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1998-07-27_Minutes 87 -118 COMMON COUNCIL JULY 27,1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of July, AD. 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; B. Freeze, Recreation Supervisor; C. Cogswell, Chief of Police; R. Simonds, Deputy Fire Chief; Miss L. Farrell, Solicitor; 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 Reverend Bob Freill of the Roman Catholic Diocese of Saint John offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that minutes of the meeting of Common Council, held on July 13, 1998, be approved. Question being taken, the motion was carried. 6A. Centra care Site Read a letter from Deputy Mayor Chase suggesting that Council may wish to consider a motion that the Province of New Brunswick be requested to maintain the grounds and edifice of the Centracare site in a reasonably neat and clean condition until such time as any disposition of the lands and buildings is completed. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the City Manager be requested to contact the Department of Supply and Services in the above regard. Question being taken, the motion was carried. * Added Items On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that two reports from the City Manager (copies of which were distributed to Council members at this meeting) regarding tender awards for Contracts 98-15 and 98-14, be added to the agenda of this meeting for consideration as items 15A and 15B, respectively. Question being taken, the motion was carried. 87 -119 COMMON COUNCIL JULY 27,1998 7. Process For Calling For Tenders For Capital Projects Consideration was given to a letter from Councillor White expressing the view that the City of Saint John's process in regard to the call for tenders for capital projects can realize expenditure savings if appropriate changes are made to it; and recommending that staff explore this issue as soon as possible and prepare a report and an appropriate recommendation to Council. Councillor White advised of concern expressed to him by two contractors about the process used by the City in regard to the time when tender calls are put out for capital work projects, such as sidewalk and road work, in that traditionally tender calls would commence around April, and it would be beneficial to contractors in terms of scheduling their work if tenders were called earlier in the year with staggered closing dates, as well as beneficial to the City in bids of upwards to at least ten percent lower and in the quality of the finished product. On motion of Councillor White Seconded by Councillor Trites RESOLVED that the City Manager actively explore the above issue and report back to Council with any recommendation he may have in regard to pursuing a change in the tendering process. Question being taken, the motion was carried. 8. Crosswalks And Signs Meadowland Subdivision Read a letter from Councillor Fitzpatrick advising that he would like the opportunity to present and discuss with Council and staff the submitted petition he received from Caleb and Nicole Gaudet regarding a request for crosswalks and signs for Meadowland Subdivision. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that the above letter be referred to the City Manager for a report and action as soon as possible. Question being taken, the motion was carried. 10. Mayor's Remarks Mayor McAlary encouraged citizens to make an extra special effort to beautify the City for the Communities in Bloom contest, the judges for which would be in Saint John on July 31; and noted the recent Loyalist Days and Buskers on the Boardwalk activities in the City. 3. Power Commission - 1997 Annual Report Donald Royal, Chairman; Richard Burpee, General Manager; and Anthony Furness, Manager of Finance and Administration, of The Power Commission of the City of Saint John, were present at the meeting, and Mr. Royal, in presenting the Commission's previously-submitted 1997 Annual Report, noted the Commission's trade-name change to Saint John Energy and the launching of its "Peace of Mind" Water Heater Program, as well as the Commission's absorption of thirty percent of NB Power's increase in the wholesale rate in October 1997 to strengthen the Commission's position in providing City of Saint John residential customers with the lowest rate structure in Atlantic Canada, being nine percent lower than those of NB Power and twenty-two percent lower than those in Nova Scotia. 87-120 COMMON COUNCIL JULY 27,1998 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the 1997 Annual Report of The Power Commission of the City of Saint John be received and filed with appreciation. Question being taken, the motion was carried. 4. Kiwanis Club Of Saint John PlaYQround At Rockwood Park Consideration was given to a letter from Kiwanis Club of Saint John Limited submitting a brief, for which Council's favourable consideration was requested, on its plans for a fully-accessible playpark, the only such facility in Saint John, indeed the only one in the Province, to be built in the Fisher Lakes area of Rockwood Park. Nicholas Barfoot, Chair of the Harold R. Comeau Project Committee of the Kiwanis Club of Saint John, accompanied by Club President Lynn Lawson and other Club members, highlighted the Club's plans for a fully-accessible playground for the Fisher Lakes area of Rockwood Park, the design of which was coordinated by Barry Freeze, Recreation Supervisor for Special Populations, with parents of disabled children and representatives of advocacy groups for the disabled, such as the Canadian National Institute for the Blind, the Saint John Association for Community Living, the Saint John Learning Disabilities Association, and the Saint John Deaf and Hard of Hearing. Brian Parker, a representative of the Architect - Daniel K. Glenn Ltd., provided an explanation of the unique features of the proposed playground, displaying a site plan; and Mr. Barfoot concluded the presentation by requesting Council for a matching grant of $100,000 for this project, the Kiwanis Club of Saint John to provide $100,000, including a grant of $50,000 already received from The Children's Foundation of the New Brunswick Protestant Orphans Home. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that Council approve a grant of $100,000 to match the Kiwanis Club of Saint John's grant for a fully-accessible playground to be built in the Fisher Lakes area of Rockwood Park. Councillor Trites advised that he would like staff to advise Council of other proposed projects of this nature that may be forthcoming, including the operating costs the City would be assuming, and that he could not support the above motion at this time without knowing the cost to continue to operate the park, what the annual maintenance upkeep would be and what the staffing implications might be. Councillor Fitzpatrick asked about possible contractual agreements for the operation of the horse barn, and about the policy for granting money from the Land for Public Purposes Fund, the latter in view of an indication in the above-mentioned brief that Council may approve up to $75,000 in anyone year from this account. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the above matter be referred to the City Manager for two weeks for a report to Council. Question being taken, the referral motion was carried. 5. Meet & Greet Committee Cruise Saint John - ProQram Read a letter from the Meet & Greet Committee - Cruise Saint John requesting an opportunity to make a brief presentation about the Cruise Saint John and Meet & Greet Program, and submitting a cruise schedule for 1998 for the Port of Saint John. 87 -121 COMMON COUNCIL JULY 27,1998 Rolf Spangenberg, Past Chair of Cruise Saint John, introduced the new Chairperson, Paula Harris, and volunteers Len North and Dawn Buchan; and apprised Council of cruise ship activity in the City of Saint John commencing in 1989 with the arrival of a cruise ship destined for Bermuda and rerouted because of a hurricane, as well as of the efforts put forth in the City to meet and greet passengers of cruise ships. 6. South End Little League Funding For Washroom Facility Barrack Green Baseball Field Consideration was given to a letter from the South End Little League advising of its endeavour to erect a functional washroom facility on the Barrack Green baseball field; and requesting funding from the Land for Public Purposes Fund for assistance in this endeavour. Beth McCullough, President of the South End Little League, addressed Council in the above regard, referring to a cost breakdown and technical drawings for the proposed washroom facility (copies of which were distributed to Council members at this meeting by Little League Dodgers David Brown and Nicholas Thibodeau), and noted donations to date for this project. On motion of Councillor Chase Seconded by Councillor Court RESOLVED that the presentation on behalf of the South End Little League regarding a proposed washroom facility for the Barrack Green baseball field -- be referred to the City Manager. Question being taken, the motion was carried. 9. DeQradation Of KinQ's Square Consideration was given to a letter from Councillor Chase citing examples of what totals to be shameful degradation of King's Square and the surrounding area; and asking Council to support a motion that would see this beautiful park returned to proper order for the enjoyment of all citizens and that a task force be appointed that would involve City staff, the Police Commission, the Human Development Council, the Community Health Centre and Uptown Saint John Inc. in developing a strategy that may include the creation of a new by-law for immediate implementation. (Councillor Trites withdrew from the meeting.) On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that the above matter be referred to the Police Commission for a report for Council's consideration respecting skateboards and bicycles in King's Square. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. (Councillor White withdrew from the meeting.) 11. Municipal Plan Amendment & Re-Zoning 162 And 177-187 Manners Sutton Road Consideration was given to a report from the City Manager regarding the proposed Municipal Plan amendment and re-zoning of 162 and 177-187 Manners Sutton Road, which was referred at the June 15, 1998 public hearing, with no readings given, to the City Manager for further information, including consultation with the proponent and a committee of residents of the area; advising of the meeting in this regard at which the developer presented the submitted revised proposal which would 87-122 COMMON COUNCIL JULY 27,1998 reduce the number of dwelling units from 50 to 42 with a mix of 24 townhouse units, 10 semi-detached units and 8 one-family dwellings, and proposed a number of covenants, including minimum floor area requirements, height limitations and landscaping requirements, some or all of which the developer suggested could be included as Section 39 conditions, although a consensus was not reached. The report also advises that, during preparation of this report, the developer submitted a further proposal, which area residents have not reviewed, that would further reduce the overall number of dwelling units to a total of 36, decrease the number of townhouse units and semi- detached units to 20 and 6, respectively, and increase the number of single-family units to 10, as indicated on the submitted illustration; notes that the developer has clearly stated that the 42-unit scenario is preferred and the residents are opposed to townhouse units; and comments on improvements to Manners Sutton Road that would have to be considered if the development were to occur at the end of Manners Sutton Road, although even with these improvements, Manners Sutton Road would still not be up to full City standard. The report concludes that Council was now in a position to make a decision on the application, taking into account the details of the proposal, the views of neighbourhood residents, engineering costs and the recommendation of the Planning Advisory Committee and, if Council were to decide to deny the application for amendments to the Municipal Plan and Zoning By-Law, Council would be showing support for a number of the residents of the immediate area who primarily are concerned that, because of recent decisions, the "TH" Townhouse Zone will be found appropriate for other lands in the area, resulting in a significant change to the neighbourhood, and are concerned with the condition of the Road itself and all of the problems in that area associated with placing another 42 (or 36) units at the end of the Road; and, if on the other hand, Council were to support the Committee's recommendation, including Section 39 conditions that would restrict the development to the submitted revised proposal (either the 42-unit or 36-unit proposal), Council would be showing support for a development proposal for a piece of land that otherwise is not financially viable to develop at this time; imposing conditions that, to the best of Council's ability, would restrict the number of units to as close to that which is permitted under the current zoning; and advising staff that a phased approach to upgrading Manners Sutton Road to some extent should be planned and budgeted in 1999 and 2000; and recommends that this report be received and filed and Common Council make a decision with respect to the proposed amendments to the Municipal Plan and Zoning By-Law. On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried with Councillor Vincent voting "nay". (Councillor White re-entered the meeting.) The Mayor asked Council to deal with the issue of the proposed Municipal Plan amendment and re-zoning of property at 162 and 177-187 Manners Sutton Road. On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the application of Hughes Surveys & Consultants Ltd., on behalf of G.A.(Sandy) Robertson, for a Municipal Plan amendment and re-zoning of property at 162 and 177-187 Manners Sutton Road, be denied. Councillor Trites suggested that, as he had difficulty with the massive amount of capital input that the City would have to put into Manners Sutton Road in order to create reasonable safe road access to the proposed new community without giving as much consideration to the longer-term potential for opening up other areas, staff should come back to Council in terms of the potential for opening up other areas for residential development through new road construction and what the costing might 87-123 COMMON COUNCIL JULY 27,1998 be; and advised that he did not have a problem with the proposed mix of housing but with what the City would have to do to increase the accessibility vehicle-wise to the proposed housing as he did not think the City could afford it. Councillor Vincent stated his opposition to the motion believing that this matter should have been pursued further in some fashion in terms of the real and accurate costs and a further effort to see if there were some other mix, maybe even in line with that which was initially proposed relating to duplexes and residential occupancy. Councillor Ball, in concurring with Councillors Trites and Vincent that other things should be looked at to make the project work, expressed the view that the housing mix proposed was emblematic of Millidgeville and the Millidgeville peninsula should be looked at as an entity. Question being taken, the motion was carried with Councillors Ball, Trites and Vincent voting "nay". 12. ManaQement Information System Consideration was given to a report from the City Manager submitting a recommendation in follow-up to the report presented at the June 29 Committee of the Whole meeting regarding a management information system, staff having been given the authority to negotiate with HTE, a software supplier, for the provision of a new management information system for the City; advising that, since the original report, negotiations have been completed for provision of a software and the hardware necessary to run it; and addressing a number of matters associated with moving forward in this regard as follows: (a) need for change; (b) selection process; (c) evaluation of alternatives; (d) HTE Company profile; (e) HTE software solution; (f) implementation timing and approach; and (g) pricing. On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the proposal submitted by HTE for the provision of an enterprise software solution for the City, in the amount of $732,536, and the proposal for the necessary hardware components to implement this system from MIT, in the amount of $320,000, be accepted. Councillor Fitzpatrick spoke against the motion as there was no call for proposals, noting the City's procurement policy. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 13. Tender For Tires And Tubes On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of the establishment of a supply agreement for the provision of new tires, retread tires and tubes, to commence on August 1, 1998 and expiring on July 31, 1999, be awarded to the lowest tenderer in each case as indicated in the submitted summary of bids. Question being taken, the motion was carried. 14. Tender For Petroleum Products On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender of Ultramar Ltd. be accepted for the establishment of a supply agreement for the provision of unleaded gasoline, diesel fuel and furnace oil, for a period of one year commencing on August 1, 1998, at the prices as indicated in the submitted summary of bids. 87-124 COMMON COUNCIL JULY 27,1998 (Councillor Vincent withdrew from the meeting.) Question being taken, the motion was carried. 15. Tender For Contract 98-4 Read a report from the City Manager referring to the June 1, 1998 award of Contract 98-4 to Galbraith Construction Ltd. at which time staff reported that the low bid was approximately $94,000 lower than anticipated thereby not utilizing the full potential of cost-shared funds and that staff would investigate further work to expend these funds and present it as a recommendation to Council for approval, and advising that approval was being requested to increase the quantities contained within Contract 98-4 to continue with the planned close-out of the Spruce Lake landfill site to a maximum amount of $94,200 to expedite the closure of the landfill by completing work that have to be performed in future years, and the contractor, Galbraith Construction Ltd., has agreed to perform additional work at the contract unit prices, if given approval, and the Provincial Department of the Environment has indicated approval for expenditure of its portion of funds for the additional work. On motion of Councillor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council authorize the expenditure of $94,200 to increase the value of Contract 98-4: Phase VII Closure - Spruce Lake Landfill, to a total value of $329,000. Question being taken, the motion was carried. *15A. Tender For Contract 98-15 On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Contract 98-15: Simpson Drive - Walter Street water and sewer construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $188,018, 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. *15B. Tender For Contract 98-14 On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Contract 98-14: City Road water and sewer construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $409,227, 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. 16. Lease Of Stall #5. City Market On motion of Councillor Court Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (a) the City accept a surrender of lease from Wendy Gallant, operator of the Butterfly Shoppe, for Stall #5 in the City Market; (b) the City lease to Clare D. Smith, Stall #5 in the City Market for a period of five years beginning July 1, 1998, using the 87-125 COMMON COUNCIL JULY 27,1998 City's usual form of lease for rental of stalls in the City Market; (c) the rent to be as per Schedule "A" (City Market Fees) of the City Market By-Law, as amended from time to time; (d) the lease to specify the products and services to be sold as outlined in the City Manager's submitted report dated July 27, 1998; and (e) the lease to specify the tenant contribution to the City Market Promotion Fund, which is equal to six percent of rent and is in addition to rent; and the Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 17. Purchase Of Land For Street Purposes 2484 Westfield Road Consideration was given to a report from the City Manager advising that, while planning for improvements to Birchmount Road, it was determined that a portion of the travelled street crosses on the property of Mr. and Mrs. Glendon Chambers and, given the width of the right-of-way and the two ninety degree turns at the point at which the street encroaches, it would be better to leave the travelled portion in place, purchase approximately 3228 square feet of land from the Chambers and make the lands to be acquired part of the public street, Birchmount Road, and submitting a recommendation in this regard. On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council (a) authorize the purchase of approximately 3228 square feet of land at 2484 Westfield Road from Glendon and Alice Chambers, for $.77 per square foot, for use as part of the public street; (b) authorize the preparation and filing of a subdivision plan to vest the lands acquired from Mr. and Mrs. Chambers as a public street; (c) refer this matter to the Planning Advisory Committee for a report and recommendation; and (d) authorize the payment of reasonable legal fees and disbursements incurred by Mr. and Mrs. Chambers. Question being taken, the motion was carried. 18. Easement For Municipal Services Tippett Drive Consideration was given to a report from the City Manager advising that, further to Common Council resolution of May 4, 1998 authorizing the purchase of an easement from Lawrence and Marion Brown at 669 Tippett Drive, the Browns recently sold the property to Mary and Herbert Shewbridge who have requested additional compensation in return for which the concrete area of their driveway need only be restored with crushed gravel; and submitting a recommendation in this regard. On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council: (a) rescind the part of Common Council resolution of May 4, 1998 authorizing the purchase of an easement on Tippett Drive from Lawrence and Marion Brown; (b) authorize the purchase from Herbert and Mary Shewbridge for $1,800 of an easement off Tippett Drive, having an area of 34 square metres, more or less, for a storm sewer, together with a right-to-enter upon the lands subject to the easement for the construction, maintenance, repair and replacement of the storm sewer upon the condition that the City remove the concrete slab located within the easement and replace the slab with granular "A" crushed gravel to a depth of 300 mm; (c) authorize the payment of reasonable legal fees and disbursements incurred by Mr. and Mrs. Shewbridge; and (d) authorize the Mayor and Common Clerk to execute documentation to give effect to this resolution. Question being taken, the motion was carried. 87-126 COMMON COUNCIL JULY 27,1998 19. Right-Of-Way Over City Land To Access 8-12 Charlotte Street Consideration was given to a report from the City Manager advising of the Parking Commission's intent to purchase from the Isaacs Estate, a parcel of land on Union Street identified as Lot 97-1 on the submitted plan and, as part of the proposed transaction, the Isaacs Estate requests that a right-of-way be given by the City to permit access to the rear of the building located at 8-12 Charlotte Street, identified as Lot 97-2 on the submitted plan; and submitting a recommendation in this regard. On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) in consideration of the sum of $500, the City grant to the Isaacs Estate an uninterrupted right-of-way, across and along a portion of City land as generally shown on the submitted plan to provide access to the rear of the building located at 8-12 Charlotte Street, provided that: (a) the City will retain the right to designate from time to time the route to be travelled in the exercise of the right-of-way; and (b) the granting of the right-of-way in no way shall interfere with the existing use of, and parking space configuration on, the subject property; and (2) Common Council approve a license agreement with the Isaacs Estate to permit the construction of an exit structure (fire escape) over City land, subject to the following conditions: (a) the license shall be for a period of twenty years at an annual fee of $1 00; (b) the stairwell/landing shall have a minimum 8-foot clearance above the paved surface of the City-owned land to the underside of the structure; (c) should the City or future owner of the City-owned land need the space occupied by the exit structure for development, the agreement can be terminated with a notice of 120 days without any compensation or relocation cost and, if the City chooses to exercise this termination option, the owner would be required to construct an alternate exit from the building; (d) the owner will carry liability insurance to protect the City to the satisfaction of the City, and the owner will be responsible to construct and maintain the structure and for all claims for damages or injury by use and operation of the exit structure constructed over City land; and (e) all plans shall be prepared by a professional engineer and subject to the approval of the Building Inspector; and further that the Mayor and Common Clerk be authorized to execute the necessary documents. (Councillor Fitzpatrick withdrew from the meeting.) Councillor Desmond expressed concern about granting the right-of-way as it would become a permanent fixture and the property could never be clearly sold free of it, and the Mayor suggested that this could be referred to the Legal Department. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the above matter be referred to the Legal Department for an opinion. Question being taken, the motion was carried. 20. New Sewage Lift Station On MillidQe Avenue Consideration was given to a report from the City Manager submitting a copy of Common Council resolution of January 19, 1998 approving a series of Planning Advisory Committee recommendations concerning the development of dwelling units at 985-1001 Millidge Avenue, two of which related to upgrading of a sewage lift station in the area; advising that the developer has made application for building permits which cannot be issued until a resolution to the sewage lift station can be reached and a subdivision agreement is in place and, while the developer and his engineering consultant have investigated the possibility of upgrading the existing facility to 87-127 COMMON COUNCIL JULY 27,1998 accommodate the required flows at a cost estimated at $45,000, staff believes that a solution for the long-term should be found and, as such, recommend that a new submersible-type lift station be installed to replace the existing unit at an estimated cost of approximately $82,000. On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council add the following project to the 1998 Water and Sewerage Capital Program: replace sewage lift station, Millidge Avenue (design, construction and project management) $82,000, with approximately $32,800 being recovered in equal shares of $16,400 each from the developer and the City's subdivision cost-sharing program, and the understanding that staff will return to Council later in the year with the necessary recommendation for revision of the 1998 Capital Program. Question being taken, the motion was carried. 21. Extend Roadway - Dantes Drive Read a report from the City Manager advising of a situation on Dantes Drive in the Monte Cristo Park Subdivision, which should be rectified as expeditiously as possible, where a developed lot does not have required street access as the roadway in front of 120 Dantes Drive was not completed at the time of development in the late 1980s and the developer in question is no longer in business; also advising that, in order to adequately service the property, it will be necessary to construct approximately 17 metres of asphalt roadway at an estimated cost of $10,000; and submitting a recommendation in this regard. On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council add the following project to the 1998 Capital Construction Program for Transportation: extend roadway, Dantes Drive $10,000. Question being taken, the motion was carried. 22. Appointment To Saint John SalvaQe Corps And Fire Police On motion of Councillor Court Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the following appointments to the Saint John Salvage Corps and Fire Police: James M.B. Pipes of 8 Somerset Park, and Murray W. LePoidvin of 1 Brook Court. (Councillors Fitzpatrick and Vincent re-entered the meeting.) Question being taken, the motion was carried. 23. Zoning By-Law Amendment Re-ZoninQ 258 Tower Street On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-472 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 258 Tower Street (NBGIC 87-128 COMMON COUNCIL JULY 27,1998 Number 364604), having approximately 16 metres (50 feet) of street frontage along Tower Street and a total area of approximately 483 square metres (5,200 square feet), from "R-2" One- and Two-Family Residential to "R-4" Four-Family classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-472 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 24. Zoning By-Law Amendment To Re-Zone 51 Courtenay Avenue On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the by-law entitled, "By- Law Number C.P. 100-473 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 51 Courtenay Avenue (NBGIC Number 314823), having approximately 12.6 metres (41 feet) of street frontage along Courtenay Avenue that is adjacent to, and to the west of, Courtenay Avenue Gospel Hall, and a total area of approximately 350 square metres (3,767 square feet), from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-473 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 25. 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 Monday, July 13, 1998, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council approve the submitted agreement respecting communications service between the Town of Grand Bay-Westfield and the City of Saint John, relative to services provided to the Grand Bay-Westfield Fire Department, subject to a final review of the document as to form by the Legal Department; and authorize the Mayor and Common Clerk to execute the agreement on behalf of the City. July 27, 1998, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 25.1.Communications Services For Grand Bay-Westfield On motion of Councillor Court 87-129 COMMON COUNCIL JULY 27,1998 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. 26. Planning Advisory Committee - Street VestinQ 221 Chesley Drive On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plan with respect to the vesting of Chesley Drive as a public street. Question being taken, the motion was carried. 27. Planning Advisory Committee Street VestinQ 49 Mill Street On motion of Councillor Court Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted subdivision plan for the proposed Red Rose Tea site and adjacent parking lot at 49 Mill Street, with respect to the vesting of portions of NBGIC Numbers 38919,55074348 and 39032 as a public street, as well as the required municipal services easement in the former North Street right-of-way. Question being taken, the motion was carried. 28. Planning Advisory Committee Subdivision 19 Boars Head Road On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted tentative subdivision plan of Lots 98-1 to 98-3 along Boars Head Road, and to any required municipal services and public utility easements; (2) accept a cash-in-lieu of land for public purposes dedication for the proposed subdivision; and (3) authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required work. Question being taken, the motion was carried. 29. Verna And Donald Mills Re DumpinQ On Island View Drive On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Verna and Donald Mills regarding the northern end of Island View Drive having become a dumping site for the City of Saint John Works Department; and requesting that a no dumping sign be posted at the end of Island View Drive, the City cease and desist dumping at the end of Island View Drive, the end of the street be properly curbed and paved as a cul-de-sac; and a written response be sent to Mr. & Mrs. Mills, 124 Island View Drive -- be received and filed. The initial motion proposed by Councillors Desmond and White to refer the above letter to the City Manager for a report was changed to that above following 87-130 COMMON COUNCIL JULY 27,1998 Mr. Totten's indication that, to avoid a report coming back to Council, since the June 10 date of the above letter, staff has made a site visit and is looking after the issue in terms of signage and the problem should be looked after; and Mr. Galbraith advised that staff has agreed to post a no dumping sign and, while the City for a number of years has dumped construction debris and spring street-cleaning sweepings in an area there that would have to be filled if a proper cul-de-sac were to be built at some time in the future, staff would agree to cease and desist doing any type of that operation itself and would forward the matter to Engineering for consideration as a capital project, and that this has been communicated to the people concerned. Mr. Galbraith confirmed the intent to remove sand from the subject location. (Councillor Trites re-entered the meeting during discussion in the above regard.) Question being taken, the motion was carried. 30. Irving Oil Limited - Amendment To Section 39 Conditions Of Re-ZoninQ 341 Loch Lomond Road On motion of Councillor Trites Seconded by Councillor White RESOLVED that the application of Irving Oil Limited - Refinery Division for an amendment to the Section 39 conditions of re-zoning of 341 Loch Lomond 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 Tuesday, September 8, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 31. East Suburban Little League Re Annual Ball Field Rental On motion of Councillor Vincent Seconded by Councillor Chase RESOLVED that the letter from East Suburban Little League requesting that Council forgive its annual ball field rental fee of $1,300 for the 1998 season -- be received and filed and the $1,300 fee be waived. Mr. Butler confirmed that there was a fire at the Forest Hills facility in June and he was advised by the Little League that it lost its supplies upon which it depends to raise revenues to help offset its fees; and, with regard to the initial motion to forgive $900, asked for clarification in that the amount requested was $1,300. Question being taken, the motion was carried. 32. Saint John Canada Day Committee Inc. Re Appointment Of City Representative On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from Saint John Canada Day Committee Inc. advising that it would be pleased if the City could consider nominating or appointing a representative for the City to sit on or meet with it to assist in developing and coordinating any activities for New Brunswick Day -- be received and filed. Councillor Vincent initially proposed a motion to refer the above matter to the Nominating Committee, whereupon the Mayor, in noting that New Brunswick Day would be observed on August 3, asked that, if any Council member would like to go on the above Committee, to let her know. 87-131 COMMON COUNCIL JULY 27,1998 Question being taken, the motion was carried. 33. Lindsay Sabean - Zoning By-Law Text Amendment And Re-zoninQ Of 378-380 Westmorland Road On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that the application of Lindsay Sa bean for a Zoning By-Law text amendment and re-zoning of property at 378- 380 Westmorland 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 Tuesday, September 8, 1998, at 7:00 o'clock p.m., and further that it be ensured that the applicant has the proper redemption centre license for that area. Question being taken, the motion was carried. 34. Grandview Avenue Home And School Association Follow-Up To Approval Of FundinQ For PlaYQround On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from the Grandview Home and School Association submitting, further to Common Council resolution of July 13, 1998 approving funding for a playground at Grandview Avenue School, a letter from the Superintendent of School Districts 6 & 8 confirming that it has no problem with the expanded playground being used by the community for as long as the playground exists, and also that the School District cannot contribute financially to the expansion of the playground -- be referred to the City Solicitor for its appropriateness. Question being taken, the motion was carried. 35. Elmer W. Needle - Application To Re-Zone 560 Hillcrest Road On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the application of Elmer W. Needle for the re-zoning of property at 560 Hillcrest 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 Tuesday, September 8, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 36. Local 771, IAFF Re Appointments To Labour-ManaQement Committee On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from Local 771, IAFF, Saint John Fire Fighters' Association requesting Council to appoint two liaison Councillors to the Local 771 Labour-Management Committee and, upon the appointment, that a labour-management meeting be scheduled -- be referred to the Nominating Committee. Question being taken, the motion was carried. 87-132 COMMON COUNCIL JULY 27,1998 37. The New Brunswick Day Observance Committee Re Draft ProQram Of Events On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from The New Brunswick Day Observance Committee sponsored by Saint John Canada Day Committee Inc. and the Multicultural Association of Saint John, submitting a draft program of events to observe this special Provincial day -- be received and filed. Question being taken, the motion was carried. 38. Organizing Committee For 1998 North American Short Track Championships Assistance In CoverinQ Ice Rental Cost On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Cathie M. Hurley, Chairperson of the Organizing Committee for the 1998 North American Short Track Championships, apprising Council of the details of this event and the Committee's original request for support to Committee of the Whole of Council on October 14, 1997 on which, to the best of her knowledge, no vote was ever taken to support or deny the request; submitting an income statement to date for this event; and asking for a reply to its request of October 14, 1997 for assistance in covering the costs of the ice at the Lord Beaverbrook Rink -- be received and filed and the request be declined. Councillor Trites noted that, in looking at the actual revenue and expenses, the Committee was basically in a positive position after the event of almost $15,000, from which was deducted the cost of an electric timer of $19,106.63 which would have a long-term benefit to the Speed Skating Club, as well as a financial benefit as the Club may be able to rent it out to other sports as well; and expressed the view that it was not appropriate for the City to participate in the purchase of this capital equipment. Question being taken, the motion was carried with Councillor Vincent voting "nay". 38A. Saint John Industrial Parks Ltd. Tender For Alloy Drive Construction On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that as recommended by the Board of Saint John Industrial Parks Ltd., (1) Tender 98-085102T (Spruce Lake Industrial Park, Alloy Drive Water, Sewer and Roadway Services) be awarded to the low bidder, Galbraith Construction Ltd., at the tendered price of $544,349, as calculated based upon estimated quantities; (2) the Mayor and Common Clerk be authorized to execute the necessary contract documents; and (3) a purchase order be issued to Hughes Surveys and Consultants Ltd. for an amount up to, but not to exceed, $62,000 plus HST, for project management services as outlined in the submitted memo. Question being taken, the motion was carried. 87-133 COMMON COUNCIL JULY 27,1998 38B. Stephen Tobias - Zoning By-Law Text Amendment And Re-Zoning Of 231 Churchill Boulevard On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the application of Stephen Tobias for a Zoning By-Law text amendment and re-zoning of property at 231 Churchill Boulevard 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 Tuesday, September 8, 1998 at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk