are upon the Sparks and Watters property to be demolished and the debris and the other dangerous and unsightly items to removed at the expense of George Hazel Sparks and Victor Roy Watters and Edwin Sterling Watters in the event that they do not comply with the Order.". Question being taken, the motion was carried. On motion of Councillor Ball Seconded by Councillor Vincent RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 5. Loyalist Days Inc. Re 1998 Festival Consideration was given to a brief from Loyalist Days Inc. titled "Hope Restored: The 1998 Loyalist Days Festival July 22-26", including the projected expenses and revenues for the 1998 Loyalist Days Festival as of June 25, 1998. Candice MacDonald of Loyalist Days Inc. advised that the purpose of this presentation was to rekindle the close relationship with the Government of Saint John that had already been rekindled with the people of the City, the Board of Directors of Loyalist Days Inc. having been challenged, when it met with Common Council, to re- examine its traditional means of support because, in effect, the Board could no longer expect a large operating grant from City Hall and should look to the private sector and to volunteers for support. Ms. McDonald acknowledged Council's advice as wise in that, while the outlook for the Loyalist Days Festival may have looked grim in the months immediately after the previous Council's decision to cut funding, the growing network of volunteers and private sector contacts have appeared to turn the Festival into one of the most exciting in recent years. Ms. MacDonald compared some of this year's achievements with those of previous festivals, and highlighted events for the 1998 Festival. Ms. MacDonald expressed the view that, while the Festival would go without the support, financial or otherwise, of the Municipal Government, the citizens of Saint John still wanted a Loyalist Days Festival and, as their representative, it was hoped that Council would agree to participate in such an undertaking and, as the need for the previously requested $35,000 from the City had been eliminated with Loyalist Days' private sector partners and more modest yet still very entertaining events, a grant of $3,500 - ten per cent of the original request, would be greatly appreciated, and a grant of $2,000 would help cover publication costs or pay for the Delancey's encampment. A motion was proposed by Councillor Court and seconded by Councillor Ball, to give $2,000 to Loyalist Days. Councillor Trites advised that he would not object to the Mayor, if she so chose, hosting a small event for Loyalist Days out of her promotional budget, but he could not support a grant of $2,000, as he had some difficulty in rationalizing the numbers Council had before it and more difficulty in, once again, breaking the budget document adopted by Council. Councillor Desmond advised that he could not support the motion because, due to budget restraints, Council could not approve a grant for Loyalist Days, and Councillor Fitzpatrick advised that he would stick to the budget set by Council. Councillor Chase questioned the involvement of the City's Cultural Affairs Officer in the Loyalist Days Festival which was considered a cultural event; and Deputy Mayor Chase concurred with the Mayor and Council hosting an event, and suggested that the City could assist in-kind if Loyalist Days needed equipment, such as a sound 87-93 COMMON COUNCIL JUNE 29, 1998 system or speakers, and that those Council members who wished could support the event by turning out in Loyalist costume. Councillor Titus concurred with the suggestions that the Mayor host a reception and giving some sort of equipment in kind. Councillor Court advised that he would change the motion to the effect that the Mayor host an event and, if the City could provide equipment and so on, that it do so, and withdrew as mover of the motion. Councillor Ball withdrew as seconder of the motion. On motion of Councillor Court Seconded by Councillor Ball RESOLVED that, with regard to the presentation by Loyalist Days Inc. concerning the 1998 Loyalist Days Festival, the Mayor host a reception and the City give whatever it can in gifts-in-kind. Question being taken, the motion was carried. 6. Mayor's Remarks * Added Items The Mayor called for a motion to add to the agenda of this meeting a resolution regarding appointments considered earlier this date under item 37 in Committee of the Whole, and two resolutions regarding Rockwood Park Waterslides Ltd. considered under item 43 in Legal Session. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that above-mentioned resolutions be added to the agenda for consideration as items 21A and 34A respectively. Question being taken, the motion was carried. 7. Re Council's Representative On Fundy ReQion Solid Waste Commission Consideration was given to a letter from Mayor McAlary advising that more than one member of Council expressed an interest in serving on the Fundy Region Solid Waste Commission at the last Committee of the Whole meeting on June 22 and it was felt more appropriate for a member of Council to serve as Council's representative; and recommending adoption of the submitted resolutions, one removing Sterling Brown as a member of the Commission and one appointing Councillor Chase to complete the term of former member Sterling Brown. On motion of Councillor Vincent Seconded by Councillor White RESOLVED that pursuant to Section 15.4(7) of the Clean Environment Act, Chapter C-12 R.S.N.B. 1973 and amendments thereto (the Act), Sterling Brown is hereby removed as a member of the Fundy Region Solid Waste Commission: and FURTHER BE IT RESOLVED that pursuant to Section 15.4(7) of the Act, Stephen Chase is hereby appointed a member of the Fundy Region Solid Waste Commission to complete the term of office of former member Sterling Brown. Question being taken, the motion was carried. 8. Tender For Contract 98-7 87 -94 COMMON COUNCIL JUNE 29, 1998 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Contract 98-7: Seawood Lane/Peggy's Lane Watermain and Sanitary Sewer, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $309,605, 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. 9. Tender For Contract 98-9 On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 98-9: Chipsealing 1998, be awarded to Industrial Cold Milling Ltd., at the tendered price of $52,188.40, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. 10. Tender For Contract 98-3 On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 98-3: Asphaltic Concrete Street Resurfacing 1998, be awarded to the low tenderer, Classic Construction Ltd., at the tendered price of $775,681.20, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. 11. Tender For Traffic Controllers On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, the tender of Tacel Ltd., of Toronto, in the amount of $27,732, plus tax, be accepted for the supply of 2-4 phase and 2-8 phase electronic traffic controllers. (Councillors Fitzpatrick, Vincent and White withdrew from the meeting.) Question being taken, the motion was carried. 12. Tender For Chemicals On motion of Councillor Court Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tenders for the establishment of supply agreements for various chemicals used to treat the City's water supply be awarded to the lowest tenderer in each case as follows: sodium hypochlorite and liquid chlorine to Monson/Shurtleff Industrial and hydrofluosilicic acid to Stanchem Inc., as indicated in the submitted summary of bids. 87 -95 COMMON COUNCIL JUNE 29, 1998 Question being taken, the motion was carried. (Councillors Fitzpatrick and White re-entered the meeting.) 13. Cancellation & Scheduling Of Public Hearing - Pumpkin Patch (1998) Ltd. - Re-Zoning Of 1770 ManawaQonish Road Consideration was given to a report from the City Manager advising that the application of Pumpkin Patch (1998) Ltd. - Neil Lingley, for the re-zoning of property at 1770 Manawagonish Road, for which Council on June 8, 1998 set the public hearing date of July 13, was submitted to Council on the basis that the subject property was to be re-zoned from "RF" Rural to "B-2" General Business based on information provided by the applicant to Community Planning; however, it has subsequently come to staff's attention that, in addition to expansion of the present retail operation, the applicant's proposal includes the relocation of his wholesaling operation from its present location on Fairville Boulevard to the subject site and, while the "B-2" zone permits a retail store, it does not permit a wholesale store or business and, as a result, it does not appear that the "B-2" zoning that has been advertised will provide for the applicant's actual proposal. The report explains that, as wholesale operations are currently permitted only in industrial zones, an industrial zoning for the subject property would not appear appropriate, given the nature of the other uses which would be permitted in such a zone, as well as the nature of this specific proposal and, as an alternative, it is suggested that a special zone be considered for the applicant's proposal, similar to the "B-2" zone except that a wholesale store or business would also be permitted, which would require the cancellation of the July 13, 1998 public hearing and the setting of a new public hearing, the earliest date for which would be August 10. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the July 13, 1998 public hearing for the proposed re-zoning of 1770 Manawagonish Road be cancelled, and Common Council authorize the necessary advertising of a re-zoning to a special zone which accommodates the applicant's full proposal, with the public hearing to be held on Monday, August 10, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 14. Zoning By-Law Text Amendment To Re-Zone 13 Properties To "US" Utilitv And Service Zone Consideration was given to a report from the City Manager detailing thirteen properties owned by New Brunswick Departments of Supply and Services and Natural Resources and Energy, NBTel and The Power Commission of the City of Saint John, intended to be re-zoned to "US" Utility and Service to reflect the present uses and facilitate future expansions to these developments, the group of properties including (a) the Loch Lomond Garage located between Saint Martins Road and Garnett Settlement Road, (b) the Renforth Garage located along the Saint John Throughway, (c) the NBTel building at 1495 Loch Lomond Road, (d) the NBTel Tower located off Highway No.1 in West Saint John, (e) the NBTel Tower located at 935 Sandy Point Road, (f) the Cranston Avenue Substation at 276 Somerset Street, (g) the Dever Road Substation at 861 Dever Road, (h) the Elliott Row Substation at 155 Elliott Row, (i) the Rothesay Road Substation at 1050 Rothesay Road, U) the Millidge Avenue Substation at 481 Millidge Avenue, (k) the Hickey Road Substation at 1510 Hickey Road, (I) the Manawagonish Road Substation at 1880 Manawagonish Road, and (m) the Charlotte Street Power Commission at 239 Charlotte Street; and recommending that Common Council initiate the process to amend the Zoning By-Law by re-zoning the thirteen properties specified in this report to the "US" Utility and Service zone, and refer the amendment to the Planning Advisory Committee for recommendation, set a public 87-96 COMMON COUNCIL JUNE 29, 1998 hearing date for August 10, 1998 at 7:00 p.m. for consideration of the amendment, and authorize advertisement. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the proposed Zoning By- Law amendment to re-zone the thirteen properties specified in the above report from the City Manager be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, August 10, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 15. HIP Applications #68. #23. #50 & #5 On motion of Councillor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council approve the following: (1) Housing Incentive Program application - HIP #68 - Blanchard Homes Ltd. for an estimated grant of $170,000 for a development on Rivershore Drive; (2) an additional grant of $10,000 for HIP #23 - Saint John Drywall Homebuilders Ltd. for one additional unit at Monte Cristo Park; (3) an extension of the proposed start of construction by an additional 6 months for HIP #50 - 051833 N.B. Limited (David Maxwell); and (4) HIP #5 - Villa Ridge Construction Ltd. be paid the grant approved on May 6, 1996 based only on the 3 units completed. Councillor Fitzpatrick asked why, in the case of HIP #5, Council should waiver from the policy where there must be four units completed, and expressed concern about setting a precedent should Council approve this request. Mr. MacKinnon, in confirming that when this particular project was approved it was for four units, advised that the policy has actually been altered so that there can be less. (Councillor Vincent re-entered the meeting.) Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 16. Amendment To October 20, 1997 Council Resolution Re Sale Of Moore Street Lands On motion of Councillor Vincent Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council amend its resolution of October 20, 1997, pertaining to the sale of the Moore Street lands, by replacing the name Gerald E. Lowe with L.S.O. Enterprises Ltd., and all other aspects of the resolution remain the same. Question being taken, the motion was carried. 17. Cost Sharing Of Playground At Centre Scolaire Communautaire Samuel-de-Champlain On motion of Councillor White Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council (1) support the development of the Centre Scolaire 87-97 COMMON COUNCIL JUNE 29, 1998 Communautaire Samuel-de-Champlain playground as proposed to Council on June 8, 1998; and (2) authorize that the City of Saint John contribute up to $21,822 from the Land for Public Purposes Trust Fund in support of the development. Question being taken, the motion was carried. 18. Financial Assistance To Communities In Bloom On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council authorize the Community Services Department to purchase licensed products for Communities in Bloom not to exceed $3,000 (which includes taxes and shipping), and that this amount be returned to the City by the committee from the proceeds of the sales of the items. Question being taken, the motion was carried. 19. Establishment ChanQe Read a report from the City Manager further to Common Council resolution of April 20, 1998 establishing the new position of Insurance and Claims Officer, the report in this regard having indicated that, should the incumbent of the position of Insurance Co-Ordinator be successful in his bid to fill the position, the present Establishment would be changed to eliminate the position of Insurance Co- Ordinator; and recommending the elimination from the Establishment of this position. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the position of Insurance Co-Ordinator be eliminated from the Establishment due to the successful application of the incumbent to the position of Insurance and Claims Officer. Question being taken, the motion was carried. 20. Fire Department TraininQ Consideration was given to a report from the City Manager advising that the Fire Department will be able to proceed with an initiative resulting in the training of thirty personnel to the certified level of hazardous materials response technician, as well as providing a refresher course to others, at an estimated cost of $30,000, through the support of the Provincial Government Environmental Trust Fund. On motion of Councillor Vincent Seconded by Councillor White RESOLVED that as recommended by the City Manager, a letter of appreciation be forwarded from the Mayor and Common Council to the Minister of Municipalities, Culture and Housing, The Honourable Marcelle Mersereau, for the financial assistance and ongoing support for the Fire service in the City of Saint John. Question being taken, the motion was carried. 21. 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 87-98 COMMON COUNCIL JUNE 29, 1998 The Committee of the Whole reports Your Committee reports that it sat on Monday, June 22, 1998, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely:- 1. That Council approve the following appointments: (a) Councillor Vincent to the Ability Advisory Committee; (b) Deputy Mayor Chase, Councillor Titus and Councillor Vincent to the Appeals Committee - Water and Sewerage Rates; (c) Councillor Desmond, Councillor Fitzpatrick, Councillor Titus and Councillor Trites to the Council Finance Committee; (d) (e) Authority; Councillor Court to the Environment Committee; Councillor Ball continue as a member of the Fort LaTour Development (f) Councillor Chase to the Saint John Teen Pregnancy Committee, as requested by Jane Barry, MLA; (g) Councillor Trites and Councillor Fitzpatrick continue as Directors of Saint John Industrial Parks Ltd.; (h) Councillor Desmond as the Mayor's alternate and Councillor Court as the Deputy Mayor's alternate on the Greater Saint John Regional Facilities Commission; (i) Councillor White to the Board of Directors of Saint John Non-Profit Housing Inc.; U) Councillor White as Council's representative on the Recreation and Parks Advisory Board; (k) Councillor Ball continue as a member of the Saint John Development Corporation; (I) Councillor Desmond to Venue Saint John; (m) Councillor White to Hospitality Saint John Inc.; (n) Deputy Mayor Chase to the Preservation Review Board; (0) Councillor Fitzpatrick continue as a member of the Saint John Harbour Bridge Authority: (p) to the committees of the Cities of New Brunswick Association: Councillor Court - Environment Committee; Councillor Ball - Tourism Committee; Councillor Desmond - Transportation Committee; Councillor Vincent - Protective Services Committee; and Deputy Mayor Chase - Resolutions Committee: AND FURTHER that pursuant to Section 7(4)(b) of the Police Act, Councillor Court is hereby appointed a member of the Board of Police Commissioners for the City of Saint John for a term of three years or until he ceases to be a Councillor, whichever occurs first: AND FURTHER that pursuant to Section 2(2)(b) of the City of Saint John 87-99 COMMON COUNCIL JUNE 29, 1998 Pension Act, Councillor Titus and Councillor Trites are hereby appointed to the Pension Board for a term expiring on November 30, 2000. 2. That the plaza between Water Street and Prince William Street and across from the City Hall building, as shown on the submitted plan, be named Saint Andrew's Society Plaza. June 29, 1998, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 21.1. Appointments To Commissions/Committees On motion of Councillor Trites Seconded by Councillor White RESOLVED that section 1, with the exception of subsection (n), of the above be adopted: AND FURTHER that Councillor Titus be appointed to the Preservation Review Board, and as the Chairman of the Appeals Committee - Water and Sewerage. The Mayor advised that, at the Committee of the Whole meeting on June 20, 1998 with Mayor Laurence Mawhinney, it was decided not to proceed with a Council committee form of government but keep the current structure, mainly because a number of the Councillors are new and felt that they would like to become familiar with the current way of doing business. Question being taken, the motion was carried. 21.2. NaminQ Of Plaza On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. *21A. Appointments To Boards/Commissions On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that Gary W. Keating be appointed to the Atlantic Health Sciences Corporation for a term of three years: AND FURTHER that Michael Arbow be reappointed to the Saint John Transit Commission for a term of three years, and Donald Smith be appointed to the Transit Commission for a term of three years. Question being taken, the motion was carried. 22. Saint John Industrial Parks Ltd. Tender For Services. Allov Drive On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by Saint John Industrial Parks Ltd., Common Council reject all tenders for Tender 98-083501T for water and sewer and roadway services for Alloy Drive in the Spruce Lake Industrial Park. 87-100 COMMON COUNCIL JUNE 29, 1998 Question being taken, the motion was carried. 23. Planning Advisory Committee - Street Assent 540 Main Street And 267 Metcalf Street On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plans that would vest developed portions of Main Street/Simonds Street and Metcalf Street/Lansdowne Avenue as public. Question being taken, the motion was carried. 24. Wayne Northrup - Family Enterprises Ltd. Amendment To Section 39 Conditions Of Re-ZoninQ Of Property 1716 Rothesay Road On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Wayne Northrup - Family Enterprises Ltd. for an amendment to the Section 39 conditions of re-zoning of the property at 1716 Rothesay Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, August 10, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 25. FCM - Call For Resolutions For Debate September Board Of Directors MeetinQ On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the memorandum from the Federation of Canadian Municipalities calling for resolutions on subjects of national municipal interest for debate at the September 1998 meeting of FCM's National Board of Directors, to be received no later than August 4, 1998 -- be referred to the City Manager. Question being taken, the motion was carried. 26. Committee For "The Fred Miller Memorial" In Appreciation On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from David P. Saunderson, on behalf of the Committee for "The Fred Miller Memorial", in appreciation of support in making a realization the June 6, 1998 unveiling of the monument in Tilley Square and the renaming of the side street next to the Carleton Community Centre to "Fred Miller Way" -- be received and filed. Question being taken, the motion was carried. 27. Kennebecasis Rowing Club 87 -101 COMMON COUNCIL JUNE 29, 1998 FundinQ For Renforth ReQatta On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from the Kennebecasis Rowing Club requesting the sum of $4,000 through the L.R. Ross Memorial Fund for the 1998 Renforth Regatta on July 18 -- be referred to the City Manager. Question being taken, the motion was carried. 28. Carolyn McNulty Re ViQilln KinQ's Square On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that Council decline the request of Carolyn McNulty, Executive Director of Romero House Soup Kitchen, for permission to continue her vigil in a small portable structure in King's Square in support of the Vasquez family. Referral to the Building Inspector and the Legal Department was suggested, and Mr. Totten expressed the view that it was not appropriate for the structure in question to be in King's Square and that he did not think that Council should be approving such a request. Question being taken, the motion was carried. 29. Douglas Shephard - Resignation From Preservation Review Board On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from Douglas Shephard resigning from the Preservation Review Board -- be accepted and referred to the Nominating Committee. The Mayor suggested that, as appointments would now be dealt with in Committee of the Whole, the above letter could be referred to her, as the Nominating Committee Chairman, and she would bring in such letters for discussion on new appointments. Question being taken, the motion was carried. 30. The New Brunswick Historical Society Re BuildinQ 36 At Barrack Green Consideration was given to a letter from Dennis R. Knibb, President of The New Brunswick Historical Society, regarding the historical significance of Building 36 located at the Barrack Green; and requesting Council to endorse the following resolution and send copies to the City's Federal Member of Parliament and to the appropriate Federal authorities:- Whereas Building 36, located at the Barrack Green, Saint John, has historical significance and having been constructed in 1842 and is the oldest military building in continuous use in Canada; and whereas it could be of significance as a military museum relating the military history of Saint John; be it resolved that The New Brunswick Historical Society declare a policy of endeavouring to have the building preserved for public use as a period museum related to the development of military forces in Saint John; and be it further resolved that, should the building become available for acquisition from the Federal Government, the City of Saint John be urged to endeavour to acquire the same with a view of developing the building and site as a museum for military activities which took place in Saint John. 87 -102 COMMON COUNCIL JUNE 29, 1998 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Dennis R. Knibb, President of The New Brunswick Historical Society, regarding the historical significance of Building 36 located at the Barrack Green -- be received and filed. Concern was expressed about the reference in the resolution proposed by the Society urging the City to endeavour to acquire the subject building should it become available for acquisition. Question being taken, the motion was carried. 31. Mallory Insurance Re Operation Of Business At 33 Loch Lomond Road On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from K. L. Mallory of Mallory Insurance referring to the business operation at 33 Loch Lomond - "Playful Passions", and expressing objection to a sex shop being allowed to operate next to his business -- be referred to the City Manager. Question being taken, the motion was carried. 32. Saint John Board Of Police Commissioners Re Employee Benefits On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Edward W. Keyes, Chairman of the Saint John Board of Police Commissioners, requesting that, to ensure that employee benefits received from the previous employer continue uninterrupted for certain employees of the Saint John Board of Police Commissioners, Common Council amend its various benefit coverage contracts with respect to health, dental and group life so as to name the Saint John Board of Police Commissioners as a party to those contracts -- be referred to the City Manager. Question being taken, the motion was carried. 33. Penny Alberts Re Street LiQhtinQ Fort Howe Site On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that the letter from Penny Alberts expressing concern that, having lived on Main Street North for four years, the dusk-to-dawn lights on the first level of the Fort Howe site have not worked -- be referred to Saint John Energy and the Board of Police Commissioners. Question being taken, the motion was carried. 34. Saint John Board Of Trade AQreement With Local 18 On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that the letter from the Saint John Board of Trade expressing concern regarding media reports of a proposed contract agreement with Local 18 that would guarantee employment to 293 outside workers for another five years; and advising that, in principle, the Board did not endorse 87-103 COMMON COUNCIL JUNE 29, 1998 any situation which guarantees employment -- be received and filed. Question being taken, the motion was carried. *34A. Re Proposals & Request Made By Rockwood Park Waterslides Ltd. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the proposals recently made by Rockwood Park Waterslides Ltd. with respect to its occupation of a portion of Rockwood Park and the use of its facilities, including the proposal that its building be used as washroom facilities and the tower as a lookout, are hereby rejected. Question being taken, the motion was carried. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the request by Rockwood Park Waterslides Ltd. to keep its building at the waterslides site in Rockwood Park until not later than August 15, 1998, be rejected. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk